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  • #46
    Re: amberashjess' UE Diary

    Dear Sirs


    Ref: xxxxxxxx


    Subject Access Request - S.7 Data Protection Act 1998


    Under the Data Protection Act 1984 and 1998, and including the right of subject access under these acts, I hereby request that you supply me with any and all historical data in your possession which, in any way appertains to me, including (but not exhaustively) a copy of the original signed executed agreement; statements of account; duplicate statements and/or printouts of all account transactions; all internal and external correspondence sent or received by you including memos, logs, notes, screen prints and transcripts; notes of manual interventions such as telephone attendants' notes, copies of stored telephone conversations, internal and external emails; any other information held on all types of media in any relevant filing system. If you have disclosed any information to a third party (with or without my express permission), will you please include details of this in your reply, along with notes of any legal action passed or pending (to include a true copy of default notices, court orders and the like).


    If you store any of the older records on microfiche, please be aware that the Information Commissioner deems this to be a relevant filing system under the Act. As such, any microfiche data must be sent to me in fully legible and comprehensible form.


    Where any information that you provide includes any charges, for example returned payments, late payment fees, and so forth, would you please advise your breakdown of actual costs (liquidated damages) incurred for each charge, and the Term or Condition on which you rely upon to claim such a charge. I also require that you forward, within the above mentioned time scale, a true copy of the Terms and Conditions that were in force at the time my account was opened, and any subsequent amendments to those Terms and Conditions.


    Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my business with you. If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.


    I enclose the statutory maximum fee of £10.00 to access ALL data held by you about myself. I am seeking all information regarding a loan, current account and credit card. You have 40 days in which to comply with this request.


    Yours faithfully,


    I was advised to do this on the legal beagles site to make it easy to get details. I sent this to the original creditor (co op) not lowells. I added in the last paragraph on seeking info on the loan etc as advised over there.

    Thank you, im just a worrier.

    Comment


    • #47
      Re: amberashjess' UE Diary

      Oh that's our template. All forums (and certain banned users) plagiarise our templates (they're the best you see).

      Ours is here -> http://www.all-about-debt.co.uk/old/...ypical-request
      I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

      If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

      Comment


      • #48
        Re: amberashjess' UE Diary

        Yes, this site is amazing. It's helped me so much. So it's okay I added the last bit about the loan and credit card?


        Just to add , the coop has kept my ten quid too!

        Thanks.
        Last edited by amberashjess; 13 February 2014, 10:10.

        Comment


        • #49
          Re: amberashjess' UE Diary

          Update

          Hi

          I have received an a large envelope today in response to my SAR to the coop. Inever followed up their requests for ID but it was still sent.

          They have sent two signed agreements that are photocopied and have my signature on. One is for the credit card and the other loan. I cant really read any of the words on it.

          Ialso got lots of statements for the credit card but nothing on the bank account in the SAR which is pain. I cant check when I last made a payment to the loan but the last payment on the statement was 4th Feb 08. They kept taking the money from my bank account even when I stopped using it a few months previously. I last used the cc in approx Dec 07? I will have to go through the reams of paper when I get a chance.


          The DCA has not contacted me yet, Im sure they will now!

          How should I proceednow ? Thank you for all your help so far. Im less anxious now because of the support of NID and all at aad.
          Last edited by amberashjess; 28 February 2014, 17:19.

          Comment


          • #50
            Re: amberashjess' UE Diary

            Scan the agreements and email them to Niddy webmaster@all-about-debt.co.uk

            Put your user name in the subject line.
            Let your smile change the world but don't let the world change your smile


            I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

            If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

            Comment


            • #51
              Re: amberashjess' UE Diary

              Ive sent you mail, Niddy. Thank you x

              Comment


              • #52
                Re: amberashjess' UE Diary

                Thanks - will catch up on all emails tonight as had a busy week
                I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                Comment


                • #53
                  Re: amberashjess' UE Diary

                  Looking at last payments both *might* already be SB
                  I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                  If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                  Comment


                  • #54
                    Re: amberashjess' UE Diary

                    Thank you. Look forward to hearing from you soon. I hope it is SB!

                    Comment


                    • #55
                      Re: amberashjess' UE Diary

                      Well I will be checking for UE - not SB as you've not sent me statements confirming last payments, have you.....
                      I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                      If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                      Comment


                      • #56
                        Re: amberashjess' UE Diary

                        Whoops, will do that now. Thanks. Done it now. Thank you.
                        Last edited by amberashjess; 3 March 2014, 12:56.

                        Comment


                        • #57
                          Re: amberashjess' UE Diary

                          I'll come back to you tonight and explain it to you / update you then.
                          I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                          If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                          Comment


                          • #58
                            Re: amberashjess' UE Diary

                            Originally posted by amberashjess View Post
                            Update

                            Hi

                            I have received an a large envelope today in response to my SAR to the coop. Inever followed up their requests for ID but it was still sent.

                            They have sent two signed agreements that are photocopied and have my signature on. One is for the credit card and the other loan. I cant really read any of the words on it.

                            Ialso got lots of statements for the credit card but nothing on the bank account in the SAR which is pain. I cant check when I last made a payment to the loan but the last payment on the statement was 4th Feb 08. They kept taking the money from my bank account even when I stopped using it a few months previously. I last used the cc in approx Dec 07? I will have to go through the reams of paper when I get a chance.


                            The DCA has not contacted me yet, Im sure they will now!

                            How should I proceednow ? Thank you for all your help so far. Im less anxious now because of the support of NID and all at aad.
                            Send the attached back to Lowell (just add your name, address and both account numbers) - send it recorded delivery.....

                            SB England - Amberashjess.doc

                            ^^^^^^ Attachment in word

                            Dear Sirs,

                            Statute Barred Account Numbers: 123456789 & 123456789

                            You have contacted me regarding the two accounts with the above reference numbers, which you claim is owed by me. I would point out that under the Limitation Act 1980 Section 5 "an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued".

                            I would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that
                            "it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period".

                            The last acknowledgement to either of these debts was made over six years ago and no further acknowledgement or payment has been made since that time. In fact the last payment made was definitely no later than November 2007.

                            Unless you can provide evidence of payment or written acknowledgement of liability from me in the relevant period under Section 5 of the Limitation Act, I suggest that you are no longer able to take any action against me to recover the alleged amounts claimed. The OFT Debt Collection Guidance states that:

                            "continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statue barred could amount to harassment."

                            I await your written confirmation that no further contact will be made concerning either of the above accounts with confirmation that this matter is now closed.
                            I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                            If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                            Comment


                            • #59
                              Re: amberashjess' UE Diary

                              Big virtual hug to Niddy for doing this for me. I will get it sent off when Im contacted. Only the bank account to go and that should be time barred too. So glad I found aad.

                              Comment


                              • #60
                                Re: amberashjess' UE Diary

                                Hi

                                I had a strange call from my sis today. 1st credit sent a letter with my name on it to her address. She lives a few miles away but has the same initials as me. It was for an old barclaycard that is years old and definately statute barred. I was accepted for a barclaycard platinum last year ffs! The letter also they will discount the debt by 95%. They want one hundred and odd quid instead of 2000or something. I've not seen the letter yet so can't say word for word yet what it says.
                                Any ideas? Should I ignore?

                                Thanks

                                Comment

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