Can we send an SAR for a current bank account, and if so, do we use/amend the same one that we used for creditcard SAR's?

Sam

yes

dx

Thanks!

Sam

A bit of research, plus a phone call, [a general enquiry, I didn't give my name], turned up the name of a compliance manager, at Barclays.

Letter sent to him yesterday, recorded delivery, explaining that they are in the wrong by not sending SAR, and even more wrong, by not acting on the reminder.

Given them until Monday to get the stuff here - if it doesn't arrive, then I'll report them, [on reflection, I will anyway]

Sam

Looking at my diary of post out/in for this thread, I find that RobWay have not sent CCA, they say that they've gone back to OC for it, [but we know that none exists]

Also Capquest have sent acknowledgement of our CCA request - same there, we know that CCA doesn't exist.

Both have had "Account in Dispute" letter.

However, both have cashed the cheques sent for the CCA's - these cheque's were not drawn on my friends' bank account, they are on one of my accounts.

Naughty! Naughty! I think - advice please?

Sam

Formal complaint to the data controller is needed and put account formally in to dispute.

You need to keep a record of those cheques, the date they were cashed and the purpose you sent the cheques for. It is amazing how many times a DCA has tried to say that a payment of £1.00 or £10.00 was made to the account in order to mess up a statute barred period..

The monies for both the CCA and SAR are the legally required fee for these requests.. and if used for any other purpose, such as applying to the account, it is just an unsolicited gift from the DCA.

OK Brig and CitizenB,

Both accounts are in dispute already, using the template letter from the CAG library.

I'll make formal complaints to the respective data controllers, by letter tomorrow - I have to sit here, because my van will be at the menders, having new injectors fitted.

I'll also print off my bank statements from my on-line banking page, and put the print-offs in the appropriate files.

Many thanks,

Sam

Formal complaints now made to CQ and RW data controller, ref "mis-use of fee's".

Received letter from RW this morning, a load of rambling stuff about the account remaining "on hold", preventing any collection activity at this time.

Ends with "We will contact you in due course" - I don't think so!

They've an amount owing which is inflated to about five times the true balance, inflated with charges from HFC and CQ, nobody could ever work out what the true balance could be.

And, they've failed to provide a CCA, but cashed MY cheque that was provided to pay for it!

Also, now in possession of a similar letter from CQ, and they would not be able to present a credible "true" balance of account, either.

CQ have also mis-used the fee, by cashing MY cheque, and not supplying a CCA.

These two will never go near a court with this load of fiction!

I'd put a running total along the bottom of my posts, but I don't know how!

I'm about to write Cabot out of the equation, too.

Natwest are teetering on the brink of a write-off, the only troublesome one is Barclays, now.

They've now only got until Monday to satisfy our SAR, or we'll drag their data controller into court - failing him, them we'll go for a handful of "Diamonds"!

Sam

:lol:and to think i started all this trouble by asking you to check your CRA file!!

dx

That's right dx, and we only got the Call Credit and Equifax files, in the end.

Experian have still not sent my friend her file, and they owe me my fee, too!

Somewhere in this thread, somebody wrote that the relationship between DCA's and CRA's is an incestuous one.

I Emailed the ceo at Experian the other day, regarding the return of my two quid, and I've have no reply, and no fee - I can write in this thread, that at least one Credit Reference Agency has so far kept the money.

Sam

Are you saying you requested a copy of your file from one of the CRAs and they have failed to provide within the statutory period of 7 days ?

tsk, tsk.. send them the following There are some places where information has to be added/amended.

 

Dear Sir or Madam,

s9 (2) Limited Data Subject Access Request in Default

The Data Protection Act 1998

I am writing to complain that you have failed to respond to my valid s9(2) Limited Data Subject Access Request served under The Data Protection Act 1998 (the “Act”). The details requested have not materialised before the end of the prescribed period beginning with the relevant day. The relevant day means the day on which you received my request or, if later, the first day on which you have both the required fee and the information referred to in subsection 7(3).

 

My signed s9 (2) Limited Statutory Request included the required £2 Statutory Fee, as outlined in The Data Protection (Subject Access) (Fees and Miscellaneous Provisions) Regulations 2000 Statutory Instrument 2000 No. 191.

My request also included all information that any Data Controller could reasonably require under s7 (3) of the Act to confirm both my identity and my address. I provided you with my Full Name, my Address, my Postcode, my Date of Birth, my signature and I also stated that I have been resident at the Address provided for XX years. A copy of that request is attached along with a copy of the postal order number/ Cheque number 12345678 .

For the avoidance of doubt, you have obviously received my s7 request limited by s9 (2), having banked the postal order / cheque on DATE this was confirmed by the Post office/ BANK.

Therefore, please take notice that if you do not comply in full within 7 Calendar Days from the delivery of this complaint then, without any further notice, I will be making a formal complaint to the Information Commissioner’s office.

Yours faithfully

So - it seems that not everybody at Barclays is sleeping!

A letter this morning, apologising for the delay in the SAR, it was delivered to them on 22nd Feb, a reminder on 5th April, and a "final, final reminder" on 18th April, [sounds like a DCA, doesn't it?]

But no SAR!

The letter confirms that the "request is underway" - I don't think that something as inanimate and abstract can be "underway", can it?

They are asking which branch to send it to, for collection; a driving licence or passport will be needed on collection - the form to send back, requires my friends' name and signature.

If photographic proof is provided, does she have to provide a signature?

Would she need to provide a signature at the counter for receipt?

Sam

Yest they will not release the documents without a signature.

Thank you Brig, slick as ever!

Sam

I have "hidden" a few posts that made no sense as the post that was being referred to had been removed

Please, do not comment in respect of this post or those that have been removed - let's keep the thread tidy now - I thank you

And now a letter from Cabot, stating, in a roundabout way, "We cannot force you into a Court and make you pay anything", and then they go on to, sort of suggest, that they are are still open for donations.

The answer is, "Don't try and appeal to my better nature - you haven't got one, nor have I"

Still waiting for the SAR request from Barclays to be satisfied!

I've wrote several letters on my friends behalf, with no replies.

Then wrote to another Barclays address - they received the letter on 22nd Feb [this year; I thought I'd better mention the year, because Barclays don't know what Planet they're on!]

They've sent acknowledgements, please refer to post #163, and on 24 April stated that the process is "underway".

Then on 17th May, another letter, stating that they are "committed" to resolve my friends' "complaint", by 19th June!

Apart from the fact that I think that they should be committed, to a secure institution, I point blank refused to send off her "quid" this month [she's had no annual statements, no receipts, and very little meaningful communication from them]

Today, a letter noting that the quid hasn't been sent, and threatening legal action, and all the rest of the clap-trap.

I think that they are at cross purposes here, but I can't help them, I think they are at cross purposes with themselves.

There isn't a "complaint" other than "What the **** are you up to?

What do you reckon, sit tight, because I cannot see them stand up in court for a quid, whilst I'm holding the diary of events - can you?

Sam

no

i'll ask our barclays expert to pop in.

dx

Hi Sam,

Looking in as requested by DX.

I've not been through the whole thread but I think I have the gist of the situation.

If the recipient of the £1 monthly payment has failed to produce evidence of their ownership of the debt, don't pay them until they do.

If they (or the bank) HAVE produced a credit agreement, Notice of Assignment, T&C's or whatever else to show they are entitled to collect, keep paying them the £1 per month.

Pursue the SAR so you can see if there are any charges or PPI to reclaim. I saw this mentioned in the 1st page of the thread but didn't see any further comments about it.

I'll keep an eye on this from now on to see what transpires.

Thank you Slick,

The thread is a diary of five separate accounts, which makes it rather difficult to follow, three of the accounts are in dispute, and I'm now dealing with the last two, Natwest and Barclays.

The interest claim on the charges that were applied by NatWest, have covered the remaining balance, except for £1.92p, and I shall have the greatest pleasure in sending them a letter next month, pesenting them with that fact, plus a cheque for the amount.

I shall also tell 'em "That's it, you 'aint getting no more"

One of the "in disputes" is a Barclays, purchased by Cabot - Cabot were easy to deal with, but again, it took ages to get information from Barclays.

I'm not sure if they are simply in a shambles, due to poor management, and lack of leadership, or whether they are simply being bloodyminded, which again, doesn't say much for their management, [on reflection, it speaks volumes, most of which is unprintable here!]

We've not sent for a CCA from Barclays, this is an SAR that we are waiting for.

My friend has never had any statement of account from Barclays, one cheque, [sent by me last year], which I know was received, has never been cashed, and the whole process of getting this SAR has been met by what I would call arrogance and dumb insolence - that's when they've bothered to reply, of course.

That's why I'm refusing to send any more until they pull their finger out - sending threatening letters to customers, whilst not complying with legal requests themselves, seems to be a bad way way to run a company.

In separate letters, they have referred to "the SAR information", and "your complaint", which makes me think that two different departments are writing about different things.

Anyway, thanks for the advice,

Sam

Ahaa, that's why I found the thread confusing !! You should have a separate thread for each case, otherwise the info gets very confusing.

If you want to discuss the Barclays case further, feel free to open a new thread here or in the Barclays forum. Start it with a brief summary of events to date for that account.

If it's in the Barclays forum, I'll see it in due course.

If it's here in the debt forums and you want my input, send me a PM with a link to the new thread.

Hi Sam,

Not wishing to hijack your thread. Just wanted to say your thread has entertained me this evening, in particular your 'Retirement diary'. Most amusing.

You are very much like myself, in as much as a 'dog with a bone', never give up.

Your friend has a wonderful friend in you and I wish you all the luck with your quest.

Go get em........

Shelley

Thank you Shelley,

It's nice to know that others read the forums for reasons other than giving advice, and that I've cheered somebody!

Sam

I'm back!

It seems that I still have dealings with NatWest and Barclays, before I can finally put this lot to bed.

At this point, I think it will be best if I open two threads, one for each.

Can I ask, I know how to start a new thread, but do I need to somehow link it back to this one, so that readers will know what has gone on before?

Sam