DPA - Late information

rog2

I hope one of the legal brains is lurking, and can offer me some advice:

This follows the problems that I had experienced on car finance, culminating in the repossession of my car, despite my efforts to find an alternative solution with BH, and the issue, four months later of a demand for a further £1,700.00.

I requested information, from Black Horse, in June, under the DPA, using the template letter from DPA website, and enclosing £10 Postal Order.
After 40 days, I had received no information, and wrote to BH, with copy to all the BH addresses I had.
Lo and Behold, 5 days later, I received a letter, containing 'account diary' and 'meaningless' (to me) other bits of info. This was followed, five days later, with a 'statement of the account'
My questions are:

1. Does the fact that BH did not provide me with requested information until after the 40 day period, as stated on DPA info, have any bearing on my case/claim?

2. I am not happy with the supplied 'account diary' for following reasons:
a. The 'diary' does not mention the fact that I had telephoned them when I could see that I was getting into problems. I spoke to a man in Scottish Office, who offered me several options, but these were dismissed, out of and, by the woman from the Welsh office, who contacted me, yet no record on'diary'.
b. The only contact telephone number I had, was 0870 - I asked for geographical number, but was repeatedly told that only 0870 numbers in use. To be totally fair, I was at one stage, given a geographical number, but it did not work. No mention of this in 'diary'.
c. I was being telephoned at all hours, even though I asked not to call, and to keep it in writing. 'Diary' states OK to call at home and office???? I was, at the stage, unaware of OFT.
d. 'Diary' full of strange comments - for instance, they mark it as 'odd' that calls to my office went to an answerphone ( I was not there for goodness sake!)
Not to dwell too much on specifics, this 'diary' appears, to me, to include only 'cherry-picked' parts of conversations, which work to BH advantage to show me up as the villain of the piece.

3. The time between repossession of the vehicle, and the date they wrote to me with the demand fo £1700 was over four months. According to their 'diary' they did not sell the car for over two months (natural depreciation would have been almost the amount claimed. On their OWN website, BH sell cars directly to the public, and there have been several cars, of the same make, model and mileage as mine, which they have sold at a higher price than what they tell me they got for mine.

4. There are, on the account, added charges, which simply refer to things like 'collection activity' (this is apart from the £250 charge for repo man) and ledger adjustment. Can I query these charges.

It would appear, to me, that BH took absolutely no notice of my original request for information (the £10.00 shows up as a payment from me, towards the balance due). In spite of asking, in my letter, that any further communication be in writing only, the 'diary' shows that they telephoned my home, and spoke to my wife, only 5 days after receiving my letter.

Finally, although I had asked them to suspend any further action until I received the requested info, they sent three letters, on Nationwide Recovery Ltd. (Debt Collection), which I assume is part of BH because the address on their letterhead is the same address as the BH Compliance Section, who sent me the DPA info.

I am sorry if I am rambling, but the whole affair is making me totally depressed. I had not envisaged the downturn in business, when I originally took out the finance, but I did expect that if I did experience problems, I would have received more help from Black Horse.

Can anyone advise me on my best course of action, please.

rog2

Sorry for bumping, but can any of the 'evening shift' offer any advice, please?
I feel that I have been poorly treated by BH, that they were prepared to ignore DPA deadlines and that they have flounted OFT guidelines.
I feel that, even if I could afford it, the £1,700 is excessive, and looks like an arbitrary figure, plucked out of the air, with costs added, to justify the amount.

lynzpower

I did have a look at this earlier, meant to reply and got way-laid :rolleyes:

Right, my feeling is this.

requested information, from Black Horse, in June, under the DPA, using the template letter from DPA website, and enclosing £10 Postal Order.
After 40 days, I had received no information, and wrote to BH, with copy to all the BH addresses I had. SO THEY BROKE THE TERMS OF THE DATA PROTECTION ACT, LET THE INFORMATION COMMISSIONER KNOW. I believe theres an email form
Lo and Behold, 5 days later, I received a letter, containing 'account diary' and 'meaningless' (to me) other bits of info. This was followed, five days later, with a 'statement of the account'
My questions are:

1. Does the fact that BH did not provide me with requested information until after the 40 day period, as stated on DPA info, have any bearing on my case/claim? ( YES AS ABOVE)

2. I am not happy with the supplied 'account diary' for following reasons:
a. The 'diary' does not mention the fact that I had telephoned them when I could see that I was getting into problems. I spoke to a man in Scottish Office, who offered me several options, but these were dismissed, out of and, by the woman from the Welsh office, who contacted me, yet no record on'diary'. ( WHY IS THIS RELEVENT, YOUVE ASKED FOR A LIST OF CHARGES, NOT ALL ACTIVITY
b. The only contact telephone number I had, was 0870 - I asked for geographical number, but was repeatedly told that only 0870 numbers in use. To be totally fair, I was at one stage, given a geographical number, but it did not work. No mention of this in 'diary'. ( AGAIN I DONT THINK THIS IS RELEVANT TO YOUR CLAIM)

c. I was being telephoned at all hours, even though I asked not to call, and to keep it in writing. 'Diary' states OK to call at home and office???? I was, at the stage, unaware of OFT. ( AGAIN IS THIS RELEVANT TO YOUR CLAIM)
d. 'Diary' full of strange comments - for instance, they mark it as 'odd' that calls to my office went to an answerphone ( I was not there for goodness sake!)
Not to dwell too much on specifics, this 'diary' appears, to me, to include only 'cherry-picked' parts of conversations, which work to BH advantage to show me up as the villain of the piece. ( as youd expect, they are a financial firm at the end of the day

3. The time between repossession of the vehicle, and the date they wrote to me with the demand fo £1700 was over four months. According to their 'diary' they did not sell the car for over two months (natural depreciation would have been almost the amount claimed. On their OWN website, BH sell cars directly to the public, and there have been several cars, of the same make, model and mileage as mine, which they have sold at a higher price than what they tell me they got for mine. ( OK, so you are disputing what they got for your car, is that right)
4. There are, on the account, added charges, which simply refer to things like 'collection activity' (this is apart from the £250 charge for repo man) and ledger adjustment. Can I query these charges. ( YES

It would appear, to me, that BH took absolutely no notice of my original request for information (the £10.00 shows up as a payment from me, towards the balance due).( report this to the IC as above) In spite of asking, in my letter, that any further communication be in writing only, the 'diary' shows that they telephoned my home, and spoke to my wife, only 5 days after receiving my letter.

Finally, although I had asked them to suspend any further action until I received the requested info, they sent three letters, on Nationwide Recovery Ltd. (Debt Collection), which I assume is part of BH because the address on their letterhead is the same address as the BH Compliance Section, who sent me the DPA info.

I am sorry if I am rambling, but the whole affair is making me totally depressed. I had not envisaged the downturn in business, when I originally took out the finance, but I did expect that if I did experience problems, I would have received more help from Black Horse.

Im not 100% what you are trying to achieve with the SAR here - is it to claim back unfair charges?

rog2

Thanks Lynzpower - yes, I suppose that, with the stress that this whole affair has put on me, it is sometimes difficult to see what is and what is not relevant to my case.
I will send the form to the information commissioner, and, having read your advice, it will be a lot easier, as I won't 'flower it out'.
I did, in fact, ask for a copy of ALL information, they held on me.
I am not really sure as to whether to dispute the amount they got for the car - I think, rather, that I am just extremely unhappy with the fact that whereas I was initially told that I could consider voluntary return of vehicle, later denied by another person, who said that any return would be treated as a repossession. I did not fight the repo - and assumed that that would be the end of the matter. It hurts, just now, because by repossessing the car, they have, effectively, made it very difficult for me to continue working, as my customers are spread all over UK.
Approx £800.00, of the £1,700.00, claimed by BH, is in charges, this seems high.
I do feel that the price they got for the car was low, but they will, I assume, argue that this was the trade price as car was sold at auction.
I just feel that they have treated me badly, and that coming back for a further £1,700.00 (which I can't afford) was just 'rubbing salt into the wound' and, in my opinion, this amount is not justified.

rog2

Sorry to be a pain - I am looking for some advice again:o

I sent my letter to Information Commissioner, as advised, and I expect I will get an answer in due course.
However, I received a letter, dated 25th August, from Black Horse stating:

'Dear Sir,

Thank you for your recent letter [I assume that this referred to the letter I sent asking why I had not received information requested under DPA]which has been brought to my attention.

I am currently investigating the points you have raised and will arrange for you to be contacted by the 11th September 2006.

Yours Sincerely

D. J.
Complaints Analyst

I thought that at last they were taking my complaint seriously and I settled back to wait for the promised contact.

This morning (Saturday 9th September) I received a letter from Mackenzie Hall, Debt Recovery stating that they have been instructed, by Black Horse, to recover the full amount, and that they have been informed by their client that Black Horse are unaware of any legitimate reason for non payment of the account.

It does, I am afraid, make me see red:mad: :mad: :mad: - on one hand Black Horse are telling me that they are investigating my complaint and will be contacting me by 12th September (Monday next) and on the other hand they are handing the disputed debt to a DCA.

Any suggestions please - Thanks in advance.