Can I have some letter help please?

TinkyWinky_2

I'm writing to BCW... AGAIN

They won't respond to my letters about my debt with them which has been satisfied and overpaid. I need to know if there are any precise legal bits and bobs I can quote to them to get them to aknowledge me. Things like if they're obliged legally to respond to me with the details I'm asking for and who exactly I'll be complaining to if they don't. I am quite rubbish at knowing the ins and outs!

Any help would be much appreciated.

GeorgeUK

Right, from what i can gather from your other posts, this debt has been paid off and possibly overpaid. If the account is no longer active, they do not need to provide a copy of the CCA so that's not any use here.

I suggest doing a subject access request (SAR). This will cost £10 (the maximum they can charge) but they will be required under the Data Protection Act to provide you with all information they hold on you within 40 days. I've done a bit of amending to the usual SAR we send, but think i've covered everything)

SUBJECT ACCESS REQUEST UNDER THE DATA PROTECTION ACT

Dear Sir/ Madam

Further to my letter of xx/xx/xx, having had no response from you on the topics raised, I now require a copy of all information your company hold on me including account statements and details of payments.

Under the Data Protection Act 1984 and 1998, and including the right of subject access under these acts, I hereby request that you supply me with any and all historical data in your possession which relates to me and am entitled to under section 7(1) of the Act.

Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other 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 business with you.

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.

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 or collected monies to which you were not entitled, then I shall be reclaiming them and also the enclosed £10 Data Protection Act subject access request fee.

Failure to comply with this request will be a breach of the Sixth Data Protection Principle and result in my notifying the Information Commissioner's Office. I shall then request the Data Protection Supervisor to undertake an assessment of the information you hold about me on my behalf with the possibility of seeking compensation in court for the distress caused.

Yours sincerely

(Land_of)_Maz

That's an ace letter George!!!!!!!

That'll do the job Tinky!!!!!!!!!

TinkyWinky_2

Wow George, that's scary!!

Just one more question... I live in Scotland, does all that cover the legal bits and bobs here too?

GeorgeUK

Yup - I'm in Scotland too. The DPA covers the UK - not just England.

http://www.scotland.gov.uk/library2/doc07/opsc-06.htm

TinkyWinky_2

Thankyou