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Who would you SAR? The insurer? Or the DCA?
Hannah_10
Posts: 1,774 Forumite
Just want to check I'm going the right way here...
A debt that I didn't know about appeared on my credit file. On making a couple of phone calls it turns out it was an old car insurance, for a car I don't have anymore at an address I don't live at anymore and was being paid off from the bank account of my ex-husband, who I don't speak to anymore, until he stopped it. All the while I was none the wiser, until by coincidence I sent for my credit files!
So anyway I got hold of the insurer and said this is what's happened, how about I clear it now off a debit card as it's only about £100. They said yeah, but they wont change the address on the account. In effect that means I can't pay it because my debit card is (rather obviously) at my correct address! So we hit impasse, three calls and then a letter later and I still can't get them to accept I moved!
This morning I had a letter from Westcot (at my new address I note) saying they're now instructed to collect and Experian have told them I might now live here. No !!!!!! Sherlock, I've tried to tell the insurer that four times!
I need to see the paper trail on this debt (not least because I want to keep the option open of chasing it back in the small claims court later, since it shouldn't have ever happened in the first place). That's gonna mean I need to SAR someone.
Should I SAR Westcot? Or the insurer?
Now, knowing that the insurer have the information I really want and that Westcot might not (things like when payments were made, if it's been defaulted etc) then SAR-ing said insurer would seem sensible... But they refuse to accept I moved house over a year ago and have either ignored or only acknowledged my last letter by passing me to a DCA! (Was signed for, of course).
Would SAR-ing Westcot, who have at least written to my real home, get me the data I need though?
What would you do?
A debt that I didn't know about appeared on my credit file. On making a couple of phone calls it turns out it was an old car insurance, for a car I don't have anymore at an address I don't live at anymore and was being paid off from the bank account of my ex-husband, who I don't speak to anymore, until he stopped it. All the while I was none the wiser, until by coincidence I sent for my credit files!
So anyway I got hold of the insurer and said this is what's happened, how about I clear it now off a debit card as it's only about £100. They said yeah, but they wont change the address on the account. In effect that means I can't pay it because my debit card is (rather obviously) at my correct address! So we hit impasse, three calls and then a letter later and I still can't get them to accept I moved!
This morning I had a letter from Westcot (at my new address I note) saying they're now instructed to collect and Experian have told them I might now live here. No !!!!!! Sherlock, I've tried to tell the insurer that four times!
I need to see the paper trail on this debt (not least because I want to keep the option open of chasing it back in the small claims court later, since it shouldn't have ever happened in the first place). That's gonna mean I need to SAR someone.
Should I SAR Westcot? Or the insurer?
Now, knowing that the insurer have the information I really want and that Westcot might not (things like when payments were made, if it's been defaulted etc) then SAR-ing said insurer would seem sensible... But they refuse to accept I moved house over a year ago and have either ignored or only acknowledged my last letter by passing me to a DCA! (Was signed for, of course).
Would SAR-ing Westcot, who have at least written to my real home, get me the data I need though?
What would you do?
I refuse to be afraid of the big bad wolf, spiders, or debt collection agencies; one of them's not real and the other two are powerless without my fear.
(Ok, one of them is powerless, spiders can be nasty.)
As of the last count I have cleared [STRIKE]23.16%[/STRIKE] 22.49% of my debt.
(Ok, one of them is powerless, spiders can be nasty.)
As of the last count I have cleared [STRIKE]23.16%[/STRIKE] 22.49% of my debt.
0
Comments
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For failing to update your address the insurance company is on the verge of breaking the data protection act, as the data is willingly out of date. Wescot simply do not have sufficient information on you to be worth SARing.
So I would SAR the insurance company, and even notify the ICO about it. Although consumer direct would probably get a quicker response that getting the weighty ICO to move on itAlthough no trees were harmed during the creation of this post, a large number of electrons were greatly inconvenienced.
There are two ways of constructing a software design: One way is to make it so simple that there are obviously no deficiencies, and the other way is to make it so complicated that there are no obvious deficiencies0 -
Just checking - ICO stands for the Information Commissioners Office? http://www.ico.gov.uk/I refuse to be afraid of the big bad wolf, spiders, or debt collection agencies; one of them's not real and the other two are powerless without my fear.
(Ok, one of them is powerless, spiders can be nasty.)
As of the last count I have cleared [STRIKE]23.16%[/STRIKE] 22.49% of my debt.
0 -
Yeah, they were setup on the back of the data protection act to enforce it.
The DPA has several principles, outlined here - http://www.ico.gov.uk/what_we_cover/data_protection/the_basics.aspx
As their information is not accurate, given you have gave a newer address and proof of it, they are in breach.
Consumer direct (Trading standards) & OFT, maybe worth been contacted for advice. After all you did offer to pay and they in one means refused and then sent a debt collector... not exactly fair.Although no trees were harmed during the creation of this post, a large number of electrons were greatly inconvenienced.
There are two ways of constructing a software design: One way is to make it so simple that there are obviously no deficiencies, and the other way is to make it so complicated that there are no obvious deficiencies0 -
Thanks again, will make use of the weekend to do some reading up and get some letters out on Monday.I refuse to be afraid of the big bad wolf, spiders, or debt collection agencies; one of them's not real and the other two are powerless without my fear.
(Ok, one of them is powerless, spiders can be nasty.)
As of the last count I have cleared [STRIKE]23.16%[/STRIKE] 22.49% of my debt.
0
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