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Everything posted by srm341

  1. Sorry misread that before posting, the SAR does contain most information but I dont think it includes it all, eg they must have tried telephone contact more than those times stated on their contact log etc. (Sorry for the extra posts... getting late!)
  2. Yes, I have kept all the emails, I have not contacted them by phone and have only signed anything digitally (the users of this site are VERY helpful). The SAR does contain the original account numbers, as these are on the closing statement from HFC which Lowells sent me.
  3. Hi thanks, The agreement was started on 17/5/2005 and my last payment was on the 17/3/2009. I have had a statement from the lowells which looks like the closing statement from HFC dated 29/9/09. The account was for a loan for a TV. Looking at the statements a lot of the amount outstanding looks like it could be made up of charges such as administration fees and rtd direct debit fees. I will CCA HFC and see what happens. I will also send the account in dispute letter to lowell, do lowell or HFC have to send me the original agreement? Thanks.
  4. Hi, I have a debt with Lowells bought from HFC Bank, for approx £290 the last payment/acknowledgement was in March 2009. Lowells bought the debt and started sending me letters and calling as they usually do. However after first reading this site I sent them an SAR in March 2014. They have dragged their feet attempting to comply with my request until today (Sunday) I received an email from them the contents below. They sent statements and other fairly useless info to me but failed to send an original CCA signed by me. They have now stated they do not need to and instead sent me a copy of the agreement I may have signed way back in 2005. The copy has my details handwritten but no signature or anything else. Is there anything else I can do about this, as they say I now have 30 days to "arrange a repayment plan".... As you can see from the email this has been going on since March 2014. I also have a Barclaycard debt with them for which I am just starting the same process as on the original SAR they only complied partially with the HFC account and again have done nothing with the Barclaycard SAR or account since then - well over 7 months for them to get the info together which they presumably dont have!!! Contents of todays email copied below ---- Original Creditor: HFC Bank LTD I write further to our email dated 21 August 2014 and apologise for the delay in responding. Summary of your complaint You are unhappy with our contact in relation to the above former HFC Bank LTD account, as you believe we have failed to supply you with all the information you have requested under the Data Protection Act 1998. My Findings Please be aware that under Section 7 of the Data Protection Act 1998, we are only required to provide you with the documents that we hold. We have no obligation to seek and obtain further documents that you request under this legislation. Our records show that we responded to your request for information under Section 7 of the Data Protection Act 1998 and provided you with the data you are entitled to under such a request on 5 March 2014. The Data Subject Access Request pack we provided complies with the requirements made under the request. I note that you have requested a copy of the signed original credit agreement for the above account. The documents required to be supplied in relation to any account governed by the Consumer Credit Act 1974 have been the subject of a lengthy legal test case of Carey v HSBC Bank PLC [2009] where it was held by the High Court that to comply with such a request:- 1. The original signed agreement need not be supplied, as a reconstituted copy of the agreement is sufficient provided it contains the name and address of the person as it was when the credit agreement was signed; and 2. If the terms and conditions of the credit agreement have been varied following the date it entered into, then a copy of the last varied terms should also be supplied. Given the above, please find attached a reconstituted copy of the agreement as supplied by the original creditor, HFC Bank LTD. I have also enclosed statements of the account which demonstrate the balance remains outstanding and due. I have placed your account on hold for 30 days to allow you the opportunity to review this information to contact us with your repayment proposals. If we do not hear from you within this time, collection activity will resume. I hope that this response concludes the matter to your satisfaction. If for any reason you are not satisfied with this response, please do not hesitate to contact me on telephone number 0800 5420 058 or reply to this email. Please refer to our email dated 21 August 2014 which gives you the right to refer this matter to the Financial Ombudsman Service.
  5. Hi I have had some great advice from viewing previous threads with regard to getting debts I had written off from HFC and Barclaycard/Lowell by going down the SAR route, but I have a different issue which I havent been able to find anything about........ I had a flexaccount with Nationwide which I last used approx 5 years ago at least, it had an overdraft which spiralled to £902 mainly I believe made up of unauthorised overdraft charges. This debt has been sold to Aktiv Kapital who have recently started sending me letters and phoning (though at present it is only once a day - I know AK often phone upto 10 times a day - I have experience of this!) What I was wondering was is there anything I can do to get these off my back? I believe overdrafts are not classed as credit agreements so Aktiv Kapital may be more difficult to chase away. (I also have another debt, Egg credit card with AK which I am paying at £1 per week). I do not have any paperwork from Nationwide (old statements etc) as I moved house back to my parents due to extreme financial hardship, and basically got rid of everything apart from my bed and some crockery.... I also do not want to give these people any personal information, I am working but am currently on a Zero Hrs Contract so my wages are variable. I hope someone maybe able to help or should I just ignore them...... which I have no issue with doing!
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