deep breath here goes!!!!!!!!

RAS

Very busy here. You need to get this off today.

Have you told OH about this situation? He needs to know as he needs to sign this letter. It will allow you to get the two documents that Pheonix need to prove the case in court, if it goes that far.

Have to go again.

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.

suicidal

Thank you Ras, just done the letter.

Is there anything i can do with the other two debts before they can as far as this one ?

suicidal

sorry for bumping

RAS

Hi

Please can you tell me if you OH knows what is happening. Do you understand that if he is made bankrupt, this will affect his credit rating for life and could affect his ability to do business if he is a sole trader?

It is he who needs to fight the BR petition. You cannot do that for him. If he does not defend the action, they will win by default.

You appear to have some recent letters that had not been opened and you were managing properly until a year or so ago? Do any of them contain default or termination letters for any of these three accounts?

If so, we can check that they have done the paperwork properly.

An given how long ago these cards were opened, have you requested the CCA for the other two accounts?

You talk about a mortgage? Do you have equity in the house? My guess is yes because 1st credit are gunning for you, but it would help to know.

suicidal

Just an update, everything out in the open, Pheonix again knocked this morning but I didnt answer this time ( i know coward). Anyway from when i sent the letter to them with the cheque enclose and sent in recorded delivery I still have not heard anything apart from the knock which the origianal letter said he would call again on this date, just checked the bank and the cheque has not been cashed.
Should I write again do you think ?

much appreciated everyone

Katy83

Just read through this and bumping it up for you - hopefully someone who can give proper advice will be along soon.

xx

RAS

suicidal wrote: »

Just an update, everything out in the open, Pheonix again knocked this morning but I didnt answer this time ( i know coward). Anyway from when i sent the letter to them with the cheque enclose and sent in recorded delivery I still have not heard anything apart from the knock which the origianal letter said he would call again on this date, just checked the bank and the cheque has not been cashed.
Should I write again do you think ?

much appreciated everyone

Hi

Firstly, have your checked that the letter has been signed for? If so, then the 40 days counts from the date it was received, irrespective of whether the cheque has been signed.

Secondly have either of you taken advice from one of the debt charities as it is getting increasingly important that you do so, quickly.

powsuzy

Oh my gosh - I'm in exactly the same position.... I received a Stat Demand dated 1st June but it had never been opened as it was not received in the post just pushed through the door and was not postmarked or stamped. I only found it after Phoenix called. The letter I have from Phoenix states that they called to issue me with a Bankruptcy Order (Letter Title is Bankruptcy Petition - 1st September 2009) the date they called was 24th September - and that as I wasn't in - they will be calling again on 7th October at 10.00am in order to affect service of the Bankruptcy Petition.

The debt is with 1st Credit (Citi Credit Card) £3822.25 - but the account is with Connaught Collections. Following the visit from Phoenix - I contacted the National Debtline - wrote a personal budget and wrote with an offer of payment of £120 per month.

They sent me a letter dated 1st October 2009 saying that my proposal was unacceptable and that they advised me that they are seeking the full debt balance in addition to any costs incurred. The title of the letter was 1st Credit Ltd - Citifinancial Outstanding Debt - £3822.25.

I contacted them again on 3rd October (the day I received the letter) to say that I could get a lump sum and could pay £3000. They informed me that they could not take any payments on my account and that I would have to contact Moorhead James Solicitors who were now handling my case.

I contacted Moorhead James on Monday 5th October and e-mailed them with an offer of £3000.00 in full and final settlement (template letter from National Debtline).

They have now e-mailed me back to reject the offer as follows:-
We refer to your email to the writer of 5 October 2009 upon which we have taken our client’s instructions.

Regrettably, your offer is rejected.

May we remind you that the sum for which you are indebted to our client which remains the subject of these proceedings is £3,822.25. You are also responsible for payment of the petitioning creditor’s costs which currently stand at £1,882. However, this is subject to change as the matter progresses.

Therefore, in total, the amount currently due from you is £5,704.25.

Payment may be made directly into this firm’s client account, the details of which are as follows:

Following this a minute later I received another e-mail as follows:-

WITHOUT PREJUDICE

Dear Madam

We refer to the above matter and your email of 5 October 2009.

As you are aware, the sum currently due and owing from you is £5,704.25.

However, in order to bring this matter to a swift conclusion, the petitioning creditor will accept the sum of £5,000 in full and final settlement of the debt and costs due under petition number 185 of 2009. This offer remains open for acceptance until 4pm on 9 October 2009. This offer is final and non negotiable and, if accepted, payment must be made no later than 4pm on 16 October 2009.

The National Debtline advised me to bring the debt below £750 if possible to avoid bankruptcy - however - neither Connaught or Moorhead James will take any form of payment from me.

I have found an old letter with details of Connaught's Account and the reference number for the original debt - so I am paying £3200.00 into that account - via Bank Transfer - in
the morning.

Will I still be responsible for all the other costs? And therefore will they continue to make me bankrupt? Any help and information/advice would be gratefully appreciated.

powsuzy

sorry for bumping x

suicidal

Hi, just an update on the letter in reply to Phoenix claims consultants.


"We refer to your letter requesting information pursuant to the date protection act 1998We can confirm that phoenix claims lts are our agents. We are instructed in this matter by Moorhead James LLP, for the purpose of serving you with a bankruptcy petition. For the avoidence of doubt we are not an angency instructed to collect any outstanding debt you may or may not have with 1st credit ltd.

Given the above, the information we hold in respect to this matter is subject to legal proffessional privileged and is excempt under section 10 of schedule 7 of the act."


They have also returned the £10.00 cheque i sent them, what does this mean and what should we do now ??

Many thanks