Spector UE Diary

[Gerry Jemitus]

Re: Spector UE Diary

The standard template (if supplied) will just have generic wording and blank fields. The key bits won't be there. These are the date on the letter and the date for remedying the breach as well as the amount demanded. If they didn't give you at least 14 days plus extra time for service or if the amount demanded did not coincide with the amount in arrears or they asked for the full amount, the DN would be defective. You would only be able to make the point if you were in possession of the actual document. The database entry would be used by them to establish that a DN was issued and sent to you.

If the case goes to a hearing, the claimant would have to provide evidence to the court, if put to proof, of the date of the letter, the date of remedying the breach, the breach and the amount of arrears demanded as well as the total balance due. The only exception to this is where the debt is a fixed sum loan agreement which had come to an end, as the full amount would then be due and payable, and the default notice would then be of little relevance.

[Spector]

Re: Spector UE Diary

Thanks for the clarification BuzzyBee.

Hopefully I will find my copy sooner rather than later.

[BuzzyBee]

Re: Spector UE Diary

Thanks for that BuzzyBee.

So on the balance of probability they won't send it.

I'll carry on looking for my own copy but perhaps I can ask for the template and the database record of the day it was issued, if they don't provide it as a matter of course.

The standard template (if supplied) will just have generic wording and blank fields. The key bits won't be there. These are the date on the letter and the date for remedying the breach as well as the amount demanded. If they didn't give you at least 14 days plus extra time for service or if the amount demanded did not coincide with the amount in arrears or they asked for the full amount, the DN would be defective. You would only be able to make the point if you were in possession of the actual document. The database entry would be used by them to establish that a DN was issued and sent to you.

[Spector]

Re: Spector UE Diary

Thanks for that BuzzyBee.

So on the balance of probability they won't send it.

I'll carry on looking for my own copy but perhaps I can ask for the template and the database record of the day it was issued, if they don't provide it as a matter of course.

[BuzzyBee]

Re: Spector UE Diary

Thank you.

Hopefully the DN will turn up. I'd expect to receive the SAR package in the next couple of weeks.

DNs are not usually stored by most banks as individual documents, they are issued via mail merge using a template with variable fields that get filled in with each account holder's details in real time and sent straight to print without being saved as individual files either electronically or on hard copy. The best most banks can do is to send you a copy of their DN template letter and the database record of the day when it was issued.

[Spector]

Re: Spector UE Diary

Thank you.

Hopefully the DN will turn up. I'd expect to receive the SAR package in the next couple of weeks.

[Never-In-Doubt]

Re: Spector UE Diary

It could be argued a copy of the CCA is the banks data and not necessarily yours but still the provision to request a CCA falls under s.77-79 CCA. s.7 DPA relates to any personal data held about you (the data subject) but it does allow exemption for sensitive data / bank data hence they hide behind that.

We just suggest you do a SAR & a CCA - total = £11. At least then you get everything pretty much.

A DN should come in a SAR as it is a specific account function which generates contact (letter) hence it should be in there.

[Spector]

Re: Spector UE Diary

That's interesting.

A guy from the RBS SAR Team phoned me. He seemed to be trying to get me to limit my request. He told me then that they didn't have to provide the credit agreement but said he would send it if it was available. I didn't tell hims that I had done the S.78 request. I thought it might be interesting if he sent me something different.

I maintained that I wanted to him to send everything they had. He didn't mention the DN and I didn't think to ask specifically about it.

[Never-In-Doubt]

Re: Spector UE Diary

S.78 data is (allegedly) exempt from DPA s.7 usually as its technically not personal data - it's account data (even the application - really?).

I had that confirmed from THE ombudsman (that woman who's independent allegedly)...

Do I buy it! As Jo says....

Ho hum

[Joanna Connolly]

Re: Spector UE Diary

Thank you Joanna.

We'll wait and see but they have already tried to tell me that my credit agreement (which I have anyway now) is not considered personal data for the purposes of the Data Protection Act.

Nice try!

[Spector]

Re: Spector UE Diary

Thank you Joanna.

We'll wait and see but they have already tried to tell me that my credit agreement (which I have anyway now) is not considered personal data for the purposes of the Data Protection Act.

[Never-In-Doubt]

Re: Spector UE Diary

I will need to think about it a bit more.

Take a few years - that's what I'd do.....

[Spector]

Re: Spector UE Diary

Ok Niddy, thank you for your advice.

I will need to think about it a bit more.

[Joanna Connolly]

Re: Spector UE Diary

Thank you Joanna.

I'll keep searching for the DN but it may take some considerable time to unearth it.

I'm also waiting for the paperwork from my SAR request. Not sure if they will include a copy of the Default Notice in the package?

They should if they have it.

[Never-In-Doubt]

Re: Spector UE Diary

I'd seriously stop worrying and just go quiet now - if they make threats and start barking then let us know but avoid contact.

If necessary and to avoid hassle you can continue paying the £7 payments and live relatively stress free. However, we've seen (lots of times) similar on here where you pay the payment for years and then the DCA sells the account and before long the new DCA issues a claim - so really they've shafted you. That's why we suggest cessation of payments and save the funds to go towards any offer IF a claim is ever issued at a later date.