Barclaycards response to my SAR!

[Zorro01]

i asked for the recordings as part of my sar but they failed to produce them. Any ideas on a letter to give them a nudge in the right direction and forward them to me??

[the_shadow]

i asked for the recordings as part of my sar but they failed to produce them. Any ideas on a letter to give them a nudge in the right direction and forward them to me??

 

Hmm personally I'd write back in a non-template letter and if you've got it the rough date of the call.

 

Something along the lines of...

 

Dear Sirs,

 

I am in receipt of my Subject Access Request from yourselves dated xx/xx/xxxx. Unfortunately the request has not been complied with fully in accordance with the Data Protection Act. In my letter dated xx/xx/xxxx I specifically asked for recordings or transcripts of taped recordings to be provided. One such conversation I have had with your customer advisors was on xx/xx/xxxx. To fully comply with this subject Access request I expect you to either provide this recording, a transcript of said recording or confirmation in writing that this recording is no longer held by yourselves.

 

Yours

 

xxxx

S. Edited July 22, 2009 by the_shadow
tweaked the letter

[Zorro01]

This just keeps getting stranger and stranger.

The other week Barclaycard sent my a final response to the CCA problem as you have read above.

Then yesterday I recieved a long letter from Barclaycard.

 

"I write further to the letter whereby you note disatissfaction to the documents you recieved in relation to a request made under section 77 / 78 of the consumer credit act 1974.

 

Firstly credit cards are regulated under section 78. Section 78 (1) states that the creditor shall give the debtor a copy of the executed agreement and a statement of account which is practicable to refer. Regarding a statement of account which is practicable to refer, the letter of which we sent in response to your section 78 (1) request to cover the issue of executed agreement.

 

"HOW DOES THE ACT DEFINE AN "EXECUTED AGREEMENT"?

"executed agreement" is defined in section 189 of the act as "a document signed by or on behalf of the parties, embodying the terms of a regulated agreement".

 

"WHAT DO THE RULES SAY ABOUT PROVIDING A COPY"?

The consumer credit act (cancelation notices and copies of documents) regulations 1983 ("the regulations") made under the act deal with how we are able to provide a "copy" of an agreement supplied to a debtor should be a "true" copy. Regulation 3 (2) provides that a copy may omit certain information, which allows you to be provided with a true copy, not a complete copy.

 

it then goes on about what happens if the origional agreement has been varied since origionally signed etc

 

"CONCLUSIONS IN RELATION TO THE DOCUMENT WE HAVE TO PROVIDE"

A "copy" of an agreement will satisfy the requirements even if the signature box and/or the signatures are not included as clarified by regulation 3 (2) of the consumer credit (cancellation notices and copies of documents) regulations 1983.

The definition of "executed agreement" refers to a document embodying the terms of the regulated agreement. When this is read with regulation 7 - for agreements that have been varied - a copy of the origional agreement would not embody it's terms. A copy of the agreement as varied would embody it's terms.

 

it then goes on and on just really driving the point home about the varied / non varied agreements.

 

"to address any issues about our lack of compliance with section 60 of the act. Section 60 relates to the form and content agreements. All Barclaycard credit agreements are in compliance with this. You may state that the application form which we provided you, for reference , when you made a request under section 78 does adhere to section 60. This is not a complete copy of your application form, but rather an excerpt to show you signed a contract with us. When you completed your application form, the document would have been presented to you in full, in legible form, and would have adhered to the requirements under section 60 olf the act".

"I hope this letter has helped with your concerns about the documents you have been supplied with under section 78 of the concumer credit act 1974. As our response fulfils the obligation under section 78 of the act, you should carry on paying the debt you have accured on your account. We do not class the account as in dispute, you have been supplied with the relevant documentation under section 78 of the act and we will carry on with collection services. If you send us further corresspondance questioning compliance with these areas of law, we are not obliged to respond beyond the statutory response we have already given you. We would require you to provide comprehensive legal and documentary evidence to support yoour claim to ascertain whether response from us is necessary.

Yours sincerely

Lynne T

 

Barclaycard customer services.

 

Anyone got any ideas on this?

They sent a final response and some screen prints last time and now they are sending me this. The application form they refer to in the letter was doctored and LOADS of things wrong with it including dates being wrong (by two years) and they also sent me their current cca.

Anyone got any ideas as what to do now???

[Zorro01]

Bump:confused:

[the_shadow]

If they have not complied with the s78 request fully then the only thing you can send is the account in dispute letter, but please bear in mind it doesnt matter what you send them they will NOT accept their is a dispute and will carry on with the collection process/defaulting you etc.

 

S.

[Zorro01]

what about cpr route. is this a viable option?

[the_shadow]

what about cpr route. is this a viable option?

 

It is but Barclaycard will not give you your agreement unless you are prepared to take them to court for it.

 

S.

[Zorro01]

Thanks S

I am so ready for taking them to court. I will look into it.

Also I would like to know how to go about getting a court order to get HFC bank to send me my SAR. see here--> http://www.consumeractiongroup.co.uk/forum/hfc-household/209351-wheres-my-sar-hfc.html

Do you have any knowledge of how to kick start this. I don't know where to begin and you have been around the forum much longer than I have and I could really do with some advice on this.

[the_shadow]

Thanks S

I am so ready for taking them to court. I will look into it.

Also I would like to know how to go about getting a court order to get HFC bank to send me my SAR. see here--> http://www.consumeractiongroup.co.uk/forum/hfc-household/209351-wheres-my-sar-hfc.html

Do you have any knowledge of how to kick start this. I don't know where to begin and you have been around the forum much longer than I have and I could really do with some advice on this.

 

Responded on that thread.

 

S.

[Zorro01]

cheers the shadow

[Zorro01]

ignore this - just trying to get my sig working

[slick132]

Hi Zorro,

 

Your signature will appear on some posts but not others. Whilst I believe you can opt to omit your sig're, I don't think there's an option to include it with every post.

 

Site Teams' sig'res appear on every post made.

[Zorro01]

Oh well thats ok. Cheers slick.