Lovemoney UE Diary

[Never-In-Doubt]

Re: Lovemoney UE Diary

13/6/12
received letter from F/D saying request for information under the SAR unable to assist and have returned £10 cheque. In order to proceed with the request need to complete an application form enclosed and supply with an original signature have 40 days from then to process the request.

Further advice needed please....

What? Utter nonsense - respond as follows (and also send a copy of the original request you made with the original £10 payment as well)

Dear First Direct,

Ref: Sar Request under s.7 Data Protection Act 1998

I write with dismay at your clear lack of intelligence when considering your customers needs and thus must warn you that failure to respond in accordance with your rights as a Data Controller will result in my formalising a complaint to the relevant regulatory bodies, namely the ICO & the FOS.

I do not have to complete any template in order for you to fulfil my lawful request, something which the ICO confirm within their own guidelines; I quote from this guidance:

DPA1998 Guidance Notes for Organisations (Refer Principle 6)

Can I require individuals to use a specially designed form when making subject access requests?

No. Many organisations produce subject access request forms, and you may invite individuals to use such a form as long as you make it clear that this is not compulsory and you do not try to use this as a way of extending the 40-day time limit for responding. Standard forms can make it easier for you to recognise a subject access request and make it easier for the individual to include all the details you might need to locate the information they want.

However, any request in writing must be considered as a valid request, whatever the format.

As you can clearly see from the above, your 40 days are still ticking and I expect an immediate response from you with a suitable offer of compensation for your most misleading and quite unlawful request to complete a template.

Yours faithfully,


Sign Digitally

[Never-In-Doubt]

Re: Lovemoney UE Diary

DPA1998 Guidance Notes for Organisations (Refer Principle 6)

linky ---> Access to personal data

[Lovemoney]

Re: Lovemoney UE Diary

What? Utter nonsense - respond as follows (and also send a copy of the original request you made with the original £10 payment as well)

Dear First Direct,

Ref: Sar Request under s.7 Data Protection Act 1998

I write with dismay at your clear lack of intelligence when considering your customers needs and thus must warn you that failure to respond in accordance with your rights as a Data Controller will result in my formalising a complaint to the relevant regulatory bodies, namely the ICO & the FOS.

I do not have to complete any template in order for you to fulfil my lawful request, something which the ICO confirm within their own guidelines; I quote from this guidance:

DPA1998 Guidance Notes for Organisations (Refer Principle 6)

Can I require individuals to use a specially designed form when making subject access requests?

No. Many organisations produce subject access request forms, and you may invite individuals to use such a form as long as you make it clear that this is not compulsory and you do not try to use this as a way of extending the 40-day time limit for responding. Standard forms can make it easier for you to recognise a subject access request and make it easier for the individual to include all the details you might need to locate the information they want.

However, any request in writing must be considered as a valid request, whatever the format.

As you can clearly see from the above, your 40 days are still ticking and I expect an immediate response from you with a suitable offer of compensation for your most misleading and quite unlawful request to complete a template.

Yours faithfully,


Sign Digitally

linky ---> Access to personal data

Many thanks Niddy and the linky
I'll do it straight away and send it off monday

[Lovemoney]

Re: Lovemoney UE Diary

Dear First Direct,

Ref: Sar Request under s.7 Data Protection Act 1998

I write with dismay at your clear lack of intelligence when considering your customers needs and thus must warn you that failure to respond in accordance with your rights as a Data Controller will result in my formalising a complaint to the relevant regulatory bodies, namely the ICO & the FOS.

I do not have to complete any template in order for you to fulfil my lawful request, something which the ICO confirm within their own guidelines; I quote from this guidance:

DPA1998 Guidance Notes for Organisations (Refer Principle 6)

Can I require individuals to use a specially designed form when making subject access requests?

No. Many organisations produce subject access request forms, and you may invite individuals to use such a form as long as you make it clear that this is not compulsory and you do not try to use this as a way of extending the 40-day time limit for responding. Standard forms can make it easier for you to recognise a subject access request and make it easier for the individual to include all the details you might need to locate the information they want.

However, any request in writing must be considered as a valid request, whatever the format.

As you can clearly see from the above, your 40 days are still ticking and I expect an immediate response from you with a suitable offer of compensation for your most misleading and quite unlawful request to complete a template.

Yours faithfully,


Sign Digitally

with a copy of the original request and the original £10 cheque payment send 25/6/2012

[Lovemoney]

Re: Need Advice

CAPITAL ONE (CREDIT CARD)

START DATE: 7/4/2005
DEFAULT BALANCE: £1821
DEFAULT ON: 27/4/2009

HISTORY

5/3/12
sent cca request.

13/3/12
received reply saying under S78 to provide with a copyof executed agreement. It was confirmed by the Judgement of his Honour Judge Waksman QC in Carey v HSBC[2009]3417(QB) that providing a reconstituted copy of agreement is compliant with S78 no requirement under the CCA to provide with a photocopy of the original signed agreement. Received photocopy Original Agreement & Defaulted Agreement (Emailed Niddy).

Niddy says

19/3/12
A/c due to review required income & expenditure with some proofs.

26/3/12
Missing Prescribed Term letter sent.

2/4/12
required income & expenditure with some proofs have not received, need response within 14 days. If not previously been issued with a default may serve default notice requesting the total arrears to be paid immediately or a/c defaulted may pass tp debt collection agencyto recover the full outstanding balance. # ADVISED IGNORE & NO PAYMENT #

24/5/12
received letter from FREDRICKSON INTERNATIONAL LTD....DO NOT IGNORE IMMEDIATE PAYMENT REQUIRED. Has been instructed by Capital One who have passed this a/c to us for collection of the outstanding balance. Our client now requires payment in full (£1785.43)to avoid further action.


7/6/12
received legal action threat letter from FREDRICKSON INTERNATIONAL LTD....LETTER BEFORE ACTION. This debt must be paid in full to these office within the next 7days otherwise will take immediate action ie..issue proceedings in County Court (or the Sheriff Court aws may be appropriate).


8/6/12
Threat by Creditor - To Commence Litigation template send

18/6/12
got a reply from FREDRICKSON INTERNATIONAL LTD saying thank you for yr communication regarding this a/c. We have referred the matter to our client & will revert to you as soon as we are in receipt of instructions. We confirm that we have placed the a/c on hold.


22/6/12
received letter from FREDRICKSON INTERNATIONAL LTD further to the previous correspondence documentation. We have taken our client's instructions and have been advised that they complied with your request on the 12/4/2012. Therefore, please forward your proposals for payment to discharge the above outstanding balance.

UPDATE...
Should I ignore for now just wait and see what happens next
advice please

[Never-In-Doubt]

Re: Lovemoney UE Diary

I'd wait and see what they send next

[Lovemoney]

Re: Lovemoney UE Diary

I'd wait and see what they send next

Niddy thanks for quick reply...
Sure...

[Lovemoney]

Re: Lovemoney UE Diary


Just a quick update....

CAPITAL ONE (CREDIT CARD)
ACCOUNT SOLD TO DCA: CAPQUEST
HUSBANDS

26/3/2012
cca request sent.

27/4/2012
received Credit Agreement (cover letter dated 6/4/2012) Emailed Niddy

30/4/2012
Niddy confirmed MPT letter sent.

15/5/2012
received reply saying previously provided with a copy of yr defaulted t&c and a reconstituted copy of orginal agreement, together with a scanned copy of signature page of original agreement with a statement. We have fully complied with the requirements of S78 of the CCA. You have failed to state why you allege that the Agreement is improperly executed pursuant to Section 61(1). The Agreement was properly executed pursuant to Section 61(1):
a) in the prescribed form and contains all the prescribed terms, conforms to the regulations under Section 60(1) of the Act and has been signed in the prescribed manner by the Claimant & Defendant.
b) embodies all the terms of the agreement, other than implied terms; and
c) when presented to the debtor was in such a state that all its terms were readily legible........
Review of the full agreement will no doubt agree contains all the prescribed terms and therefore fully enforceable.

23/5/2012
received HL LEGAL SOLICITORS letter (dated 19/5/12) TAKE NOTICE that if you fail to repay the arrears on the arrangements you have made of £2.00 by 28/5/12 Court proceedings may be issued against you for £10052.71 plus further costs that will be added. Furthermore, if you commence payments and fail in your commitments in future without good cause or reason, further action may commence without further notice.

29/5/2012 Balance £10052.71
received letter from Capquest further to yr recent communication we can confirm acceptance of this as follow: Instalment Amount £1 payment to be received by 27 Jun 12 failure to comply with the above will make the full balance become immediately payable and may then be liable for legal action, which if successful would increase yr liability to £10277.71. Due to low repayment amount able to offer the following settlement figure....settlement offer 71% of the balance outstanding = £7137.42 must be received by 4/6/12.

28/6/2012 Balance £10052.71
received letter from Capquest prior to the start of legal proceedings various checks & validations are undertaken to establish facts around yr current circumstances. There are outstanding CCJ's registered against you are in excess of three yrs old & this is the reason corresponding with you & highlighting this as a matter of urgency indicates to us that you may be attempting to repair yr credit file. If we were to start the legal process & Judgment is awarded it will remain on your credit file for 6 yrs could have a damaging affect on yr ability to obtain credit now & future like simple credit agreement such as mobile phone contract blah blah.... We are not seeking an immediate payment in full; can offer many repayment methods that can be designed around yr current circumstances which may include possible settlements that will save you money, do contact on XXXXXXX before 7/7/12.

any advice what should I do next please..

[Lovemoney]

Re: Lovemoney UE Diary

Dear First Direct,

Ref: Sar Request under s.7 Data Protection Act 1998

I write with dismay at your clear lack of intelligence when considering your customers needs and thus must warn you that failure to respond in accordance with your rights as a Data Controller will result in my formalising a complaint to the relevant regulatory bodies, namely the ICO & the FOS.

I do not have to complete any template in order for you to fulfil my lawful request, something which the ICO confirm within their own guidelines; I quote from this guidance:

DPA1998 Guidance Notes for Organisations (Refer Principle 6)

Can I require individuals to use a specially designed form when making subject access requests?

No. Many organisations produce subject access request forms, and you may invite individuals to use such a form as long as you make it clear that this is not compulsory and you do not try to use this as a way of extending the 40-day time limit for responding. Standard forms can make it easier for you to recognise a subject access request and make it easier for the individual to include all the details you might need to locate the information they want.

However, any request in writing must be considered as a valid request, whatever the format.

As you can clearly see from the above, your 40 days are still ticking and I expect an immediate response from you with a suitable offer of compensation for your most misleading and quite unlawful request to complete a template.

Yours faithfully,


Sign Digitally

with a copy of the original request and the original £10 cheque payment send 25/6/2012

A quick update.....

2/7/2012


Niddy received above reply with £10 cheque returned today...can you advise me further please. Thanks as always.

[Deepie]

Re: Lovemoney UE Diary

Just a quick update....



[ATTACH]4966[/ATTACH]

any advice what should I do next please..

I would send this if it was me-------> Threat by Creditor - Threat-o-Gram Letter Before Action

[Deepie]

Re: Lovemoney UE Diary

A quick update.....

2/7/2012
[ATTACH]4967[/ATTACH]

Niddy received above reply with £10 cheque returned today...can you advise me further please. Thanks as always.

I would send this -----------> Creditor Refusal of SAR

[Lovemoney]

Re: Lovemoney UE Diary

I would send this if it was me-------> Threat by Creditor - Threat-o-Gram Letter Before Action

I would send this -----------> Creditor Refusal of SAR

I2D thank you for your prompt reply
Will get this two template letters ready tomorrow and post it off asap.

[Lovemoney]

Re: Need Advice

CAPITAL ONE (CREDIT CARD)

START DATE: 7/4/2005
DEFAULT BALANCE: £1821
DEFAULT ON: 27/4/2009

HISTORY


5/3/12
sent cca request.

13/3/12
received reply saying under S78 to provide with a copyof executed agreement. It was confirmed by the Judgement of his Honour Judge Waksman QC in Carey v HSBC[2009]3417(QB) that providing a reconstituted copy of agreement is compliant with S78 no requirement under the CCA to provide with a photocopy of the original signed agreement. Received photocopy Original Agreement & Defaulted Agreement (Emailed Niddy).

Niddy says

19/3/12
A/c due to review required income & expenditure with some proofs.

26/3/12
Missing Prescribed Term letter sent.

2/4/12
required income & expenditure with some proofs have not received, need response within 14 days. If not previously been issued with a default may serve default notice requesting the total arrears to be paid immediately or a/c defaulted may pass tp debt collection agencyto recover the full outstanding balance. # ADVISED IGNORE & NO PAYMENT #

24/5/12
received letter from FREDRICKSON INTERNATIONAL LTD....DO NOT IGNORE IMMEDIATE PAYMENT REQUIRED. Has been instructed by Capital One who have passed this a/c to us for collection of the outstanding balance. Our client now requires payment in full (£1785.43)to avoid further action.

7/6/12
received legal action threat letter from FREDRICKSON INTERNATIONAL LTD....LETTER BEFORE ACTION. This debt must be paid in full to these office within the next 7days otherwise will take immediate action ie..issue proceedings in County Court (or the Sheriff Court aws may be appropriate).

8/6/12
Threat by Creditor - To Commence Litigation template send

18/6/12
got a reply from FREDRICKSON INTERNATIONAL LTD saying thank you for yr communication regarding this a/c. We have referred the matter to our client & will revert to you as soon as we are in receipt of instructions. We confirm that we have placed the a/c on hold.


22/6/12
received letter from FREDRICKSON INTERNATIONAL LTD further to the previous correspondence documentation. We have taken our client's instructions and have been advised that they complied with your request on the 12/4/2012. Therefore, please forward your proposals for payment to discharge the above outstanding balance.


3/7/12
received letter from Bryan Cartar Solicitors LLP with regard to the outstanding debt. Payment must be made in full within the next fourteen days failing which we will recommend to our client that proceedings be issued without further notice. And additional charges will be added to the exisiting balance. If you dispute liability for this debt please state your reasons in writing & supply us with documents in support of your defence to any claim. Before the a/c is referred to us to litigate you still have an opportunity to contact FREDRICKSON INTERNATIONAL LTD with your payment proposals.

UPDATE.......further advice needed please!

[MrsD]

Re: Lovemoney UE Diary

I'd send a sold in dispute to Bryan Carter as this is the first you've heard from them?

[Lovemoney]

Re: Lovemoney UE Diary

I'd send a sold in dispute to Bryan Carter as this is the first you've heard from them?

evenlessdopey thanks for the prompt reply....yes this is the first I heard from Bryan Carter. I would send this Account Sold whilst in Dispute tomorrow (9/7/12)