Help with Unenforceability [UPDATED 01/2020]

[Never-In-Doubt]

Re: Help with Unenforceability

What's bothering me is the bit about "Schedule 7 of the DATA Protection Act 1998".

Anyone any idea how to procede ? What does it all mean ? I can't ever get to see my data ?

Please please help if you can. I know it's a long story but it's really annoying me and this particular DCA have been very very bad. Am i stuck ?

Hiya

Ok pay attention, first off you need to amend this to suit --> viewtopic.php?p=17745#p17745 so that it reads that upon receipt of a court claim, you will then demand CPR - until then you want a SAR - so either way, they are legally obliged to provide the ingo. Thing is keep their replies, this all helps you in court if they dare go that far - especially as you need the SAR to prove statute barred.... its a lose-lose situation for you and they know it so they are trying to scare you into submission - ergo, don't back down and stand up to them....

Remember to edit the templates to read properly, and add a part saying, being you're taking legal steps against me - please see attached CPR 31.14 request - lol, that is basically a SAR for pre-court

Muppets are trying to scare you and act clever - just play em at their own game ;LOL

Also, read this thread ---> viewtopic.php?f=59&t=535

[billypre]

Re: Help with Unenforceability

Hi Nid, thanks for the response. I'm not being thick or anything but could i ask if you could explain a few things for me so i understand whats happening ?

1. What, in laymans terms, are they telling me in that letter ?
2. What , in laymans terms, am i saying in the letter you told me to send ?
3. Whats CPR ?
4. What's a lose lose for me (worried about that comment lol)
5. I read the letter you want me to send and i am not sure if it's the right one. It seems to suggest that i am replying to them taking me to court...... obviously i very well may be totally mis-reading it as it is a bit mumbo jumbo in points to me and the layman . What i mean is, they aren't taking me to court but already have and succeeded with a Decree 2 years ago.

[billypre]

Re: Help with Unenforceability

p.s Do i need to send a copy of i.d with this letter so taht they don't fob me off with the usual "we cannot due to data etc process without signature or proof of id" ?

Strange they took this line in the SAR request as i had previously asked for a statement of account last year via EMAIL and gave nothing but an account number and my name/address. They replied...... telling me the account number was wrong, here is the correct one and attached a full statement of account since the Decree. Data Protection act didn't seem to matter as much then eh ?

[Never-In-Doubt]

Re: Help with Unenforceability

p.s Do i need to send a copy of i.d with this letter so taht they don't fob me off with the usual "we cannot due to data etc process without signature or proof of id" ??

No you do not and MUST not send ID - under DPA it is not necessary - trust me here!!

Strange they took this line in the SAR request as i had previously asked for a statement of account last year via EMAIL and gave nothing but an account number and my name/address. They replied...... telling me the account number was wrong, here is the correct one and attached a full statement of account since the Decree. Data Protection act didn't seem to matter as much then eh ?

LOL, its cos they know you're winning the fight already and they dunno what to do so they are panicking and fobbing you off. If they continue to do so then we'd complain to ICO and no action can be taken on disputed debts anyway......

[Never-In-Doubt]

Re: Help with Unenforceability

Hi Nid, thanks for the response. I'm not being thick or anything but could i ask if you could explain a few things for me so i understand whats happening ?

1. What, in laymans terms, are they telling me in that letter ?
2. What , in laymans terms, am i saying in the letter you told me to send ?
3. Whats CPR ?
4. What's a lose lose for me (worried about that comment lol)
5. I read the letter you want me to send and i am not sure if it's the right one. It seems to suggest that i am replying to them taking me to court...... obviously i very well may be totally mis-reading it as it is a bit mumbo jumbo in points to me and the layman . What i mean is, they aren't taking me to court but already have and succeeded with a Decree 2 years ago.

Apologies, I misread the fact you already had a decree... so you're trying to establish when you last made payment I presume; thus the SAR request - which assuming they comply, you're hoping to find proof that you paid over 5yrs since the last contact menaing the decree is invalid - correct?

Please confirm this?

[billypre]

Re: Help with Unenforceability

Yes Niddy, thats exactly right. Also i would like to know something else via the SAR. I received the decree, it was for around £700. A few weeks later i received a statemnet from them and i was sure they had added charges on AFTER the decree for things like :

Investigation (dated 6 months prior to decree) £30 x2
Trace Fee (dated 6 months prior to decree) £25

I queried this but was told they were allowed, and again i didn't know where to trun so left it.

[Never-In-Doubt]

Re: Help with Unenforceability

Yes Niddy, thats exactly right. Also i would like to know something else via the SAR. I received the decree, it was for around £700. A few weeks later i received a statemnet from them and i was sure they had added charges on AFTER the decree for things like :

Investigation (dated 6 months prior to decree) £30 x2
Trace Fee (dated 6 months prior to decree) £25

I queried this but was told they were allowed, and again i didn't know where to trun so left it.

Hiya

Ok, well don't worry what you need to do then is send a complaint to the ICO telling them that you feel you've been hassled to pay for a Statute Barred debt and therefore you NEED the lender to comply with your SAR request, send a copy of the letter you just got as proof and argue the fact the DCA have illegally pursued a SB debt and obtained judgment - which should never have been allowed.

Once you have submitted the complaint, send a copy off to the DCA so they know what you're doing - it should kick them into gear.... point of fact here, they can retain any personal files from the solicitor - if it is an ONGOING case - this is not! This involves them manipulating and bullying you into submission with errors galore ergo the whole claim should be set-aside. You should also contact the Sheriff that made the award and notify him that he issued a Decree in error as the account/debt would have been statute barred. Cease repayments ONLY after you've got confirmation it is ok to do so.

Regards to the SAR, they are in breach of DPA. They should be sending you the data you request. 2

Best of luck!

Complain to ICO here: ---> http://www.ico.gov.uk/complaints/data_protection.aspx

[billypre]

Re: Help with Unenforceability

Right lol

You make it all seem so rosy and simple !! Maybe it is and i always err on the side of caution, but after reading so many of your threads and advice i am awestruck by your knowledge, commitment, sense of humour and most of all your principles.

Now, just so i am clear and i better put in a few points which i put in the old BALWIt thread that may or may not change the situation.

When i got the summons thing, i called DCA to ask about the debt and was told that the best thing i could do was admit the debt and send in to the court what i could pay. If i didn't then i could face further penalties which could double or treble the original debt. So, not knowing better, i admitted the debt in the reply thing for summons and asked for £3 per week payment. Thats how i got the decree in first place. Does it make a difference that i admitted the debt ? I am sure you said last time that i shouldn't have but hey-ho it was done and it still didn't over-ride the fact that the debt was "extinguished".

Also, i am not 100% positive - lets say 95% positive that it should be statute barred. I mean its from 1994 for gods sake and i think i would know if id been getting chased or paying from taht long ago. However, i do remember in 2004 that i entered a DMP and i made token payments of £1 to all my creditors. This "could" have been one of them. Still a 10 year gap between 1994 and 2004 for which was a 12 month loan.

So my main question is before i try this route....... does a SAR only have to go back 6 years ? I would really be looking at getting all the info dating back to 1994 to have best chance of statute barred just incase i did make token payment in 2004..... although i dont think i did.

[Never-In-Doubt]

Re: Help with Unenforceability

who were you on BALWI/MSE out of interest..... back in 5 mins

[billypre]

Re: Help with Unenforceability

Also ICO say :

Before complaining :
First, tell the organisation concerned and give it an opportunity to put things right.

Should i not send DCA a letter first again asking for SAR and why their letter is in breach of whatever it is lol

[billypre]

Re: Help with Unenforceability

Same username on BALWI

[Never-In-Doubt]

Re: Help with Unenforceability

Right lol

You make it all seem so rosy and simple !! Maybe it is and i always err on the side of caution, but after reading so many of your threads and advice i am awestruck by your knowledge, commitment, sense of humour and most of all your principles.

Now, just so i am clear and i better put in a few points which i put in the old BALWIt thread that may or may not change the situation.

When i got the summons thing, i called DCA to ask about the debt and was told that the best thing i could do was admit the debt and send in to the court what i could pay. If i didn't then i could face further penalties which could double or treble the original debt. So, not knowing better, i admitted the debt in the reply thing for summons and asked for £3 per week payment. Thats how i got the decree in first place. Does it make a difference that i admitted the debt ? I am sure you said last time that i shouldn't have but hey-ho it was done and it still didn't over-ride the fact that the debt was "extinguished".

Also, i am not 100% positive - lets say 95% positive that it should be statute barred. I mean its from 1994 for gods sake and i think i would know if id been getting chased or paying from taht long ago. However, i do remember in 2004 that i entered a DMP and i made token payments of £1 to all my creditors. This "could" have been one of them. Still a 10 year gap between 1994 and 2004 for which was a 12 month loan.

So my main question is before i try this route....... does a SAR only have to go back 6 years ? I would really be looking at getting all the info dating back to 1994 to have best chance of statute barred just incase i did make token payment in 2004..... although i dont think i did.

Hiya, ok sorry for sounding as though it isn't a big deal, I know it is to you but I only try to cheer people up cos really stressing is the worse thing to do.

Regards to your first point about being misadvised - this is your get out, you really ought to be ringing the court AT least. I'd be compiling one big letter, post it here - let me tweak it and add facts then get it sent to the court. Point here is that if you were told to do this and the debt was likely to already be statute barred then the original DCA has actually broken the law - bearing in mind OFT guidelines didn't "protect" them (as such) until quite recently. I can sort it for you, if you start the process by typing up an events to date thing, so kind of pretend you're telling me - someone that knows nothing about this case - your story, from start to finish entering as much info as you can remember, dates (approximate) are imperitive - even if you can narrow it down to "at the start of 1999 - not sure when" - it helps!

I can then sort your main ICO complaint and court letter.... basically you need to push for set-aside and based on the length of time and age of the debt, yes, you have a good chance of victory here. However the problem you have will be getting the accurate data so you're going to have to argue for set-aside based on the dca refusal to provide data......

You have a l;ot of work to be getting on with - lol, update this with as much detailed info as you can get and then i'll sort it for you - if you want? Obviously, I mean I will sort the responses, I cannot guarantee the outcome.

If you decide to take me up on the offer then ignore the previous advice as this will be irrelevant. 2

[Never-In-Doubt]

Re: Help with Unenforceability

Also ICO say :

Before complaining :
First, tell the organisation concerned and give it an opportunity to put things right.

Should i not send DCA a letter first again asking for SAR and why their letter is in breach of whatever it is lol

You did give them a chance - when you SAR'd them! You're complaining at their response, which falls immediately into refusal to comply category which means you can bypass the chance to put it right steps.....

Ignore this for now anyway, based on my last reply to you..... 2

[billypre]

Re: Help with Unenforceability

OK Niddy, i am in your hands. I mean, i have nothing to lose in trying right ?

About the misinformed, how could i possibly prove this ? Maybe they would have recorded the phone call, but then maybe it would get "lost" if you know what i mean. They are the most dishonest people on the planet after all.

[billypre]

Re: Help with Unenforceability

p.s So they actually had no right to refuse my SAR with that gobbledegook about solicitors confidentiality etc ? Bunch of *******