Thread: Pre 6 Year Statements...

This gets complicated, so please read carefully...

Has anyone had any success in obtaining statements from Alliance & Leicester going back further than 6 years ? A & L have only partially complied with my SAR and seem to be holding back on providing any info. on a flexiloan account and a credit card account.... although both were sold to an external debt collection agency in 2002... under the same reference as my current account.

As this was only 2002... I would have expected to receive some details... yet they continually refer to my current account.... which closed in 2000 with an outstanding balance of approx. £13, caused by a charge .

All of these accounts were sold (under the £13 dr. referenced account) in 2002. However, I am now wondering about the legality of the Deed of Assignment from A & L to the DCA.... because all 3 accounts were amalgamated into the one reference (the £13 dr. one), which has enabled the DCA to collect over £1k, based on an inaccurately referenced Deed of Assignment (hopefully ) and no CCA.

Any thoughts ?



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Regarding the SAR, there are 2 things you can do, assuming the 40 days are up.

1. Send an lba for non-compliance with a SAR which can be found in the bank templates library.

2. Complain to the ICO, either by letter or using the online complaint form on the ICO website.

Looks like you are already looking at the deed of assignment issue.

Originally Posted by caro

Regarding the SAR, there are 2 things you can do, assuming the 40 days are up.

1. Send an lba for non-compliance with a SAR which can be found in the bank templates library.

2. Complain to the ICO, either by letter or using the online complaint form on the ICO website.

Looks like you are already looking at the deed of assignment issue.

Thanks Caro,

I already have my letter drafted up, which includes other issues re. the destruction of my data. If they no longer have it, then I am asking them to confirm how it was disposed of.

I have considered a compliant to the ICO... but have read that the banks are more intimidated by being threatened with a Court Order to force them to comply.... and I assume that I can do this myself, before going down the ICO route.... which would rule out compensation. The 40 days were up a while ago.

The main reason I want to do this myself without involving the ICO, is because I intend to drop it if they are prepared to cough up a refund of all monies that I have paid to an external DCA..... on the grounds that the Deed of Assignment refers to an account with an outstanding balance of £13.... upon closure..... yet they collected over £1k... making it an invalid document, drawn up by A & L.

I have tried to find out about D of A law.... and so far, have drawn a blank. I also understand that no-one is obliged to send this doc. to me because it would breach the DPA (bulk purchase of debts and info. on other borrowers).... but in my letter (not yet sent), I have requested info. on the precise details that were assigned to the DCA in 2002, which under the SAR... I believe that I am entitled to receive.

Any thoughts/advice is appreciated...

I agree that the court order is more effective in the short term at getting compliance with a SAR, but I see no reason for not complaining to the ICO as well. Maybe you could just do a complaint when the matter is settled.

As you say, if the debts were sold in 2002, 5 years ago I would expect the bank to still have information on this. I would agree a SAR to the DCA is required.

Not sure if I can help more on this as you seem to have covered everything pretty well.

Originally Posted by caro

I agree that the court order is more effective in the short term at getting compliance with a SAR, but I see no reason for not complaining to the ICO as well. Maybe you could just do a complaint when the matter is settled.

As you say, if the debts were sold in 2002, 5 years ago I would expect the bank to still have information on this. I would agree a SAR to the DCA is required.

Not sure if I can help more on this as you seem to have covered everything pretty well.

Thank you again...

I will follow up on the partial compliance side of things with A & L first before sending a SAR to the DCA. I sent a CCA request to the DCA in January and have heard absolutely nothing since.... which was a bit surprising, as I did expect to get some grief in return. I would prefer not to contact them again, if honest.... and it seems as if my first task is to determine what info. was included in the D of A.... completed by A & L anyway.

I'm trying to cover everything.... that's the worry. I need to be sure of what I'm doing, so I don't stuff up. Thank you for that reassurance...

All you are doing is asserting your rights and if you place an account in dispute, no action can be taken against you until the dispute is resolved so don't worry. You have every right to query your own finances.

Thanks Caro,

The SAR was originally sent in connection with a loan that was sent to an internal DCA (separate thread). A & L got very nasty and made threats for a property charge, etc.... despite the regular reduced payments I'd made. CCAs and a SAR was sent off (after finding the CAG )... and no-one had a CCA... so they were stuffed !

I assume they are not best pleased as the whole thing has blown up in their faces, so to speak. However, when the (partially complied) SAR came back... I discovered an interesting discrepancy with the account on this thread... and that it had gone to an internal DCA... and then been sold.

Technically, I owe them on the loan account.... yet they can't enforce it. Sometimes I am tempted to let it go because one balances out the other, but then I get cross over the way I was treated, threatened, bullied, etc... and want to pursue it for a refund of monies paid to the external DCA (through the incorrect D of A).... who profited without a CCA for several years and, when A & L could have offered me the same settlement figure that the account was sold for in F & F from me. They would have probably got more for it that way anyway.