Shas V Marlin, Mortimer Clarke, Phoenix, Tom, Dick, Harry... ;)

[shas]

Re: Shas V Marlin, Mortimer Clarke, Phoenix, Tom, Dick, Harry...

This is what I have so far...


I write regarding my subject access request to yourselves dated 23/06/2009 & the information pack that I have received from you today.

After looking through all of the information extensively, I notice that there is information referred to, which hasn’t been included within the pack.
For example, no information regarding the court action taken (including correspondence from Restons) or the subsequent sale of the account has been included in the pack.



Can I have help with my letter please? Im not feeling very confident about my writing (nor the legal bits) & this is important.

[Curlyben]

Re: Shas V Marlin, Mortimer Clarke, Phoenix, Tom, Dick, Harry...

Well that's a start.
Just write it in "normal" and we'll polish it up.
We've got all weekend

[shas]

Re: Shas V Marlin, Mortimer Clarke, Phoenix, Tom, Dick, Harry...

ok....

[shas]

Re: Shas V Marlin, Mortimer Clarke, Phoenix, Tom, Dick, Harry...

I am waiting for inspiration to hit me with this letter. I dont know why I am finding it difficult, but I am. This is my rough guide....


Dear Sir/Madam

I write regarding my subject access request to yourselves dated 23/06/2009 & the information pack that I have received from you today.
After looking through all of the information extensively, I notice that there is information referred to, which hasn’t been included within the pack. For example, no information regarding the court action taken (including all correspondence from Restons) or the subsequent sale of the account has been included in the pack.

I would like to remind you that (their compliance with dpa) & request that you send me all of the missing information within the next (how long do you think is reasonable?).
Do i need to include a failure to comply reminder here?

I look forward to hearing from you shortly.

Yours faithfully



Am I on the right track?

[Happyolddog]

Re: Shas V Marlin, Mortimer Clarke, Phoenix, Tom, Dick, Harry...

Why not use this one http://www.legalbeagles.info/forums/...91&postcount=3

[shas]

Re: Shas V Marlin, Mortimer Clarke, Phoenix, Tom, Dick, Harry...

Why not use this one http://www.legalbeagles.info/forums/...91&postcount=3

I saw that one but didnt know if threatening court action was the right one???? Is it?? Or is there an inbetween letter? :-/


I was just reading a leaflet on ico about it...... they say...

If you do not get a reply fairly quickly, or you think the information you receive is wrong or
incomplete, you can:
• ask us to carry out an assessment to see whether it is likely or unlikely that the
organisation has responded properly; or
• take legal action through the court.


Maybe im looking too deeply? or am I being toooooooooo soft???

[shas]

Re: Shas V Marlin, Mortimer Clarke, Phoenix, Tom, Dick, Harry...

Ok, what about this for a reminder? Can somebody tweak it for me please?


Dear Sir/Madam

SECTION 7 – DATA PROTECTION ACT SUBJECT ACCESS REQUEST

I write regarding my subject access request to yourselves dated 23/06/2009 & the information pack that I have received from you today.

After looking through all of the information extensively, I notice that there is information referred to, which hasn’t been included within the pack. For example, no information regarding the court action taken (including correspondence from Restons) or the subsequent sale of the account has been included in the pack.

I would like to remind you that I am entitled to the information under Section 7 of The Data Protection Act 1998; & therefore request that you send me all of the missing information within the next 7 days.

Failure to fully comply with my request within that time, will lead to me asking the Information Commissioners Office to complete an assessment, & I will take legal action through the court if necessary.

I look forward to hearing from you shortly.

Yours faithfully


Shas

[Happyolddog]

Re: Shas V Marlin, Mortimer Clarke, Phoenix, Tom, Dick, Harry...

Yes Shas, that's good,maybe in there put 'I will give you a further 10 days to comply', print it and post it.

Good luck.

[shas]

Re: Shas V Marlin, Mortimer Clarke, Phoenix, Tom, Dick, Harry...

Yes Shas, that's good,maybe in there put 'I will give you a further 10 days to comply', print it and post it.

Good luck.

Ahh thankyou I've made the changes & its printing as we speak...envelopes already done!


Marlins sar requests 40 days are up on Thursday..... watch this space for the next instalment

[shas]

Re: Shas V Marlin, Mortimer Clarke, Phoenix, Tom, Dick, Harry...

1 last thing that I do want to ask is....

Regarding the cca that came in the sar info.....the unclear marbles 1 .... any comments on that? Is it ok?

[shas]

Re: Shas V Marlin, Mortimer Clarke, Phoenix, Tom, Dick, Harry...

**Marlins 40 days for the sar info are up today**

[Happyolddog]

Re: Shas V Marlin, Mortimer Clarke, Phoenix, Tom, Dick, Harry...

Hi Shas,

You need to address your complaint to the information commisions officer at I.C.O. not that thet're much good and you will have to wait for a few weeks for them to react but at least the complaint is filed and Marlins will eventually get their arse kicked and a fine.

[shas]

Re: Shas V Marlin, Mortimer Clarke, Phoenix, Tom, Dick, Harry...

I have today received from Mortimer Clarke Solicitors a letter saying........

we write with reference to the above case (shas v Phoenix- Sarl-Potomac) & in particular to your recent document request (are they referring to my sar request to marlins?).

Please find enclosed a copy of your statement of account from the original creditor HFC BANK LTD. (photocopies of statements from may 2006 up to June 2008 are included & showing a balance of 8775.39, with no interest being charged - this has cost me £10!! )

We trust that this is of assistance to you & that you are now minded to settle your outstanding debt to our client.

We hope this is of assistance to you.

yf

mc



I know that this isnt a sar bundle & that they still havent sent me a signed cca(lol) but I dont know how to continue with this. Can somebody help me with this please??

[Amethyst]

Re: Shas V Marlin, Mortimer Clarke, Phoenix, Tom, Dick, Harry...

Are the only people saying your balance is the 11k your debt company ?

[shas]

Re: Shas V Marlin, Mortimer Clarke, Phoenix, Tom, Dick, Harry...

Are the only people saying your balance is the 11k your debt company ?

No.... the balances with the various companies (for the same debt) & as per statement date are as follows.. (this is what I have in writing anyway )

05/7/09 Hfc stmt £ 8775.39 (statement incl in sar bundle & agrees with their entry with the credit ref agency) hfc havent applied any payments to this account for over a year though.

15/7/09 Marlins £10941.91 (agrees with their entry with the credit ref agency) (yes its on my credit file twice, marlins say they have the rights, therefore, do I need to write to hfc to ask why they are posting to my credit file??)

22/7/09 Dmc stmt £12334.81 (dmc queried this. marlins said they dont tell creditor about interest, just add it - I suspect this must be a way of intimidating the dmc?)

23/7/09 MC stmt £11046.63 (mortimer clarke statement)

Considering this is the same debt, there are some 'odd' practices going on for this much of a difference in amount to be recorded all in the same month!