Even More desperate now help !!!

AMBERSHADOW

I have linked this post to my last thread as I feel the back ground should be read if you have not read before you can find it here


I got some very good advice but on me sending the cca request they are telling me that they Don't have to supply this document as it's already a ccj Now if I send for a suject to access and send 10.00 will I ge that?

Also we are applying to get this set asside as we know nothing about it..

AMBERSHADOW

Anyone? Please

AMBERSHADOW

Rog2, fermi. or ras please

thefoolonthehill

Hi Amber

have read through your previous post. Unfortunately i am no expert. Have you spoken to CCCS? Iw ould get on the phone to my local CAB and go through the story with them.

I think them saying they dont have to produce the CCA is a load of turkish delight. I think they are trying to bully you into accepting what they say.

hopefully someone can advise better than me

AMBERSHADOW

Yes I thought that too as I was advised by rog2 that they have to supply it I am now requesting a subject to access as I will be going to apply for this to be set aside as we know nothing or who this is for

They say in the letter they have asked for this But don't have to supply the cca as its a ccj which I understand but when you know nothing about the ccj or a the restriction to the house I think we are entittled to find out who and what it's for so when we do go to court we have some idea

RAS

Hi

Once court action is started, according to 10past6 a CCA request is useless.

You need to do a Subject Access Request. Will try and find 10past6's letter as this has extra info which enables you to request what you need.

But this will have to be later.

AMBERSHADOW

Thank you Ras very much..

RAS

This is 10past6's beefed up SAR


Data Protection Act 1998 Subject Access Request


Dear Sir/Madam

Account number: xxxxxxxx

Please send me the information which I am entitled to under section 7(1) of the Data Protection Act 1998 in relation to detailed occurrences relating to the account Numbers xxxxxxxx and xxxxxxxx-x

The following is by no means an exhaustive list but in the main this is what I require.

Please supply me with a complete list of transactions and charges relating to ALL accounting history with your organisation.

Additionally, all records you hold on me relevant to the above accounts, including but not limited to:

1. A transcript of all transactions, including charges, fees, interest, repayments and payments and both the original amount of the loan and any repayments made to the account.

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company

3. Where there has been any event in my account history over this period which has required manual intervention by any 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 account. 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

4. True copies of any notice of assignment and/or default notice or enforcement notices that you may have sent to me, with a copy of any proof of postage that you hold.

5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted.

6. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

7. Specific details of the fees/charges levied by any other agency in respect of these accounts and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

8. A genuine copy of any deed of assignment, or proof that you have a legal right to this money.

9. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

10. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

11. A copy of all account statements for the duration of the agreement.

12. Please would you also advise me of the logic involved in any automated decisions taken by you about me pursuant to section 7(1) (d) of the Data Protection Act 1998.

13. A True copy of the consumer credit agreement section 77-79 of the Consumer Credit Act of 1974.

Any other information relating to the account.

I enclose the statutory maximum fee of £10. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties against me, I shall be reclaiming them, and reclaiming the enclosed £10 Data Protection Act subject access request fee.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have found to be acceptable.

Send registered post.

AMBERSHADOW

Thank you Thank you Ras

AMBERSHADOW

Now they have to send don't they? as I am applying to have this set aside But can't until I know who and what this is and if its statue barred or was until the ccj which we know nothing about ot the charging order they got too

RAS

They have to send every last scrap of information they have about you.

It will probably come in dribs and drabs. They have 40 days to comply.

Get the redetermination request in now as it could be some time before you get a court date.