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Posts posted by lukeman

  1. Hi Shamrocker,



    I am quite familiar with dirty tactics by AK and I am sure they would have produced the CCA by now if they had it.



    But still tread with caution.



    Anyhow even if they fail to respond to your CCA request they will have to send you once you reach the disclosure stage or otherwise inform you and the court they don't have it.



    Personally I think you have nothing to lose now by sticking to your guns until you reach the disclosures.



    Until then they will try to bully and threaten you.

  2. £5 is not worth the hassle especially that he is unemployed.


    Try to sort out your difference for your child's sake as the child needs both parents and stop hurting each other in this manner and fashion.


    Dont get me wrong , I am a parent myself and my ex helped me alot during difficult times because of our children and how much they love us both.


    Pack it in both of you.

  3. Just to clarify folks,


    All I want from Barclaycard is my data..... And nothing more.


    they could have atleast provided me corespondances, telephone logs including SMS, and any other identifiable data as I am entitled to.


    I am not sure how they are going to explain refusing my request for the second time.




    shall I try the ICO first and do you know how long they would take to investigate and respond to me ?


    Or I should build a strong case by pursuing internal complaints for another 2-3 months...... To data controller and CEO.....

  4. Some of the items in your list do not meet the test for 'personal data' under the DPA. The courts have limited this concept to information of a biographical nature relating to an identifiable individual. You can't get generic documents through a DSAR.


    I do not think you can enforce a right to items 5 or 9 under a DSAR. I think items 3, 4 and 6 are too wide. Copy of a CCA Agreement should be requested through a CCA request. Things such as proof of postage and details on PPI should be requested through asking for pre-action disclosure.


    I imagine there is a CCA ... not likely you can accurately remember what documents you signed 16 years ago.


    Your POC would need some work before it is issued. You have to be careful. If you issue it as it currently stands, it would probably not get allocated to small claims and you would end up with a bill for thousands of pounds in legal costs if you lose. For a cautionary tale refer to http://www.consumeractiongroup.co.uk/forum/showthread.php?386041-Wandered-into-court-costs-minefield.


    The courts have generally been quite hostile to use of DSARS where the real purpose is to obtain documents for use in litigation ... best to complain and see what their response is, and revert back for help with the POC before issuing.


    Cheers Steampowered, much appreciated for your advise.


    Let's see if they respond to my letter sent last week and will revert back as soon as.


    As per POC, when the time is right I would need your assistant as well as the good folks here, Brigadier, Citizen among others.




    Taken all comments on board and look forward in working with you and the good folks here t

  5. Thanks folks for your valuable contributions.


    Just to clarify;


    I know for sure there is no CCA as I applied for the Barclaycard at University open day and just filled up a form and got the card. Never signed a CCA. So I just addedthe CCA request on my letter to see their response. But most importantly I want all the information pertaining to subject data (yours truly).


    I did not do the SAR to simply request CCA but for full data disclosure.


    Hope this clarifies the matter.

  6. Thanks Brigadier,


    Please see the letter I sent them before, was it sufficient as per pre action protocol;





    Section 7 – DataProtection Act 1998


    I am inreceipt of the documents that you have supplied in response to my DataProtection Act information request dated 20 July 2013. The disclosure of personal data is incompletein that at least the following documents are missing.

    You have failed to provide:

    1) A complete list of transactions andcharges.

    2) Full copies and transcripts of ALL correspondence in postal, email orany other format between Barclaycard and myself.

    3) Full copies and transcripts of ALL correspondence in postal, email orany other format which you have entered into with Lowell Portfolio I Ltd whichcontains my personal or financial information, or which pertains to me.

    4) A list of third party agencies to whomyou have disclosed my personal data and a summary of the nature of theinformation you have disclosed.

    5) The original signed, executed Credit Agreement/sand any terms and conditions that applied to the account/s at the time theaccount/s was/were opened.

    6) Truecopies of Notice of Assignment, Termination Notice and Default Notices or enforcementnotice that you had allegedly sent me, with a copy of any proof of postage thatyou hold.

    7) Full hard copy print outs of ALL my personal or financialinformation, held in a digital, magnetic or any other format which is held inany archives, backups or other storage devices / locations includingmicrofiche.

    8) Copies of ALL documents which include ALLof my personal information including copies of contacts or invoices, emails orcomputer records containing my personal information, or any records whichpertain to this information including Full telephone transcripts and fullscreen shoots.

    9) Documents relating to any PPI added tothe account/s, including the insurance contract and terms and conditions,date/s they were/ it was added and deleted. (if applicable).

  7. Thanks CitizenB for the prompt response.


    I made the SAR to get full disclosure from Barclaycard as I am entitled to. But all they want to give me is statements.


    I gather something is up or might be trying to hide something.


    Whats more I just had a letter from Lowell saying Barclaycard had complied with my SAR....... but I never sent them the original request and nor ever mentioned to them I made SAR to Barclaycard.... Why is Lowell responding on behalf of Barclaycard.


    I think I would ignore Lowell as my request was sent to OC.

  8. POC - Please review the highlighted section


    1. The Defendant is a Data Controller within the meaning ofthe Data Protection Act and is responsible for the processing of data of whichthe Claimant is a Subject.


    2. The Claimant had an account number (49/ 53) ("the Account")with the Defendant which was opened on or around 21 Jan 1997.


    3. On 20 July 2013 the Claimant sent a Subject Access Request, pursuant to Section 7 of the Data Protection Act 1998 to theDefendant.


    4. The Defendant has failed to comply for the second time.


    5. By virtue of the Defendant's failure to comply with the Subject Access Request the Claimant has suffered damage (and distress).


    6. The damage (and distress) caused is:


    Extra costs incurred in addition to court costs, due to the Defendants failure to comply - this includes the cost of additional correspondence and time spent preparing documents and seeking legal advice, I estimate this cost to be £495


    On the Jan 2010 theclaimant made the first request for DSAR which the defendant failed to comply thus the reason the claimant made a second request on the 20th July 2013 and yet again the defendant failed to comply fully.


    The defendant had defaulted on their obligations since Jan 2010 until now.


    The claimant had incurred cost since the first request in Jan 2010 to date as the claimant refused to comply with their obligations under the Data Protection Act 1998.


    7. The Claimant seeks an order that the Defendant do comply with the Claimant's Subject AccessRequest


    8. Under the terms of Section 15(2) of the Data ProtectionAct 1998, where the Defendant contests that information requested under the Claimant's Subject Access Request is not included within the scope of Section 7of the Data Protection Act 1998, the Claimant requests that the Court inspects that information, and where it finds that the Defendant's opinion is unfounded,that it orders such information be included within the information supplied to the Claimant under the Subject Access Request.


    9. Damages and costs within the discretion of the Court.

  9. Hi Folks,


    I wonder if someone might be able to assist on my POC.


    Basically in Jan 2010 I made a SAR with Barclaycard and they only sent me statements and back in Feb 2010 I sent them a NON Compliance notice and they simply ignored it.

    At the time I had lost my job and was going through tough time so I did not follow it up.


    Fast forward July 2013 I sent them a new SAR request, again they sent statements only. Then I sent them non compliance notice and letter before action and still they had not responded.


    I would like to get a court order to enforce compliance as per below kindly please review and advise ways to improve it.


    I gather they are hiding something as the account was sold to Lowell and they don't have CCA and only sent me an application form. Further they issued 2 default notices, one in Dec 2006 and one in March 2009 when I stoped paying the token amount as I could not afford it.


    I assume the last payment date (Jan 2009) would take precedence rather than the default notice being issued back in Dec 2006 ?

  10. Thanks Lukeman, I appreciate your advice. Who was the original creditor in your case?


    If I sort the Acknowledgement of Service and state that I will defend the whole claim, with the intention of going after the CCA and SAR, if the CCA come back and seems legit can I then withdraw my defence and opt for a different option later? If the CCA is fine, does that end my chances of defending the claim? I don't recall ever receiving a default notice - where does this fit in to the whole scheme of things?


    I've read some good info on here in regards to CPR so I should be fine with this. I will try to get this done asap and posted off.


    In my case the OC was GE Money (edge store card).


    In regards to Acknowledgement of Service and other legal fillings I would urge the experts (Site Admin) to assist as I wouldn't want to give you wrong info.


    Mate, don't panic too much yet and if I were you I would send the SAR to MBNA asap as it takes 40 days. At the same time send the request for disclosure under CPR to AK by recorded delivery.


    Lastly in your earlier post you mentioned online application ? did you sign the form and sent it back ?


    Please let us know how you applied for this card, do you still have the original application form, maybe check your email account...

  11. Hi Shamroker,


    I am not expert and a newcomer here, just want to share my experience with Aktiv Kapita.


    I took them to Court and WON for registering a false default with CRA and chasing me for a debt that did not exist.


    These guys are willing to play dirty, thought you should be aware.


    If I were you I would urgently request true SIGNED copy of credit agreement, Notice of termination, Notice of Default, Notice of Assignment and statement of account.


    I believe these can be requested under certain CPR which the site admin could assist you on. (Ask Admin for Template under CPR.....)


    In my case AK had tried to fake the above documents so I would suggest you urgently SAR MBNA and enclose £10 PO. In order to get genuine account information.


    Once you have all the info and disclose from AK then could decide what to do in regards to ple.


    Lastly make sure you stick to the time restriction for Acknowledgement of Service and filling upon receiving disclosure from AK.

  12. Congrats, Lukewarm. I just won against AK in court aswell! Would love to know more, as I'm hoping further action can be taken against these people


    Congrats to you too mate. Fantastic result.


    On what grounds are you planning the further action you mention above. I expect elements that were not mentioned in your original POC.


    In my POC I mentioned;


    1) NOT the Debtor in question - don't owe this debt

    2) Debt was statute barred anyway

    3) harassment - threatening and bullying

    4) Breach of Data Protection


    In hindsight I should have brought three different cases I against them or at least two cases. Also I wish I had claimed higher cost but most importantly I was after the default removal and they did remove and settled in full in the end.


    Let me anything you want to know or discuss otherwise just message me anytime.

  13. Good idea and don't mind it all.


    Bytheway, they attributed their attempt to collect money by fraudulent means to admin error.


    Fortunately for me I found a lot of criminating data for them to back off and settle.


    Furthermore the main fairy-tale that is normally told by Banks and DCA's about not being able to change or delete an entry with CRA's is a complete lie. AK did this within 72 hours but technically it can be done the same day.

  14. Ladies/Gents


    I would like to share my success against Aktiv Kapital.


    AK has been bullying and harassing me since 2009 for debt that didn't exist.

    I bough a fridge with a comet edge card in 2006 and shortly after it was delivered I changed my mind and sent it back.


    I didn't hear anything from them until AK started calling me day and night

    and threatening me with court action and subsequently registered a default against my credit file.


    I also discovered that AK had illegally changed the default date by 20 months.


    Fast forward June/ July.


    I sent Aktiv Kapital a letter stating I did not owe the alleged debt and also this debt is statute barred anyway.


    They ignored my first letter, then I sent them DPA notice to stop processing my data and gave them 21 days to comply.

    Again they did not comply and letter before action was sent.


    Then I issued a claim online for damages and notes as per above.


    They filed a defence within 2-3 days of issuing the claim online and said they would defend.


    For the past 2 months they have tried to bully me into submission saying they had strong case and they would defend vigorously.


    I stood my ground through out and ordered them to remove the default immediately

    and pay me compensation for all the things they had put me through for many years.


    Finally once the hearing date had been confirmed and clock started ticking they offered £105

    and to mark the alleged debt as settled.


    I refused straight away.


    Then finally they say they would settle and pay me full amount claimed and remove the default within 72 hours.


    I again refused as I had now prepared all the bundles and incurred further costs

    and I ask them to pay for them and surprise surprise they agreed and further paid for preparing the bundle.


    Aktiv Kapital are bunch of cow boys and I would advise all of you good people out there to stand your ground

    when you had been violated by DCA's and AK are B*****s for making up debt when there was none.



    before I issue the claim I tried the OFT and they were not helpful and infact very rude to me over the phone

    so from now on Her Majesty Court are way forward for me.


    cheers all

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