now what??

run_rabbit55

I had a debt with littlewoods which was passed on to lowell financial. I sent lowell a cca request about 16 days ago now. I read about getting a SAR request to see the charges on my account. Shall i do this now as the 12+1 days on the cca request is up? Also who do i sent a SAR request to littlewoods or lowells?

10past6

A CCA request is separate from a SAR

If you wish to make an SAR, use the template letter below, send it to whoever your paying at present, pay attention to point 13

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.

never-in-doubt

run_rabbit55 wrote: »

I had a debt with littlewoods which was passed on to lowell financial. I sent lowell a cca request about 16 days ago now. I read about getting a SAR request to see the charges on my account. Shall i do this now as the 12+1 days on the cca request is up? Also who do i sent a SAR request to littlewoods or lowells?

Do not SAR - in my opinion it's waste of £10. They are in default of your s.78 request meaning right now the debt is unenforceable until such time they comply and return your requested documents.

Go here, read page 1 - Unenforceability & Template Letters II

You need to send this letter: 2. CCA Reminder

edit - I posted this at the same time as 10past and is not meant to conflict with their advice.

10past6

never-in-doubt wrote: »

Do not SAR - in my opinion it's waste of £10

My personal opinion, I would SAR them, "If" they decide at any stage to commence litigation against you “should” they remain in default of your CCA request this will form part of your defence, however, should they comply with your CCA request, but YOU dispute any charges as per your SAR request, this will place the account in dispute until resolved, and therefore will prevent them obtaining a CCJ.

Never In Doubt & I are not in dispute just different opinions :beer:

never-in-doubt

10past6 wrote: »

My personal opinion, I would SAR them, "If" they decide at any stage to commence litigation against you “should” they remain in default of your CCA request this will form part of your defence, however, should they comply with your CCA request, but YOU dispute any charges as per your SAR request, this will place the account in dispute until resolved, and therefore will prevent them obtaining a CCJ.

Never In Doubt & I are not in dispute just different opinions :beer:

Hmmm, I see what you're saying regards to CCJ but it would be protected from CCJ under s.127(3) CCA1974 mate.

The agreement should be properly executed as defined in s.61(1) of the CCA 1974; meaning it can only be enforced by a court order under s.65, thus a court cannot enforce the agreement because s.127(3) says they can only enforce an agreement under s.65 if it has the debtors signature AND Prescribed Terms in the same document.

Now we both know this will get technical if we continue lol - shall we just agree on this one, do a SAR?

:rotfl::rotfl:

10past6

never-in-doubt wrote: »

Hmmm, I see what you're saying regards to CCJ but it would be protected from CCJ under s.127(3) CCA1974 mate

"If" they supply the required document and it complies to legislation, then they've completed there obligation, the account can still be disputed tho re any charges

To SAR or not to SAR, hummm :rotfl: