MBNA, RBS, Coop, Barclays SAR & CCA

[Gjb33]

Hi Everyone;),

 

I only found this site on Friday after I had a "Credit Card Killer Company" phone me up called Claim Management UK Ltd; they wanted about 750 quid to erase my debt on what they called technically unenforceable credit agreements...!

 

I thought it was a con, so I decided to do a little digging, and came across the CAG...Wow, what a find.....

 

So I've started my own thread so that I can detail everything I do, so other people can hopefully check that I'm doing everything right and also just maybe other people can follow....

 

Also Just a bit of background on me, I have 5 credit cards, all of them are at least 8 years old and some of them are 13 years old these are with MBNA, RBS, Coop (formerly Northern Rock), Barclays I also had one with Morgan & Stanley but they sold it to Barclay card as well. These all sum up to approximately 40K. I currently pay approx 1.3K per month and it will take approx 8 years to pay back the debt, the average APR is 27%, I have never defaulted and the only reason I cant swap the cards about is because the credit tap has stopped.

 

I'm not a debt avoider but the interest is a scandal, these companies do not want you to pay the debt off I figured they have had all there money back 3 times over off me, so enough is enough....hence here I am.....

 

But just so you know, any company that doesn't follow the rules should expect to fall on there face...

[300]

Get mailing those CCAs and SARs and be lucky, I seem to be 6 months on and no enforceable agreements.

[Gjb33]

Right then sent the following SAR letter to :

 

MBNA, RBS, Coop and Barclaycard :

 

This letter came from the CAG....

 

 

{Your address}

 

 

 

11th April 2009.

 

{Credit Card Address}

 

 

My Reference: GB1/BC1/001/11052009

 

{Credit card number}

 

DATA PROTECTION ACT 1998

SUBJECT ACCESS REQUEST

 

I understand that you currently hold details of my personal and financial information within your internal record systems with regard to personal credit cards.

Please supply me with a complete list of transaction and charges relating to my history with your organisation, INCLUDING credit cards and payment protection insurance. Alternatively a complete set of statements for the accounts or associated accounts is acceptable.

 

To clarify, I would be grateful if you would provide the following for the credit card account I have with your organisation, details as below:

 

Full copies of all contracts which you believe exist or have existed between myself and your organisation, including true copies of any original documents and their original associated terms and conditions you hold in support of the same

 

- A complete list of all transactions or statements relating to my credit card account held with your organisation

 

- Copies of all documents which include any of my personal information including copies of any contacts or invoices, emails or computer records containing my personal information, or any records which pertain to this information.

 

- Full copies or transcripts of any correspondence in postal, email, telephone or any other format which you have entered into with me, or any other individual, organization or third party which contains my personal or financial, or which pertains to me

 

- Where any previous information or records held have been deleted or disposed of, the methods used to do so, including dates, certificates or references confirming details of destruction. Where you are unable to provide such certificates, please provide a declaration, signed by an authorised officer of your company, confirming the dates and methods of destruction of this data

 

- Full hard copy print outs of my personal or financial information, held in a digital, magnetic or any other format which is held in any archives, backups or other storage devices / locations

 

I enclose a POSTAL ORDER in the sum of £10 to cover your fee.

 

IF YOU UNABLE TO DEAL WITH ANY PART OF THIS REQUEST, YOU SHOULD IMMEDIATELY FORWARD IT TO THE PERSON WITHIN YOUR ORGANISATION RESPONSIBLE FOR DATA PROTECTION

 

I look forward to hearing from you in the first instance of receipt.

 

Yours faithfully

 

{Printed Name only ***Do Not Sign with your SIGNATURE***}

Edited April 13, 2009 by Gjb33

[pompeyfaith]

Thats it send it off you just need to justify the text to the right as it is centred.

 

And put this below in bold red just so they get the picture that its a legit S.A.R.

 

DATA PROTECTION ACT 1998

SUBJECT ACCESS REQUEST

 

Regards

 

PF

[Gjb33]

Posted the following CCA request to :

 

MBNA, RBS, Coop & Barclaycard...

 

 

Courtesy of the CAG :

 

Dear Sir / Madam,

 

Account Number :-

 

With reference to the above agreement, I require that you provide me a true copy of the credit agreement

 

I am aware that section 78(1) of the Consumer Credit Act 1974 sets out clearly what is required to comply with my request and quote “shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it” For clarification I require a copy of the agreement, any terms and conditions from the time when the agreement was executed, together with a copy of current terms and conditions and a copy of the cancellation notice if the agreement refers to “Your Right to Cancel” within it. I also require a statement of account as laid out within Section 78(1). If there weren’t any terms and conditions then please confirm this in your

 

I am entitled to receive the information on request. I enclose a payment of £1.00, which represents the fee payable under the Consumer Credit Act 1974.

 

I note that section 172 outlines that statements by creditors are binding where made under inter alia section 78(1) and I take this to be that any reply made in response to this request is binding upon you. Therefore you should ensure that all documents requested are supplied. Any missing documents will be considered not part of the agreement and could therefore affect the enforceability of anything you send.

 

I understand that Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 (SI 1983/1569) at regulation 2 sets out the required time frame for compliance with this request as being 12 working days from receipt

 

Should you fail to comply with my request as outlined above, I shall consider the account in dispute. I am aware that where a creditor fails to supply the requested information the creditor’s rights to enforcement are restricted until such time as they comply. I am also aware that there are certain terms that are required to be within the “Agreement” and should these terms be mis-stated or not present the agreement can be rendered unenforceable in law.

 

Not withstanding the above, I note that the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 (SI 1983/1557) at Regulation 3 allows the signature box and signature, to be omitted in a copy document, but that the copy document must be a ‘true copy’. This means identical in both form and content (including all prescribed terms as required), to the signed, executed, original agreement, as presented or sent to the debtor for signature.

 

I respectfully request that you provide a copy of the original agreement signed by me that you hold on file, and while I accept that you can omit the signature box for the purposes of compliance with my request, you will be aware that any challenge to the agreement in court would require the signed copy of the original agreement

 

If you still reject this, please provide clarification on the status of the Original Credit Agreement and confirm either that you hold the original signed agreement on file, or a copy of it on microfiche, or that you no longer hold the file

 

I look forward to receiving this information within the time frames as indicated above

 

Yours faithfully

[Gjb33]

Cheers PF,

 

Every time I copy and paste bits from word it put's HTML code in and screws up the justification...

 

All my letters are sent from Word.

 

12+2 starts tomorrow...fingers crossed.

[pompeyfaith]

GJG,

 

The above will get you just a copy of the agreement where as the S.A.R will get you everything they hold on you.

 

So im not sure if the above is required as the S.A.R will get you a copy of the agreement and a lot more.

 

It all depends on what you are trying to achieve.

 

PF

[Gjb33]

PF,

 

I was sending both just so there was no confusion, you know how these companies are, you also never know the cut and paste shop might do me 2 different copies....lol

[maroondevo52]

Hi, Gjb33.

 

You should start seperate threads for each Bank, things are going to get a bit hard to keep track off

 

Regards.

 

Scott.

[Gjb33]

Found This from the csa website if anyones interested http://www.csa-uk.com/UserFiles/File/upload-here/manifesto%20all%20pages.pdf

 

Check out pages 7 & 8 especially...lol

[Gjb33]

Hi, Gjb33.

 

You should start seperate threads for each Bank, things are going to get a bit hard to keep track off

 

Regards.

 

Scott.

 

 

Cheers Scott,

 

I will when I start getting replies from them

[maroondevo52]

I will when I start getting replies from them

 

Sound, just makes it easier for folk to help.

 

Regards.

 

Scott.

[paulwlton]

Take a look at the following thread, there's been a lot of work tearing the CCA 1974 to bits

 

http://www.consumeractiongroup.co.uk/forum/general/33174-consumer-credit-act-agreements-746.html#post2104117