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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Barclaycard/Momument/Lowell


Jon7
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Hi there,

 

I sent off a recent request to Barcklaycard for my credit card statements so I can claim back the charges ( card originally with monument, My account was then sold to Lowell).

 

Barclaycard claim they have no recored of my account and can not provide any statements, claiming that the account( will post letter later) has been closed and the information has been deleted.

 

If account has been sold, should I write to Lowell with Same request?

 

Also to prove a debt, shouldn't Barclaycard keep records? What should I do?

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Also is the standard template for requesting Credit card Statements under the data protection act, a subject Access request? Also in Barklaycard's letter they received it on 8 may 2009 and yet my letter to them was posted on 29 April 2009 recorded delivery. Strange.

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I would sent cca request to lowell first.

worth a quid and should see them off.

they claim to own it,you cca them,they refer back to oc to obtain it:rolleyes:

not going to get anything if oc has deleted everything:D

 

did you get a noa?

not worth wasting a tenner on sar to lowell,they only have amount and contact details,

anything else you ask for they have to refer back to oc.and they have confirmed that they have got nothing.

 

I thought that details have to be retained for at least 6 years.

 

SAM:pLOWELL DETESTER

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Hi Jon,

 

When was the a/c opened and when was it referred to Lowells.

 

If you have the a/c no, you should be able to get the data from BC.Did you send BC a formal SAR with the £10 fee.

 

If Lowells now own the alleged debt, they will have to repay any penalty charges made to the a/c in the last 6 years.

 

And if they DON'T have a valid Credit Agreement, they won't be able to set the charges against the alleged debt. Send the CCA to Lowells by Rec'd Del'y.

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Hi sam,

 

BC Only claim the don't have the data, its a fob of letter that they have they have back to me.

 

I have already sent a CCA 14 working days ago.And have heard nothing in reply.

 

What is a noa?

 

I didn't say I sent a subject request, I was asking a question about the standard template for requesting Credit card Statements under the data protection act, is it a subject Access request? As BC claim it is in there letter to me that I sent them a subject Access Request, which I did not. They also request more info from me, such as A/C no ( sent Monument A/C no with my request letter) and previous address ( my address has not changed in the past 7 years) nor has my name changed either.

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Hi Slick,

 

the a/c was opened 9 years ago. Referred to Lowells 2 years ago.

 

yes, I have the A/c number. No, I did not send a Subject Access Request with £10.00, just a Standard template request, with £10.00.

 

Would sending a Subject Access Request to BC with the £10.00 make any difference? Would it be the same Subject Access Request for requesting banking history?

 

f Lowells now own the alleged debt, they will have to repay any penalty charges made. I didn't know that. Thanks.

 

CCA was sent Rec'd Del'y.

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hi,SAR should go to original creditor, and they have 40 days.should include all details including letters,phone calls,statements,every detail they hold.

 

NOA is notice of asignment,you should have been notified when it was sold on.

 

did you send cca to lowell.is their time up?

and yes if lowell owe the debt they are responsible for the charges.

SAM:pLOWELL DETESTER

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Hi Sam,

 

I'll be sure to send SAR today to BC/MONU

 

I have letters lettering know that my A/C had been sold. Are these NOS's or just letters?

 

Yes, I sent a CCA to lowell and yes there was up yesterday

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yes noa is letter,from oc

and usual for lowell to send a introduction letter.

have lowell not send the usual"we are requesting cca from oc letter"

if you send it recorded,know that they recieved it,and time up.

 

follow up to lowell.

debt collectors link send them template 19.account in dispute.

you may get a reply from the lovely ms swallow saying they have a further 30 days.

they dont.

SAM:pLOWELL DETESTER

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Hi Jon,

 

The SAR is a formal request made under the Data Protection Act which costs you £10. If you've already paid this to BC, don't pay them again.

 

Where did you get the template from. This is the SAR to use - http://www.consumerforums.com/resources/templates-library/48-bank-templates/110--data-protection-act-1998-subject-access-request-.html

 

Write to them saying, if they fail to provide the data as required by law, you'll make a formal complaint to the ICO (Information Commissioners Office).

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Hi slick,

 

thanks for advice and help.

 

yes, I sent the Subject Access Request template found at the link. Thanks for posting link though.

 

No, BC returned my postal order for £10.00 that I sent with my first request, so I re-sent the same Postal order that they sent back to me with the SAR. The SAR was sent rec-d deliv and sent on the 13 May.

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So we're waiting on the SAR reply then.

 

:)

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  • 2 weeks later...

Hi, got my reply today from BC about SAR. They Sent Credit card statements, with no defaults and say this is all the information relating to my account is all that they have.

 

Strange how the first reply from BC to my first letter before sending SAR. BC claiming they could not find the A/C number and after sending SAR, they found it. And yes, there are lots of Charges.

 

I question about payment Break plans, can these be claimed back or not?

 

Regards, Jon.

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Hi Jon,

 

Re the Pay't Break Plan, if this is comething you agreed to, you cannot reclaim these pay'ts.

 

If they charged you for the Plan without your knowledge or consent, you should complain about this separately to Cust'r Svs. You can't include this in a claim for repayment of penalty charges as you'd have to rely on different evidence if it goes to court.

 

Get the penalty charges listed on a Site spreadsheet. Then send your SOC off with your Prelim Letter - http://www.consumerforums.com/resources/templates-library/48-bank-templates/121-bookworm

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