Subject Access Request Query .

Percival_Pigglestick

I am new to the forum and would first like to say hello to everyone, all you fellow comrades fighting the good fight against these weasel dca's.

Anyway, to the point of the matter . I received a call from one of these - as i was later to find out - DCA's on Friday 8th June about my 'account' with them . The matter did not get very far , as naturally wary of talking to unknowns I donned my IQ of 10 disguise when asked to confirm my name and postcode . I said in the best dim witted voice I could muster that I want everyone to call me bob from bob the builder and wanted to know if they watched CBeebies too . Then I put the phone by the pc speaker and put some music on and told them to please wait as it was time for my milk and organic choco stars. Anyway, 10 minutes later when I'd returned after a beer they had hung up. So we didn't even get past them establishing they were speaking to the correct person.

So I did a Google search on this company - always best to know the enemy should they come calling again - and saw they were a debt collecting agency . Well, back in the mid 1990's I did have some problems with credit card repayments of which I managed to pay off most of them , but a couple I coundn't quite manage. I had 6 cc's, so was falling between too many stools really . But I never heard anymore from the ones I didn't pay ( 2 cards), not till friday and yesterday when I also received a letter from the same company asking for payment on one of these credit card debts. I haven't paid any amounts to these accounts since around 1996-97.

Well, I wasn't going to phone them up and try and talk bob the builder through any conversation they might want with me so I thought i'd do a little research instead , being totally ignorant on debt law , and as luck would have it .. found this website .

And much valuable information have I gleaned, thanks to your knowledgeable members . It would seem this debt is well and truly subject to the Limitation Act of 1980 . They will get a surprise when bob starts quoting section 30 of said act. Before he puts them on hold to get milkshakes and plays a few more tunes for them. I might download that nasty bob the builder tune from limewire if its on there, especially for them.

Anyway, I have the letter (almost) ready to go . I have included the cca and signed as true copy county court judgement request in the letter , it is this subject access request I am not too sure about. Should I also ask for this along with these other documents ?, and if so... how much should I make the postal order amount for ? The cca request is £1 , but i'm not sure what it is for the SAR. I am not even sure what information this sar would contain really..

Thanks for any information you may have )

yellowmonkey

Hi.
Not an expert on this but can I just say your username is one of the best i have seen.:T

Good luck

ym

Percival_Pigglestick

I read somewhere £10 was the maximum for a SAR. I'll just send them one of those. I'll write on the back of each postal order their intended use , one for the cca, other for the sar. Photocopy the front and back to keep . You never know with these types, they might try and work it so the postal orders are in lue of full payment and take it off my supposed balanced and say it is payment towards and therefore a reset of the 6 years .

But I am way past the 6 year mark anyway so even if they did try this it wouldn't compromise my protection under the limitations act. I am pleased in a way they did contact me over this old debt , it has been quite enlightening really, reading up on all this. Not only for educational purposes - it never does any harm knowing your rights - but as an eye opener as well in a way, in the shocking way these companies treat people , using fear and intimidation. People are protected from this kind of behaviour under the Protection from Harassment act 1997 , but they rely on you not knowing your rights, and so the old and the vulnerable will be targets . It's a disgrace.

Oh, this is no username, thanks thou ) . This is the 9th generation Piddlestick descended from the era of the great pirate pompous piddlestick pertweed the unpertubed , a fine buccaneer , a man of flair cunning and dash. He is up there with Nelson.... i'm surprised you haven't heard of him ?

pania

what a fantastic sense of humour. good for you!!

Percival_Pigglestick

I have had a thought thou, since they are contacting me and saying this debt is mine, and therefore they are admitting to be creditors or representatives of .. then once i have this SAR ( i have more knowledge of this sar now), then any of these current illegal overpayments that appear on this sar would render the 'debt' in dispute anyway whilst under forthcoming counter- litigation ? Since they have now broken their 6 year reason discorde and admitted liability ?

Percival_Pigglestick

They phoned again today . We didn't get far .

Caller : Good afternoon, I am calling from ******** , can i confirm you are Mr Percival Pigglestick ( ok they had my real name, not percival hehe)

Percival : Yes, that is correct, I am Percival Pigglestick

Caller : I am calling with regard to your acc ....

Percival : Stop Right there.

< presses this kitchen timer thingy start button so it makes a bleep they can hear .. i must get a real telephone recorder sometime soon ! >

Percival : Ok , go ahead , just had to switch the recorder on to keep a record of the conversation.

Caller : < Long Pause >

Caller : I am calling regarding your account with us , it is regarding the debt owing...

Percival : One moment .

Caller : <pause >

Percival : Ok , can I have your name please , your name and position in the company .

Caller : My name is Fiona

< At this point I almost started laughing, It was a guys voice on there , I dont know if he was winding me up about being called Fiona or was a transexual >

Percival : F i o n a , .. <as i wrote it into notepad >

Percival : Is that a Mr , Miss or Ms Fiona ? ... and Surname ?

Caller : why do you want my surname for ?

Percival : For my report to accompany the recording of this telephone conversation .

Caller : A report for what ?

Percival : A report to the office of fair trading , You have already contravened section 2.6a of the OFT debt collectance guideance , section 40 of the administration of justice act 1970 and section 1 of the protection from harassment act and you've only just started .

Percival : Your surname please .

Caller : < totally ignoring my request to provide a surname or position > I just need to ask you a few questions first . Do you acknowledge the debt of £****.** to **** bank ?

Percival : No, I don't , never heard of them .

Caller : So you are saying it is fraud, somebody has run this debt up in your name, that is what you are saying ?

Percival : No, I believe thats what you just said.

Caller : I don't believe you that you have no knowledge of this debt mr piddlesick.

Percival : I don't believe your name is fiona either .

Percival : And furthermore , your not making the correct security checks either, you've only been on the phone 5 minutes and what you've said constitutes illegal disclosure in contravention of the data protection act 1998 . You cannot establish identity just because i say i'm who you are asking for, you need to ask me a question only i would know . But here you insinuating I owe debt to, for all you know, anybody .


Caller : < some really fast mumble/talk about something they'll do to the account >

Caller : < Hangs up >


Never had so much fun in ages , looking forward to their next call