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  • 2013 ? just a !X! on line not a signature? was it taken out on line?
    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.

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    • Originally posted by The Tech Clerk View Post
      2013 ? just a !X! on line not a signature? was it taken out on line?
      Sorry not sure I understand. All accounts were taken out online and in 2013.

      Comment


      • that is the answer we need - a X not a signature! just for info
        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


        • Sorry still not getting it.

          Comment


          • on line not signed but substitute by a X (Cross) i.e. acceptance
            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


            • Originally posted by Strepsi View Post


              SAR request sent as advised by Di.
              Received 27th July from Bank of Scotland. Debt owned by PRA

              Dear Sir/Madam
              Mutual Customer : Mr
              Credit Card ending:

              RE: Request for information under the Data Protection Act 1998

              I refer to your letter regarding the receipt of copy statements for the above account.

              After further investigation, it appears the account has been charged off in 08/ 2014. This refers to the account having fallen into arrears and the customer ceasing to make further payments towards clearing the outstanding balance.

              Unfortunately, due to the charged off block being placed on the account, no further statements are available after [09/2014.

              I appreciate you require a full compliment of statements but as far as our records allow, this is what you have received.
              I hope this meets with your requirements.
              Yours Faithfully
              Card Operations


              What information should I have received, all I have received are statements and list of transactions. B of S have sent this without asking for 'ID', unlike Next and Sainsbury's.


              Comment


              • Originally posted by The Tech Clerk View Post
                on line not signed but substitute by a X (Cross) i.e. acceptance
                Ok, but how do I proceed, do I just sit on my hands until the next letter.

                Also how do you write letter advising that debt is UE as advised by Di?

                Comment


                • Which version of SAR request did you send?

                  Comment


                  • Originally posted by Still Waving View Post
                    Which version of SAR request did you send?
                    Subject Access Request - S.7 Data Protection Act 1998

                    Please supply me with a copy of all information your company hold on me including a list of accounts and details of payments along with copies of statements.

                    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 relates to me and that I am entitled to under section 7(1) of the Act.

                    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.

                    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.

                    For the avoidance of any and all doubt, I reiterate:
                    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 print outs of all account transactions; all internal and external correspondence sent or received by you including memo’s, 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 (microfiche included). 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).

                    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 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.

                    You should be fully aware of your statutory obligations under the Data Protection Act and that any failure to comply with this request will involve a complaint to the ICO as well as potential legal action. You have 30 days in which to comply with this request and note that this request has been sent Recorded Delivery so I can ensure compliance on these issues comply within the legislative time frames.

                    Comment


                    • That letter would have needed amendment as there is legislation superceding the 1998 DPA. Nevertheless, they should have provided all that the letter specifically asks for, including a copy of the original signed agreement and T&C's, correspondence, etc.

                      They appear not to have read past the first sentence.

                      Comment



                      • 19th March 2018, 22:40

                        Originally posted by Strepsi View Post
                        Type of Account: B of S cc
                        Date Commenced: /10/2013
                        Approx Balance: £1128
                        Date last paid: Approx beginning of 2016
                        Are you on arrangement to pay or not paying: Not paying
                        Status (Default/ in arrears/ up to date): Default
                        Account Owner (DCA or Lender): PRA Group

                        Re: CCA Reply received Bank of Scotland

                        Originally posted by Strepsi View Post
                        Re: request for information section 77 - 79 Consumer Credit Act 1974

                        Dear...

                        I am in receipt of your correspondence in relation to the above account and have requested the required information.

                        We will contact you to provide an update as soon as possible...
                        Dated 20th April 2017
                        PRA Group
                        Outstanding balance 1061.97
                        Original Creditor B of S

                        We are disappointed to see that you have failed to respond to our attempts to contact you regarding your outstanding debt.

                        Our account managers will now start a full investigation into your personal circumstances which will include some of the following...

                        We can only assist you if you get in touch with us. If we fail to hear from you within 14 days of the date of this letter, this will leave us no alternative but to consider what action would be appropriate to collect this debt in full.

                        Letter received 21/06/2017 PRA GROUP

                        I refer to your request for copy documentation regarding the above account.

                        Please find enclosed documentation received to date; we are awaiting further documents inorder to complete your request. We have currently deemed this debt as unenforceable which means we are not able to take court of further enforcement action...

                        Please be advised that this does not mean that your debt has been written off, despite being unenforceable, we are still legally entitled to:
                        * Contact you and ask you to pay what you owe
                        * Pass your details onto a third party collection agency.

                        If we obtain information in the future we will of course provide this to you immediately.




                        PRA GROUP 15/3/2017
                        In order to comply with our obligations under the Consumer Credit Act 1974, we are providing you with this statement of your account - ..........

                        Still no credit agreement?!


                        22nd June 2018, 11:11

                        Originally posted by Strepsi View Post


                        PRA GROUP 15/3/2017
                        In order to comply with our obligations under the Consumer Credit Act 1974, we are providing you with this statement of your account - ..........

                        Still no credit agreement?!




                        I have received information that am a little confused by. Going to email for clarification.

                        Cheers


                        Originally posted by Still Waving View Post
                        That letter would have needed amendment as there is legislation superceding the 1998 DPA. Nevertheless, they should have provided all that the letter specifically asks for, including a copy of the original signed agreement and T&C's, correspondence, etc.

                        They appear not to have read past the first sentence.
                        Did I use the incorrect template from this site, what actually does information or lack of mean for me, currently classed as UE by account owner.

                        Comment


                        • Originally posted by Strepsi View Post

                          Ok, but how do I proceed, do I just sit on my hands until the next letter.

                          Also how do you write letter advising that debt is UE as advised by Di?
                          Well the obvious action is to send a SWID to Lowell . I wouldn't be specific either about which CCA, Don't do DCA's work for them.
                          Creation sold them a pup!

                          https://www.all-about-debt.co.uk/for...%20Dispute.doc
                          Last edited by Roger; 27 July 2018, 13:32.

                          Comment


                          • Originally posted by Roger View Post
                            Well the obvious action is to send a SWID to Lowell . I wouldn't be specific either about which CCA, Don't do DCA's work for them.
                            Creation sold them a pup!


                            https://www.all-about-debt.co.uk/for...%20Dispute.doc
                            So send SWID letters to two of the accounts....in template it mentions original creditor, do I leave blank?

                            Comment


                            • Originally posted by Strepsi View Post

                              Did I use the incorrect template from this site, what actually does information or lack of mean for me, currently classed as UE by account owner.
                              Any reference to the DPA throughout that letter needs to be amended to reflect the GDPR 2018 legislation, but apart from that I like it as it is a comprehensive request. The lack of information supplied means that they have not fully complied with their obligations, but that has no effect on UE or otherwise.

                              You can read Niddy's info on the new legislation here https://www.all-about-debt.co.uk/for...18#post1510818

                              which includes a suggested letter of request.

                              You could perhaps send this new letter template to BoS, inserting a first para referring to their letter dated xx/xx/xx, and pointing out that they have not fullfilled their obligations. The rest of the letter asks for everything they hold about you.

                              Comment


                              • Originally posted by Strepsi View Post

                                So send SWID letters to two of the accounts....in template it mentions original creditor, do I leave blank?
                                Whomever you sent the Original s.77/78 to.
                                The point is not going into details about why it was in dispute.
                                As DI pointed out UE you are not going into details the Original Creditor knew it was UE!
                                After this goes out SILENCE!

                                Comment

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