They just ignored my letter and sent another demand for payment (or they may have crossed in the post as Royal Mail have been delayed because of the snow). Is there a template somewhere for a Subject Access Request?

I thought about it a bit and took a slightly different route: I sent this: "I have received your letter of 28 Jan 09. I am disappointed that you have been unable to comply with my statutory request for a true, signed copy of a regulated credit agreement made in my previous letter dated 22 Jan 09. As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the Consumer Credit Act, 1974 and is a complete defence in any court claim that is issued. It also remains unenforceable until such time as a default is either removed or enforced by a court of law. This means that any attempt by your company to enforce this alleged agreement will represent a further offence until such time as it can be produced in court. As you have been unable, or are unwilling to provide me with the requested information, it is my belief that you were never in possession of a true copy of the alleged agreement, or of a signed, true copy of a Deed of Assignment. In light of this, I find it astonishing that you have coerced me into making regular monthly payments to you for over a year by making me believe that you had legal authority to make a demand for payment. Had I been aware of the true circumstances and my rights in this matter I would have strongly disputed your authority at the outset. If my belief is correct, your actions could even amount to a criminal offence of obtaining property by deception. The law set out in the Consumer Credit Act 1974 must be abided by everyone; people and companies alike and taking the above into consideration, I am confident that no court would look favourably upon your failure to provide true, accurate information which I had assumed that you already had in your possession prior to issuing letters demanding payment. Consequently, these unwarranted letters must cease whilst this matter is in dispute. I would now request that if you are sure that this matter does relate to a current account that I held with Abbey National PLC you provide documentary evidence of that fact or alternatively supply the information I have properly requested in my previous letter in accordance with the Consumer Credit Act 1974." Now I will just wait and see..

Not sure if I should be starting a new thread with this (or how to really) but: I have sent a CCA request to a debt collection agency and they have returned my £1 fee and replied stating that, "This account from which the above amount is due relates to a bank account that you held with Abbey National PLC. Whilst this account is a regulated agreement I would refer you to Section 71(b) of the Consumer Credit Act 1974 whereby any requirement to supply a copy of the agreement is exempt for current bank accounts." The account was a 'flexible loan account' which I understood to be a 'running account' like a credit card. It stated in the agreement that "we will tell you from time to time what your flexible loan limit is", together with APR and interest rate information and details of monthly minimum payment. There was no provision for, or reference to a credit balance at all. It also clearly stated that it was a credit agreement regulated by the Consumer Credit Act 1974. I'm guessing that this is a ruse and I should write back to firmly refute the suggestion that it is a current account and hold out for compliance with the CCA Request. The problem is I am not entirely sure about the definition of a 'current account' in this case. Does anyone have any similar experience, advice, comments or suggestions - I can provide further information if necessary.

Hi all, I just signed the petition re bailiffs earlier in this thread and I encourage everyone reading this to do so.

Dunnit! Sent the SAR today. Thanx for your advice and support.

I need a bit of advice here. This is my first post. I started reading through this site around Christmas (isn't that when money is always tight?) but had problems registering on here:confused: - now resolved (obviously).:grin: I sent out letters to my bank and credit card companies and received a variety of responses (GE Capital refunded me in full except one charge which I didn't dispute). I didn't have statements for 6 years for Barclays so I estimated the first 18 months which came to £2285 inviting them to come back with an accurate figure if they disputed mine. They came back with an offer of £1000 and said that if they didn't hear from me within 8 weeks then they'll close the file. Well, what with the problems of getting access to advice, templates etc, things have drifted on and I've now decided to add interest and claim the lot (£2876.32). Does anyone know if I can take it all the way without getting the actual statements? I was thinking of moving straight to the MCOL stage without backtracking for the data protection disclosure even though its over two months since they made their paltry offer. I was thinking that the onus could be on them to prove that the charges were not as high as my estimate but perhaps I will be missing the necessary information at the allocation questionnaire stage and this would jeopardise the claim. Does anyone have any experience of this and can advise? (or should I post this in the 'Barclays threads'?). Also does the fact that they've said they'll close the file make any difference? I am guessing not because I don't accept that they can just make (even more) arbitrary rules but I wondered if there was any legal precedent for them doing that. I haven't replied to them yet seeing as my last letter was a LBA saying I would commence proceedings without further notice. What d'yer reckon? So many questions...

This is my first post. I started reading through this site around Christmas (isn't that when money is always tight?) but had problems registering on here:confused: - now resolved (obviously). I sent out letters to my bank and credit card companies and received a variety of responses (GE Capital refunded me in full except one charge which I didn't dispute). I didn't have statements for 6 years for Barclays so I estimated the first 18 months and they came back with an offer of £1000 which is less than half of the sum I'm claiming (without interest). I've now decided to add interest and claim the lot. Does anyone know if I can take it all the way without getting the actual statements? I was thinking of moving straight to the MCOL stage without backtracking for the data protection disclosure even though its about two months since they made their paltry offer. I was thinking that the onus could be on them to prove that the charges were not as high as my estimate but perhaps I will be missing the necessary information at the allocation questionnaire stage and this would jeopardise the claim. Does anyone have any experience of this and can advise? (or should I post this in the 'Barclays threads'?) So many questions...