Claiming back and CCA diary

kel123_2

Well we are finally trying to claim the charges and get a cca from our creditors.:T After reading up about it I compiled the letter below and used it as a template for all. Today 29th February 2008 we sent the letters which include 9 x £11 cheques and sent them 1st class recorded delivery to the following:

HBOS, credit card = £1643.39
HBOS, loan = £3012.27
Allied International Credit, credit card = £286.69
Lloyds Collections, loan = £13652.73
Lloyds TSB, Overdrafts = £4652.36
Lloyds TSB, credit card = £5414.45
Lloyds TSB, credit card = £12860.62
Asset Link Capital Ltd, loan = £11031.59
CL Finance, loan = £577.90

All figures as of 29th February 2008 and I guestamate more than 8K and less then 13k was added to the debts in the 12 months before we went on a DMP:mad:

I will keep you up to date with all events

The letter:

Name
Address

29th February 2008

Them
Address

Dear Sir or Madam,

Re. Account Number(s): %^&%^&%^&

I am writing to request a full and comprehensive list of all the Default charges for direct debits, unauthorised overdrafts, standing orders, late payments, going over my credit limit, penalty charges and interest charged above agreed rates, I have paid on the above account(s) over the last 6 years.

Please find enclosed a cheque for the maximum statutory charge of £10. If you are unable to provide this data, I will accept a copy of my statements going back six years; I understand that statements on their own are not covered by the Data Protection Act 1998, yet I’m not requesting the statements per se, but the charges, which I’m entitled to by Law. Please also include a current balance.

If you store any of the older records on microfiche, please be aware that the Information Commissioner deems this to be a relevant filing system under the act. As such, any microfiche data must be sent to me in fully legible and comprehensive form.

I look forward to your response within 40 days, as %^&%^& is obliged to reply under the Data Protection Act. If not I shall seek remedy from the Information Commissioner.

---

Also because you are working as a dept collection agency I have been advised to request a copy of the original signed Customer Credit Agreement and Terms and Conditions for this account. This in line with the Consumer Credit Act 1974 and I enclose the statutory £1 fee, again in line with said act.

I look forward to receiving your response within 12 days, as %^&%^&%^& is obliged to comply with this request under the Consumer Credit Act 1974. If not this account is unenforceable under the said act.

Yours faithfully

Fred Bloggs (signed over name)


Yes I know there are a few slight errors i.e. ‘If not this account is unenforceable under the said act.’ I don’t want them to move the debt on but slap them with particular parts of the act after 12 + postage days. I can really play thick if I want to, until needs arise.
Not too bad at poker either.

What’s my chances of success:

Cards and loan charges – 50:50
Current acc – got to wait until ?
Cca’s – 5 to 10% chance just being bloody minded and costing them money:rotfl: :rotfl:

P.s. I didn’t write the cheques someone else did (private loan LOL) so they cannot say I have more money to give to the DMP

stapeley

good luck !

kel123_2

7 out of 9 were recorded as delivered today (03/03/08) by Royalmail::beer:

HBOS, credit card = £1643.39
HBOS, loan = £3012.27
Lloyds Collections, loan = £13652.73
Lloyds TSB, Overdrafts = £4652.36
Lloyds TSB, credit card = £5414.45
Lloyds TSB, credit card = £12860.62
CL Finance, loan = £577.90

Cca date

03/03/08 + 12 working days + 2 days postage = 21/03/08

Charges date

03/03/08 + 40 working days + 2 days postage = 30/04/08

Would really have loved to inclued Saturdays and Sundays as working days because after all they phoned me on these days:mad: but I havn't:A

No delivery for:eek:

Asset Link Capital Ltd, loan = £11031.59
and
Allied International Credit, credit card = £286.69

Cannot wait to have some fun:rotfl: :rotfl: :rotfl:

kel123_2

The following have cashed £11 each:T :T :T

HBOS, credit card = £1643.39
HBOS, loan = £3012.27
Allied International Credit, credit card = £286.69

According to the royalmail Allied International Credit's letter has not been delivered yet, but they have cashed the cheque??? Fantastic insite.:rotfl:


More to come:shhh:

kel123_2

Well not a lot has happened we are now 12 + 1 day into it.

HBOS, credit card - got a letter today

Dear Mr XXX

Your request for information about your account: XXXXXXXXXXXX

I refer to your letter of 29th February 2008, as we do not have sufficient information to confirm all the detials required, we are currently unable to process your request.

In order to action this request, can you please provide us the following information

• The correct payment of ten pounds

We apologise for any inconvenience caused and enclose your priginal documentation. To enable me to deal with your request, please please return the attached together with the information requested as soon as possible

Yours sincerely


Lee Gilbert
Data Subject Access Request Team
Customer relations


No mention of a cca and they cashed the cheque 06/03/2008 Come to daddy:rotfl: :T :rotfl:

HBOS, loan - Cashed cheque 06/03/08 no correspondance

Lloyds Collections, loan - No correspondance

Lloyds TSB, Overdrafts - sent written terms and conditions (no cca requirements):T

Lloyds TSB, credit card - No correspondance

Lloyds TSB, credit card - No correspodance

CL Finance, loan - No correspondance

Asset link loan - Returned not at this address will repost next Tuesday:mad:

Allied International Credit, credit card - I put the wrong name on the request they have returned the original cheque I will repost next Tuesday:mad:


I will draft some letters out the week end ready for Tuesdays post;)


Kel
:easter:

fermi

Hmmm........ Do you remind HSBC that they've already had the money, or do you just let them default on the SAR after the 40 days?

I would write recorded del enclosing any proof of the payment. That way if you have to lodge a complaint for non-compliance, they can't use that mistake as a defence.

kel123_2

I think your correct fermi I will let them be aware of this and i'd love to be really sarcastic in the letter but I will be professional.

fermi

kel123 wrote: »

I think your correct fermi I will let them be aware of this and i'd love to be really sarcastic in the letter but I will be professional.

I know what you mean . But you are right; keep everything professional and polite so if you need to use it as evidence in a complaint then it reflects on you in the best way.

kel123_2

Well CL finance has sent the lot so to speak and hats off to them. the lowest but one creditor has supplied everything I requested, puts the others to shame:beer:

Futher bulitin later after i've posted a few things

kel123_2

This is the letter I sent to HBOS re: £10

26th March 2008

Lee Gilbert
Data Subject Access Request Team
Customer Relations
10 Carlton Street
Halifax
HX1 2AL

Your Ref: xxxxxxx

Acc No. xxxxxxxx

Re: request for £10 payment

With reference to your letter dated 19th March 2008 in which you requested £10, Your bank has already cashed the cheque which was enclosed with the original letter dated 29th February 2008 and signed on behalf of your bank on the 3rd March 2008. The cheque was cashed by yourselves on the 6th March 2008.

The letter is in no way misleading and it is clear that £10 was to pay for the request.

If you have any other problems in meeting your obligations please do not hesitate to contact me by letter.

Yours faithfully
:A

kel123_2

I have today sent out the second letter, none complience request for cca to

HBOS, credit card = £1643.39
HBOS, loan = £3012.27
Lloyds Collections, loan = £13652.73
Lloyds TSB, credit card = £5414.45
Lloyds TSB, credit card = £12860.62



26th March 2008

Notice of Default as per 19th March 2008

Under Chapter 39 Parts V and VI of the Consumer Credit Act 1974 – None compliance with a reasonable and lawful request to supply a true and original signed copy of the Customer Credit Agreement for account number xxxxxxxxx (original letter enclosed for your convenience, signed on behalf of your company on the 3rd March 2008)

xxxxx
xxxxx
xxxxxxxxx
xxxx
xxxxxx
xxxxxxxx

Following xxxxxxx's none compliance, as stated above, this account is now in Dispute. And as such is bound by legislation as laid down in the Consumer Credit Act 1974 (plus revisions) and the Data Protection Act 1980 (plus revisions). A none exclusive list of key sections is highlighted below for your perusal:

• No interest or penalties can be added to this account whilst it is in dispute
• You are not allowed to directly or indirectly request the payment of any monies whilst this account is in dispute
• Following a period of 30 calendar days from the default date, if you have not provided a true and original signed copy of the Customer Credit Agreement I am not obliged to pay any monies to you
• You are not allowed to communicate any of the information regarding this account or any personal information to any third party unless they have the rights to such information and only then with my written consent

Failure to follow any of the legislation laid down in the said acts will result in representations being made to the Office of Fair Trading and The Information Commissioner

This letter in no way excuses you from supplying the information requested in the first part of the attached original letter.

I await your response by the 19th April 2008



I have also received the charges for Lloyds overdraft and I have sent the Std letter to claim just over £1100:money:

I have also received the charges for one of the Lloyds cards I will work out what they owe and let you know.:money:


Getting a bit hectic - never been a good administrater but i'm trying:rotfl: :rotfl:


Kel...............LETS ROCK AND ROLL:easter_ba