Hi maroondevo52,The other department they put me through to turned out be their solicitors. They eventually confirmed they had all my details on fiche so I have SARed them.I am about to resend my SAR request to BH (PPI/charges claim) along with my returned fee, but I was looking to add a cover letter stating they had failed my initial request. As even though I had NOT supplied any additional information, upon my phone call and my insistence they find my details or stop reporting on my credit file, lo and behold my agreement is found whilst I'm on the phone.I felt as if BH were being deliberately awkward in the hope I gave up or is that just the cynic in me? lol

Afternoon Everyone,8) What do you do when a creditor fails your SAR request? For me this relates to Black Horse sending back my Postal Order on the 36th day of my request stating they require an account number or more information. Upon phoning them I was put through to another department who within 10 minutes found my account.

Morning everyone 8-) SAR now sent to BH's solicitors. Can I now claim BH are in breach of my SAR request? My reasons for this are; it is now more than 40 days since I sent my SAR and nothing from them they returned my postal order with a letter saying they needed more info BUT when I phoned them they eventually managed to find my agreement My thoughts are BH were using delaying tactics and trying to put me off pushing the matter. On a plus note I was clearing my garage out and found a letter with an old agreement number so looks like I will be wanting that information aswell!

Well I was originally SARing them for missold PPI and charges (9 months before they defaulted me) so hopefully this will add weight to my complaint!

thanks for the fast reply Mr lex, Sent a SAR request to Black Horse with regards to an old loan I defaulted on and they got a CCJ against me. Anyway BH wrote to say they couldn't find any information and put me through to their solicitors after I mentioned the CCJ. Eventually they found all the info stored on fiche, during the conversation they told me the info says the CCJ was paid and the charge lifted in March 06 but my CRF says May 06. Only a couple of months I know but this will be the last negative on my file. I've just sent a SAR of to the solicitors who were acting on BH behalf to get all the info.

Morning everyone. I understand that a company has up to 6 months to register a default / update BUT I presume that it has to be the actual date of the default? i.e. default 02/01/11 can be registered as late as 02/07/11 BUT must show the default date as 02/01/11 NOT 02/07/11. Is this the same as a satisfied date for a CCJ? Thanks as always in advance

OK update time AGAIN! lol Phoned (RECORDED) BH this morning gave them all the info I included in my SAR request and BH still can't find any info, mentioned they got a CCJ against me, was then passed to Edinburgh solicitors. Edinburgh solicitors can't find info, they check Cardiff solicitor's database and find agreement number but can't give me info. Told to phone Cardiff. Phone Cardiff (RECORDED), they can't find info, not a valid agreement number! Told to phone Edinburgh!!! Right phoned (RECORDED) Edinburgh again! Finally got someone who knows what they are doing. She has confirmed they have the original agreement, T & C's, Charging Order, etc on fiche. So I now have to SAR them. Although they did confirm the CCJ was settled 2 months earlier than reported on my credit file.

Right spoke to Edinburgh again! Finally got someone who knows what they are doing. She has confirmed they have the original agreement, T & C's, Charging Order, etc on fiche. So I now have to SAR them. Although they did confirm the CCJ was settled 2 months earlier than reported on my credit file.

Hmm just shows you how dodgy the whole industry is. You can be liable for a debt for 6 years but send a SAR to get the info and if it's after 5 years they won't have it! BH is more like BS. SAR'd Lloyds can't find info, sent to BH. BH can't info, passed to Edinburgh solicitors. Edinburgh solicitors can't find info, they check Cardiff solicitor's database and find agreement number but can't give me info. Told to phone Cardiff. Phone Cardiff, they can't find info, not a valid agreement number! Told phone to Edinburgh!!! I feel a complaint coming on!!

Thanks for the help! Is there a law or guidelines I can quote when I next contact them?

Thats what I thought. BH are giving me the run-a-round on a SAR request and stated "oh it's been just over 5 years now, it doesn't show on our system". I challenged them about keeping records for 6 years to which they replied "oh I don't know?" and that was their solicitors! IDIOTS

Just a quick question hopefully! How long by law is an OC supposed to keep your records for? thanks in advance

Update time. Got a letter back from BH yesterday stating they could not find any valid agreement and asked ME to supply them with a valid agreement number! Well IF I knew that I wouldn't be sending a SAR!! Oh and they also returned my £10 postal order. Well I'm going to give their compliance team a ring (RECORDED) in a while and find out whats going on. As far as I'm concerned this is day 37 of my SAR request and this is delaying tactics by BH.

With the representation NoA (does it have to be the original?) it is from BC supposedly and signed by the HEAD OF COO COLLECTIONS. Any idea what department this is and who it was at that time? As the letter I received from equidebt on 23 Dec 09, stating someone would call at my home or work (against OFT guidelines?) if I didn’t pay in full by 28 Dec 09 (effectively only giving me 1 day to pay), can I claim I was forced to pay under duress? Also as I didn’t have any information on who the OC was and wasn’t told by equidebt who it was isn’t this using deceptive means to make me pay and acknowledge a debt I would have questioned had I been given all the information? Rambling I know but want to get as much info as possible. Thanks

Morning everyone, Well I phoned BC and the last payment was made March 05 so not SB. They sold the account to cabot 21-11-05 NOT 28-11-05 that cabot claim, does this make a difference? The representation of the NoA that cabot created yesterday also states 28-11-05. Any ideas where I go from here?

Afternoon everyone, Ok I have now had a final final response 8-) from cabot. Dear xboxer, Our response to your correspondence I refer to your e-mail, which was received on xth April 2011, in which you state you have continued to receive several telephone calls from us. No I didn't, I stated I had still received calls after my first letter However on reviewing our records we do not have a record of the same. In relation to your comments regarding section 40 of the Administration of Justice Act 1970, I must advise you this section does not apply in your circumstances in light of the Consumer Protection from Unfair Trading Regulations 2008, which state: “(3A) Subsection (1) above does not apply to anything done by a person to another in circumstances where what is done is a commercial practice within the meaning of the Consumer Protection from Unfair Trading Regulations 2008 and the other is a consumer in relation to that practice." Therefore, I can confirm, once again, that we have not committed any offence of harassment under the Administration of Justice Act 1970 or otherwise. With regards to your intent to record all future telephone calls, whilst it is in your right to do so, you are required to obtain our permission in order to disclose these calls to any third party. Therefore if you fail to obtain our permission, as previously advised this will be considered a criminal offence under the Regulation of Investigatory Powers Act 2000. You also state we have failed to provide sufficient proof that we are now the legal owners of the debt. I have attached a representation of your Notice of Assignment confirming the purchase of your account for your reference. On reviewing our records it is clear we did receive your e-mail on the xxth January 2011 and a subsequent response was sent. No it wasn't, will ask for a copy Notwithstanding, I can confirm that this account is not statute barred. You have previously acknowledged the debt by making a payment within the limitation period. Will ask them for the dates! As a result the limitation period is extended on each subsequent acknowledgement by virtue of section 29 of the Limitation Act 1980. For your ease of reference the outstanding balance on the above account is £xxx.xx I would recommend you contact our Collections department, within 14 days, on 0845 0700 116 to discuss the options available in order to settle this account. I must inform you that if we do not hear from you within this time frame, this account will be escalated within our collections procedures. I trust we have set our position clearly. If you have any further queries in relation to the above account, please do not hesitate to contact me on 0845 026 0463. The Customer Assurance department is open from 9am to 5pm Monday to Friday. Yours sincerely Well they have enclosed a NoA, with barclaycard headed dated when they supposedly took over (xx Nov 2005) Firstly it has been signed but no name of whos signature. Secondly the amount is about £300 less than cabot have said was owed (so cabot have been adding interest, roughly 8.2% APR). Thirdly when the NoA was dated I had been evicted/repossessed at that address so never received it. So CCA to cabot, SAR to BC? Thanks in advance

Well I've been having another think and I realise it was mentioned earlier in the thread about SARing BC but I was apprehensive about doing this as I now bank with Barclays. As equidebt and cabot have both said they have not added any charges or interest then the amount owing is the original amount owing to BC. From what I remember my credit limit was £500 so at least £350+ has been the result of interest and charges. As the debt was sold in Nov 05 they should still have my details on record. I know I had PPI but don’t know if I will be able to claim miss selling as I think I applied by postal application but there should still be a large amount of charges! I know there is no six year rule with PPI but what about charges? From what I've read BC like to play hard ball when it comes to paying back charges but to be honest so long as it at least what I owe, about £250, I would be happy! I think the SAR is going to be the only way to get a defintitive answer!

Hi DonkeyB, I had thought nothing had changed UNLESS cabot has amended their OWN copy! Think I will go with option A but if I still get the same blinkered view then it's off to the OFT!

Morning All, Yet another update! Ok so this is the response I have finally received of Cabot about the telephone harassment email I sent them. Dear Xboxer, Our final response to your complaint I refer to your e-mails, which were received in this office on xx January 2011 and xx February 2011 and our responses sent on xx January 2011 and xx February 2011. Januarys email was telephone harassment; Februarys email was a response to Cabot saying they were still investigating the complaint. I regret that you have felt cause to complain to Cabot Financial (Europe) Limited (“Cabot”) and apologise for any inconvenience that you may have experienced in relation to this matter. I understand that you are unhappy with the amount of telephone calls Cabot has made to you concerning your account. However, following an investigation of your records it would appear that, we have not recently attempted to contact you by telephone. Not recently but at the time daily from two different numbers hence the reason to send the complaint! I note you refer to the Administration of Justice Act 1970 section 40 in that we are harassing you for a debt. We would respectfully inform you that this section has been amended and furthermore does not apply in your circumstances. Has it? I can confirm that we have not committed any offence of harassment under the Administration of Justice Act 1970 or otherwise. We would like to confirm again that we have taken over your account from Barclaycard (“BC”), the original lender and we are responsible for administering your account, including taking payments, answering your queries and reporting information to the Credit Reference Bureaux. As a result, we are seeking your co-operation in settling your financial liabilities. Notwithstanding I can confirm that your telephone number has been temporarily removed from our records. However, I must re-iterate that if we do not receive your co-operation in paying towards your outstanding balance, we shall reserve the right to re-instate telephone contact. Cabot takes all legal and regulatory responsibilities seriously and abides by industry codes of practice and guidance. We wish to assist our customers to get back on track with their finances and that is why we may contact you. You have stated you intend to record any telephone calls with Cabot. Please be advised that should you record, or intercept and disclose any call recordings without obtaining our consent to any third party, this would be considered a criminal offence under the Regulation of Investigatory Powers Act 2000. Is it? Really? With reference to your e-mail received on xx February 2011, in which you requested additional information regarding our procedures in confirming the alleged debtors identity and address before attempting to contact the same. I can confirm, as above, the Cabot Financial Group purchased your account from BC in good faith on xx November 2005. Your personal information including your contact details were included in the data provided to Cabot during the sale of your account. Subsequently this information was used in our attempts to contact you. Regrettably, we were unsuccessful and your account was assigned to our external agents to pursue collection on our behalf. Please be advised you are not entitled to a copy of the service agreement between Cabot and it's agents. In addition, with regards to your comments on the charges and fees Cabot may apply to your account, I can advise you Cabot do not apply charges. However in accordance with your original terms and conditions, interest would be applied to your account should no payments be received. Whilst there is an active repayment plan on your account, and regular payments are being received all interest that would otherwise be applied, is held off. Notwithstanding please note the accrued interest will be applied on the failure of any repayment plan. For your ease of reference the outstanding balance on the above account is £xxx.xx. I would recommend you contact our Collections department, within 14 days, on 0845 0700 116 to discuss the options available in order to settle this account. Which bit of I will only communicate in writing do you not understand? I must inform you that if we do not hear from you within this time frame, this account will be escalated within our collections procedures. I trust I have set out our position clearly. However, if you remain dissatisfied with our final response, you may bring the complaint to the attention of the Financial Ombudsman Service within 6 months of this letter, who may investigate the same. Please refer to the attached leaflet. If you have any further queries in relation to the above account, please do not hesitate to contact me on 0845 026 0463. The Customer Assurance department is open from 9am to 5pm Monday to Friday. Yours sincerely As they have stated this is their final response with regards to the telephone harassment, admittedly they haven’t phoned for about a month now but as they have said they will again! Funny how they have ignored the SB letter! I have never received a NoA so I suppose that will be the next step for them to prove they own the alleged debt! Unless anyone has another suggestion? Thanks in advance!

The image in post No 5, item 2 states PPI. Don't know how relevent it is but the agreement in post No 3, where it states I wish to purchase HSPF Ltd Mastercare, the tick box and signature box are empty. I would read that as the insurance was NOT wanted. As I say I'm still learning so just pointing out my observations!

Hi dirk, I don't have any account numbers or records of payments so I'm having to do a SAR to get the info. So thats why I checking to see if you can make a complaint with the exact details and amounts to follow when I get them.

Hi just a quick question that I thought I would ask away from my main thread so it doesn't get missed. I'm awaiting my SAR from BH (40 days counting from today!) to be able to get my figures. Being that PPI claims are currently awaiting the outcome of the judicial review, IF it is decided that only current claims will be dealt with, is it worth lodging a complaint before the SAR comes back? My thinking is can you lodge intent to claim or start a claim with the actual details to follow upon completion of the SAR? At least this way people won't miss out while awaiting their SAR if the outcome happens before they get their info! Advice and opinions are welcome as usual.

Afternoon everyone, I got a reply back from Lloyds saying they couldn't find any info but enclosed a questionnaire and pre paid envelope for me to supply more info. Also attached was a list of the other Lloyds TSB companies addresses to send a SAR and £10 fee to each one! So I phoned them (RECORDED) and got them to forward my SAR to BH. In case anyone needs it the address for a Black Horse SAR is : Customer Complaints St William House Tresillian Terrace Cardiff CF10 5BH

Hi everyone quick question, if there is such a thing! lol How is a loan supposed to appear on your credit report? I would think that it should be total amount borrowed (£xxxx) with the terms of payment (£xxx * 60). BH have recorded mine as a Starting Balance of £6xxx (borrowed £5K), a Default Balance of £4xxx. Then it shows Terms of 1 @ £4xxx. I had paid 21 – 22 payments until I missed payments and BH defaulted me then got a CCJ which was paid off in full. Have sent a SAR off just wanting to get a heads up on how things should be. Thanks in advance!

Just checking that I make the postal order out to lloydstsb? On a side note (probably old news) I noticed Black horse have now stopped their personal loan business.