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Lowel / Barclaycard Default Removal - No Response?
Hi, I guess I’m pretty new to the forum and I haven’t posted much but it’s been an invaluable resource nether the less. Anyway onto my problem – I recently put a SAR request in to LOWEL financial who had defaulted me on a Barclaycard in 2002/3, the account is now ‘satisfied’ but the default is hampering me massively.
I posted the SAR letter asking them to validate the default with a £1 cheque to them on the 06/07 and they cashed it on the 13/07.
I Still hadn’t heard anything by the 23rd so I send them a nudge letter informing them that the 14 day deadline had expired and that they had until the 8th of august before the were in breach of the SAR (is this right?).
Now its past the 8th and I still haven’t heard anything and I’m a bit stuck as to what to do now – I considered ringing them to see what was going on but from reading around here its best to deal with these things in the post. Basically I need advise on where to go from here!
... out... in... out... I'm shaking it all about...
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11,407
Re: Lowel / Barclaycard Default Removal - No Response?
Hi dlt1984 and welcome to the forums.
I'm confused by your post as you mention a S.A.R. request, but then go on to say you've sent them £1 and it looks like you've given them 14 days to respond. Does this mean you sent a CCA 1974 request and not a S.A.R. request under the Data Protection Act 1984, as the advice will be different either way?
CCA request;
You're right, they do have 12 days to respond and you should allow 2 days for the post to arrive - 14 days in total. If they have passed this, which it looks like they have, you are entitled to refuse to pay for the account any further. Effectively they become barred from chasing you until they produce a CCA agreement and get a Court Order to say that the agreement is still binding and enforceable.
If you've sent them a CCA request and this is the case, just forget about it until they try to chase you for the money.
Can you post up the wording (not the personal data!) of your nudge letter, as I would have been asking for the Default to be removed at that point because they can't substantiate the information with a CCA agreement? If you didn't ask for that in that letter, you now need to send another letter doing so - I've used a s.10/s.12 Data Protection Act letter before which seems to work in these cases; (it's 5 pages long, but they'll get the message!)
If they then ignore that, you can make a I.C.O. complaint (re: processing incorrect data by the default still appearing) and a F.O.S. complaint. (chasing/continuing to process an account without a CCA agreement)
S.A.R. request;
I'm assuming the above is right, but just in case;
They are allowed 40 days from the date of your request, so I make that 23 August?
Keep your thread up to date and I'll help out wherever I can - I've trying some of the techniques on here, so have a look at my sig for links to my threads. (It feels like I'm taking on the World, at the moment!)
Good luck!
Always happy to help where I can!
Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?
It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"
Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.
After recently obtaining a copy of my credit file from Equifax I was concerned to note that your company has placed a "Default" notice against an account in my name.
Further to this I have no recollection of ever receiving such a notice, and I therefore require you to substantiate this data at your earliest convenience.
1. Youmust supply me with a true copy of the alleged agreement you referto. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit). Your obligation also extends to providing a statement of account. I enclose a £1 cheque in payment of the statutory fee.
2. You must supply me with a signed true and certified copy of the original default notice
I would request that this data is provided to me within the next 14 days, if you are unable to provide this data then I must insist that it is removed from my files as unsubstantiated.
Re: Lowel / Barclaycard Default Removal - No Response?
...and this is the nudge letter i sent...
LOWELL FINANCIAL LTD
PO BOX 172
LEEDS
LS11 9WS
After writing to you on 06 July I notice that you have failed to respond to my request to fully substantiate the Default entry you placed on to my Credit file with the Credit Reference Agencies. Please note that I originally gave 14 days from 6 July 2007 for this information to be provided – this deadline expired on the 21 July 2007.
For your information, I am enclosing a copy of my letter dated 6 July, to which I will require a response before 8 August 2007. You are legally obliged to provide this to me as this is my right under your obligation to supply the information under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit). I am also concerned that you may be in breach of the Data Protection Act, as you seem to have processed this information without being able to fully substantiate this – hence my original request.
I look forward to receiving this information before 8 August 2007, as requested – if you are unable to provide this, may I respectfully request that you instruct the Credit Reference Agencies to remove this Default from my Credit file and respond to me to advise me of this.
Please note that I may escalate this query to the relevant authorities if you continue to ignore my requests – including the Credit Reference Agencies, the Information Commissioner’s Office, the Financial Services Ombudsman and ultimately a Court of Law to seek legal remedies to rectify this situation, if required.
... out... in... out... I'm shaking it all about...
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11,407
Re: Lowel / Barclaycard Default Removal - No Response?
Again, confused - the letter says Data Protection Act S.A.R - (Subject access request), but the text is the same as the CCA request letter?
CCA - 12+2 days to respond
DPA - 40 days to respond
Looks like you've confused them by heading the letter DPA when in fact it's a CCA request - this will be interesting, because the request/nudge states the right follow up dates but they may argue that they are dealing with it as a DPA request because of the header. I would **think** that a Judge would look at the request as a whole and decide what it is, probably deciding that it is a CCA request because of the way it is worded and the payment you've made, despite the header - they'll obviously argue the reverse, though.
This may help you, actually, as there's a massive difference between the response times - if they deal with it as a DPA request, they have committed a criminal offence under the CCA.
How exciting!
As the account is already settled, you can complain to the fos - I personally would be sending a s.10/s.12 notice under the DPA (link below, changing to include your personal data) and then chasing this with both the FOS and the ICO if they don't stick to the deadline in the letter;
Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?
It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"
Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.
Re: Lowel / Barclaycard Default Removal - No Response?
ive looked at that link - my issue is that it's 'lowell portfolio' who have listed the default - not barclaycard, and the link you gave seems specific to banking / banks? - if i were to start from scratch with this what would your advice be?
... out... in... out... I'm shaking it all about...
Posts
11,407
Re: Lowel / Barclaycard Default Removal - No Response?
It doesn't matter who has defaulted you, unless they can justify the default by providing a legal contract between you/them and further details of the issues at hand, they can't process the data in the way they are.
The letters are worded towards banks, but just change the text to suit your circumstances.
You aren't starting from scratch, you've requested information under the CCA which they've failed to provide - following up with a notice under the DPA is the obvious next step, then escalating the whole thing if that doesn't work.
These companies don't want to spend time corresponding with past customers - even though that's their business - so you need to push the issue and get their attention as soon as possible.
Always happy to help where I can!
Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?
It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"
Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.
Re: Lowel / Barclaycard Default Removal - No Response?
Great advice again car - just had a search for a notice under DPA, any chance you could point me i the right deirection? Would you advise i order things by my pace and if they dont reply take it to the next stage??
Give them 28 days to comply and complain to the fos/ICO if they don't reply, which I think they probably won't.
Always happy to help where I can!
Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?
It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"
Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.
Lowel / Barclaycard Default Removal - No Response?
request in to LOWEL financial who had defaulted me on a Barclaycard in 2002/3, the account is now ‘satisfied’ but the default is hampering me massively.
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