Start of my unenforceabilty journey

[nightwatch]

yes just sit back and enjoy your weekend, xx

[unicorndeva]

We have several chasing letters and texts from Link (these are the typical computer generated ones), on accounts which Niddy has deemed with unenforceable agreements. Do we just ignore these?

[The Tech Clerk]

Adjust to suit your case & send to ICO [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 ico.org.uk, 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: Adjust the items to your case:- 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 report this matter 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.org.uk/sar] and information on their powers and the action they can take [ico.org.uk/action] or call them on 0303 123 1113. Yours sincerely [Signature]

[unicorndeva]

Owned by NCO-Arrow/Capquest, originally Empire stores
Catalogue
Started in 1998
£1900
Last full payments were in 2010/11
Being paid on a DMP
Shown by Arrow as being satisfactory???

03/02/2018 - I have received the SAR back. It would appear that Kay & Co (who took over Empire stores) simply forwarded the SAR to Arrow and all I have in return is a load of monthly statements from them, no letters (which I know they have sent me as I have copies of them), just statements.
There is no record of a default notice from Arrow (but I am sure the account was defaulted by Kay & Co). So I am back to square 1 with how to get this account off my credit file.

Can anyone help?

[cymruambyth]

It’s good to read up and know what can happen but don’t try to force anything. Survival is a game when you need a good poker face as well as advice and the ability to wait. Good luck you will get guidance.

[unicorndeva]

Hi, I don’t think there is any hostility, it’s just that it’s difficult to answer questions which is why it has been recommended that you send a SAR request. When you get the paperwork you can see what action has or hasn’t been taken and then we can try to give helpful advice. A guessing game can lead to wrong help or false hope. Please keep posting.

Thank you and sorry... I'm just confused with all this and worried, plus I always try to work on the forearmed is forwarned scenario. SAR being posted tomorrow.

[cymruambyth]

Hi, I don’t think there is any hostility, it’s just that it’s difficult to answer questions which is why it has been recommended that you send a SAR request. When you get the paperwork you can see what action has or hasn’t been taken and then we can try to give helpful advice. A guessing game can lead to wrong help or false hope. Please keep posting.

[unicorndeva]

One step at a time



Instead of 'what if's, why not get on and issue the SAR to get a clearer picture of what has been issued?

Which is what I'm doing but wondered if anyone had answers to these questions in the meantime! I'm sorry but I'm sensing a bit of hostility here and apologise if I'm upsetting anyone but thought this was the place to ask questions?

[Still Waving]

Sort of but I'm asking for clarification. I really need this debt off my file which (if it was defaulted when it should have been) it would be off by now. But I am also wondering what the legalities behind registering defaults are (including timelines) and whether their use of ' Notice of Default Sums under the Consumer Credit Act 1974' for an unpaid charge is legal? I will be issuing a SAR but what if their was no default issued and if so, how do I get this account off my credit file (I have asked this before but have had no answer... just wondering if anyone knows).

One step at a time

it could be that Arrow have registered the account as an arrangement to pay and when you stopped paying they defaulted it, I think you may need to SAR the original creditor to see if they issued a default, if ththey did you can argue with the CRA's that it should of been registered within 6 months of that date

Instead of 'what if's, why not get on and issue the SAR to get a clearer picture of what has been issued?

[unicorndeva]

I suppose you are referring to Diana's Entry of 9th January 2018, 17:43



The SAR will show ALL the information that EMPIRE have Or don't have on their records. This will also be the only information available to Arrow which is what you need to know.
You may find that your paperwork is more complete (or incomplete) compared with the SAR!!

Sort of but I'm asking for clarification. I really need this debt off my file which (if it was defaulted when it should have been) it would be off by now. But I am also wondering what the legalities behind registering defaults are (including timelines) and whether their use of ' Notice of Default Sums under the Consumer Credit Act 1974' for an unpaid charge is legal? I will be issuing a SAR but what if their was no default issued and if so, how do I get this account off my credit file (I have asked this before but have had no answer... just wondering if anyone knows).

[Roger]

Sorry to be a pain but I have a couple of questions re: defaults.
1) Having looked back through my remaining paperwork for Empire Stores I have found a letter stating ' Notice of Default Sums under the Consumer Credit Act 1974' but it seems to relate to an unpaid fee charge. Can that be taken as a notice of default?

2) Do companies have to default an account that has gone into arrears prior to selling it on?

Just thought I would ask this prior to issuing a SAR.

Thanks for taking the time to answer so far

I suppose you are referring to Diana's Entry of 9th January 2018, 17:43

If no DN was issued/served before the account was terminated and subsequently assigned to a debt purchaser, then the Claimant (if a claim were to be issued) would have difficulty in enforcing the debt in court.

The SAR will show ALL the information that EMPIRE have Or don't have on their records. This will also be the only information available to Arrow which is what you need to know.
You may find that your paperwork is more complete (or incomplete) compared with the SAR!!

[unicorndeva]

Sorry to be a pain but I have a couple of questions re: defaults.
1) Having looked back through my remaining paperwork for Empire Stores I have found a letter stating ' Notice of Default Sums under the Consumer Credit Act 1974' but it seems to relate to an unpaid fee charge. Can that be taken as a notice of default?

2) Do companies have to default an account that has gone into arrears prior to selling it on?

Just thought I would ask this prior to issuing a SAR.

Thanks for taking the time to answer so far

[The Tech Clerk]

SAR request they have 40 days to respond if not contact the ICO

[unicorndeva]

it could be that Arrow have registered the account as an arrangement to pay and when you stopped paying they defaulted it, I think you may need to SAR the original creditor to see if they issued a default, if ththey did you can argue with the CRA's that it should of been registered within 6 months of that date

Thanks Nightwatch.

It was a catalogue company, Empire Stores. Do they have to respond to a SAR?

[nightwatch]

it could be that Arrow have registered the account as an arrangement to pay and when you stopped paying they defaulted it, I think you may need to SAR the original creditor to see if they issued a default, if ththey did you can argue with the CRA's that it should of been registered within 6 months of that date