Pezman's Diary

[pezman65]

Re: Pezman's Diary

No, you can send for a sar at any time.

The real reason for doing this, would be to find any reference to freezing interest in 2000. You would need to ensure that they provide everything back to the inception of the account.

The default notice that you are looking for would refer to s87 CCA 1974. What you have received recently is a statement of default sums. Different animal.

If you do not have a copy of your default notice, a SAR should produce one and a date when it was issued on the data log.

Hi Vint1954, I have received a letter as shown stating they have NOT sent a default notice:

This is a notice of default sums applied to your account and provided to you in compliance with the CCCA 1974. We would ask you to call the office as soon as possible, should you wish to discuss the account. Additionally,should you be experiencing any financial difficulties we will also be pleased to discuss any options that may be available to you.

Please note this is not a Default notice as required by sec *&(1) of the CCA 1974. Does this have any effectt on the interest they can charge, thanks PEZ

[pezman65]

Re: Pezman's Diary

That letter is just for information and does not require a reply. Let's see what the SAR unveils, they have 40 days to comply so it should reach you just before Xmas.

Thanks Flowerpower, it is a bit worrying that they keep adding money on and ignoring the Requests. cheers PEZ

[vint1954]

Re: Pezman's Diary

Hi Vint1954, I have received a letter as shown stating they have NOT sent a default notice:

This is a notice of default sums applied to your account and provided to you in compliance with the CCCA 1974. We would ask you to call the office as soon as possible, should you wish to discuss the account. Additionally,should you be experiencing any financial difficulties we will also be pleased to discuss any options that may be available to you.

Please note this is not a Default notice as required by sec *&(1) of the CCA 1974. Does this have any effectt on the interest they can charge, thanks PEZ

Hi Pezman,

The DN would have been issued some time ago. They need to issue a DN, before they are entitked to demand the ballance in full or terminate the agreement.

This latest notice is just a statutory notice of default sums. A different animal.

You are looking for a notiice that states it is issued under s87 of the CCA 1974

[pezman65]

Re: Pezman's Diary

Hi Pezman,

The DN would have been issued some time ago. They need to issue a DN, before they are entitked to demand the ballance in full or terminate the agreement.

This latest notice is just a statutory notice of default sums. A different animal.

You are looking for a notiice that states it is issued under s87 of the CCA 1974

Thanks a lot, just a bit scary seeing it going up again, cheers Pez

[pezman65]

Re: Pezman's Diary

Hi everyone - Had a few loans and credit cards during my life and did not see a problem with spending, working and playing, in 1998 developed a heart condition and had time in hospital and convalescence. Got behind and tried to sort it via DMC who promised the world and produced nothing. Have been paying back for last 12yrs only to find some creditors have been charging interest and not informing me until they had to in 2009 when the CCA74 was updated. Now in an impossible position re paying back and receiving all sort of phone calls asking for more money and income and expenditure forms etc etc, health poor and concerned about leaving my wife with all this crap. Feel I have hope now I have found this site and have had support from lots of you for which I am very grateful. Below is some of the debts and I will update with the others as and when. Cheers to all Pezman

Type of account - Loan

Date commenced - 11/09/1998





Approx balance - £22.345 should be £1800 they have charged interest for last 12yrs

Date last full payment - June 1999 now paying £10.60 month until today

Are you on arrangement or not paying - Arrangement until 29.08.12 now not paying

Status - Just cancelled DD

Account owner - Paragon Finance

Key:
Blue - Communication Sent
Red - Communication Received

29.08.12 requested CCA and sent £1 po
20.09.12 recieved agreement and conditions, emailed Niddy 2 docs.
23.09.12 Niddy says UE and to send missing PT Template, sent 24.09.12
16.10.12 Letter received stating they have fulfilled their obligation and will not release from obligation

Hi Guys, just received the following from Paranob:

Dear Mr P
With reference to the above account, Please be advised as there have been no payments on the account we have changed the interest rate to the full contractual amount. If you wish to discuss this matter further, please contact the office on the above telephone number. Thank you for your attention in this matter, we look forward to hearing from you, yours sincerely Etc Etc

This is the company who agreed to freeze interest in 2000 but charged it until 2009 when the change in the CCA regulatons stated they had to keep me informed of the balance on a yearly basis, they then froze interest but the loan had risen from £1900 to £22,343. If they charge interest on this amount it will mean over £100 a month going on to the bill, Niddy says it is UE but they state they have provided everything,any suggestions how I deal with this, many thanks Pezman

Hi again, just wondered if I need to reply to the letter stating they are charging full interest again. They charged full interest until 2010 after telling me they had frozen it. Any suggestions, cheers Pez

05.11.12 Sent SAR request.
08.11.12 received default sums letter
17.11.12 received letter with copy of UE agreement - UE UE conditions and 6 pages of accounting showing every payment and all interest and charges since inception of the loan.

Hi Guys, received letter in reply to my SAR request from Paragon, they have sent copies of what they have already sent when I asked for CCA. They say "Whether information is disclosed depends on whether it is personal data and how it is stored. By way of explanation, if you have requested or were expecting to receive any of the items detailed below then our position is as follows" they then go on to list a load of things such as paper file - microfiche - digital medium, they say these items do not fall within the ambit of sec 7 of the act. Basically they have sent nothing other than what they sent to my CCA request. They are adding £310 per month interest and the amount is now well over £20,000 and rising. Do I reply, how do I respond ?, cheers Pez

[ScabHunter]

Re: Pezman's Diary

Wow, this lot really are away with the bloody fairies. An ICO complaint is now guaranteed, and it is a pound to a penny that this will also end up with the Fobbing Off Service. All the while, they have no chance of receiving another penny without risking court as this is unenforceable.

It is worth pointing out that if you have received exactly the same documents from SAR as from CCA request, that is useful corroboratory evidence that they only hold an unenforceable agreement. ReCONS may satisfy CCA requests, but the DPA, if properly complied with, should reveal what they actually hold on you.

You could complain to the ICO and then send this -

Our Templates | Unenforceability Templates | Creditor Refusal of SAR

or you could adapt the letter slightly to give them one more chance to comply first.

If they don't want you to have the information to which you are entitled, there must be a reason. They are just digging an ever deeper hole for themselves.

SH

[vint1954]

Re: Pezman's Diary

I would be inclined to send the letter as it is.

Send a copy of your original SAR with this letter.

Also, now is the time to officially complain to the IOC as Scabhunter has said.

[pezman65]

Re: Pezman's Diary

I would be inclined to send the letter as it is.

Send a copy of your original SAR with this letter.

Also, now is the time to officially complain to the IOC as Scabhunter has said.

Thanks for the reply guys, is there a template for a complaint , if not where can I get any info needed re a complaint, cheers Pez

[pezman65]

Re: Pezman's Diary

Wow, this lot really are away with the bloody fairies. An ICO complaint is now guaranteed, and it is a pound to a penny that this will also end up with the Fobbing Off Service. All the while, they have no chance of receiving another penny without risking court as this is unenforceable.

It is worth pointing out that if you have received exactly the same documents from SAR as from CCA request, that is useful corroboratory evidence that they only hold an unenforceable agreement. ReCONS may satisfy CCA requests, but the DPA, if properly complied with, should reveal what they actually hold on you.

You could complain to the ICO and then send this -

Our Templates | Unenforceability Templates | Creditor Refusal of SAR

or you could adapt the letter slightly to give them one more chance to comply first.

If they don't want you to have the information to which you are entitled, there must be a reason. They are just digging an ever deeper hole for themselves.

SH

Thanks SC, will do, cheers

[SXGuy]

Re: Pezman's Diary

Its shocking that these guys are allowed to make an 1800 quid balance in to 22k by way of interest over 12 years, this simply should not be allowed!!!

[vint1954]

Re: Pezman's Diary

Thanks for the reply guys, is there a template for a complaint , if not where can I get any info needed re a complaint, cheers Pez

Have a look on the IOC website in the first instance. That should lead you through the process.

If you have further problems, I would be inclined to PM Priorty1

[pezman65]

Re: Pezman's Diary

Have a look on the IOC website in the first instance. That should lead you through the process.

If you have further problems, I would be inclined to PM Priorty1

Just realised I dont know what IOC stands for, who are they, cheers Pez

[vint1954]

Re: Pezman's Diary

Just realised I dont know what IOC stands for, who are they, cheers Pez

Sorry Pez, it's ICO. Information Commissioners office.

http://www.ico.gov.uk/complaints/get...in_direct.aspx

[pezman65]

Re: Pezman's Diary

Sorry Pez, it's ICO. Information Commissioners office.

http://www.ico.gov.uk/complaints/get...in_direct.aspx

Hi Vint1954, Thanks for that. I have been onto the site and they suggest that I send Paragon another letter template as follows, I will need to adjust the wording but what do you think? or should I go straight to a complaint, thanks Pez


[Your full address]
[Phone number]
[The date]

[Name and address of the organisation]
[Reference number (if provided within the initial response)]

Dear […]

Subject access request

Further to my letter of [date] in which I made a subject access request, I would now like you to revisit the way you handled my request.

I requested the following information:[List information]

I received a response from you on [date] from [name of person in the organisation responding]. I have attached a copy of both letters for your information. From the information you have provided and from my reading of the Information Commissioner’s Office website at Data Protection and Freedom of Information advice - ICO
, I suspect you have failed to disclose all the relevant information I requested.

I believe that I have not received all the data I am entitled to. I expected to receive any personal data relating to me that may be contained within the following:[List the records that you want the organisation to search and where they might be found, including any relevant dates, for example:

your personnel file;
emails between ‘A’ and ‘B’ (between 1/6/11 and 1/9/11);
your medical records (between 2006 & 2009) held by Dr ‘C’ at ‘D’ hospital;
CCTV camera situated at (‘E’ location) on 23/5/12 between 11am and 5pm;
copies of statements (between 2006 & 2009) held in account number xxxxx).]
If you have withheld any information relating to me I would be grateful if you would confirm this and tell me why you consider it appropriate to do so.

If there is anything further you can do to resolve this matter, or further information you can provide, please do so.

As the statutory time limit for responding to my subject access request (40 days) has now expired, I would be grateful if you could provide this information within 14 days.

I must advise you that if I do not receive a satisfactory response from you, I will submit a ‘request for assessment’ to the Information Commissioner’s Office (ICO).

You can find advice on the ICO’s website on how to deal with a subject access request [ico.gov.uk/sar] and information on their powers and the action they can take [ico.gov.uk/action] or call them on 0303 123 1113.

*If there is anything you would like to discuss, please contact me on the following [telephone number].

Yours sincerely
[Signature]

*optional

[jon1965]

Re: Pezman's Diary

Pez
Sorry to sound thick but are Paragon the original owners of the debt, has it never been sold on?