barlaycard loan

[Jameson78]

Hi guys,

 

My first post after lurking daily for over two weeks now! This is an amazing website and I feel confident and empowered, ready to take on my creditors! Thank you!

 

I have noticed that two of my agreements have been set up in my nickname. For some unknown reason, the account has been set up in a name which technically does not exist - it is not my passport name. I would like to know if I can consider the matter is in default based on this extraordinary case of the agreement name not matching debtor’s name?

 

I am about to fire off a CCA request letter tomorrow and see if they even have the agreement. Thanks for your assistance!

[mr.ton]

If an account is not registered in your legal proper name then it has no legality to it whatsoever quite frankly.

[Pinky69]

How did they get your nickname? Did you give it to them as your name when you opened the accounts??

[Jameson78]

Wow!

I am aware that any monies paid to creditors are not recoverable once the account is in default. If the account has no legality due to this bizzare circumstance then I will cancel my direct debits immediately and post the request for my CCA tomorrow.

I have been paying over £300 to Barclaycard loans for over 4 years now, never missing a beat, until I came across this website which has enlightened me no end!

The really funny thing is that I bank with Barclays and obviously using my passport name, but somehow when i applied for the loan over 4 years ago, it was registered in my nickname (first name) which as i have said does not exist! I have no idea how this slipt through the control systems that are in place but it has! Also paying a small monthly payment to Credit Security for over 9 years, and that account is also in my nickname!! Its really amazing to think how this could be possible and i never questioned this!

I just hope Barclays Bank does not close my account due to this error I discovered with my Barclycard Loan - I'm guessing that the two are somehow linked?

[Jameson78]

Yes Pinky, As i remember I just told them my name and they opened the agreement. Maybe because my nickname shares the same initial as my Christian name's first letter. I really don't know - it's just bizzare and i have never thought about it in legal terms.

[Pinky69]

Wow! You had better be careful you don't get done for fraud for giving them a false name.

[Jameson78]

I think it is clear by meeting my monthly obligations for over 4 years I did not open the account in my nickname with the intention if taking the money and running... however, I feel that the onus is on the banks to check details as they are lending the money. I think I need legal advice! Any other suggestions would be greatful!

[heliosfa]

When you say nick name, do you mean something like "Jonathan" being shortened to "Jon" or "Jonny"?

 

Or something a bit different?

 

H

[Jameson78]

more like Farrah Jameson on passport and main bank account but agreement set up as Freddy Jameson

 

Surely could not be deemed as intentional fraud??

[Jameson78]

Hi guys,

 

Here is my SAR request letter I will send out on tuesday. Do I need to sign it? I read somewhere on the board that we are not required to sign anything in relation to endings of letter to DCA and creditors, does this extend to the SAR request?

 

 

Data Protection Act 1998 - Subject Access Request

Dear Sir/Madam

 

Re: − Account Number: xxxx xxxx xxxx xxxx

This letter is a formal request to kindly supply me with all data that you hold on me. This includes in particular, but is not limited to, the following:-

1. The original signed, executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

3. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with ORIGINAL CREDITOR.

4. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

6. Details of any collection charges added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

7. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

8. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

9. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

10. Copies of statements for the entire duration of the credit agreement.

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

I look forward to hearing from you.

 

Yours faithfully,

[count orlok]

Just get a signature off the net and change it a little, or use a hand writing font. You do not need a signature even if some insist on it, so a "dummy" one may keep them happy. As an added bonus if any of the documents turn up "signed by you" with the dummy signature I think you will be in a very strong position

[Jameson78]

alrighty

[F_DCAs]

Agree with the dummy signature idea. In fact, I would urge every one who sends a letter back to a DCA/creditor to do this. Excellent way to catch out attempted fraud by way of forged agreements - which we all know these companies aren't above doing.

[maroondevo52]

Hi, Jameson78.

 

Always better to SAR the Origional Creditor.

 

Regards.

 

Scott.

[GhostDebt]

There is no legal requirement to sign a subject access request.

Check ICO website to read their guidelines.

However they will probably reply saying it hasn't been signed and to sign it.

Best bet is to use a digital signature or an anti tamper signature.

[BankFodder]

http://www.consumeractiongroup.co.uk/digitalsignature.php

[Jameson78]

I think i'll just draw a simple swirl and send it. (It's going to Barclays)

 

Thanks

[Jameson78]

Just received a reply to my SAR request. It's hilarious to think that they confirm recieveing my SAR request but pretend I never sent them the £10 Postal Order which I referenced in my letter and typed the voucher number too! Thank God I photocopy everything I send to these people!!!

 

What they hell are they thinking by asking for payment. Do you think I should copy my reply to Trading Standards or somply send them the photocopy and warn if they don't comply I will escalate this to the BO and TS?

[42man]

Wait until the 40 days are up to comply, then send them a LETTER BEFORE ACTION giving them 7 days to comply, enclosing a copy of the original request.....you can either take them to court as this person did - http://www.consumeractiongroup.co.uk/forum/lloyds-bank/49571-havinastella-lloyds-tsb-3.html - or let the ICO deal with it (but this can take ages !!)

[42man]

Example of a letter before action here - http://www.consumeractiongroup.co.uk/forum/general-debt-issues/178660-blackheath-loans.html

[lickthewallfatboy]

tell them to get off their arses as the clock is ticking

 

any more crap,refer them to the ICO

[Jameson78]

Unbelievable!

Edited September 26, 2009 by Jameson78

[Jameson78]

Just recieved a second notice of default. Any ideas on what to send barclays?

...an agreement is deemed as “irredeemably unenforceable” under section 127(3) of the Consumer Credit Act 1974 then a default cannot be made.

If I state this is a formal complaint at the top of the letter, do they have to follow the British Banking Code - Section 15? That should make them realize that they are breaking the law by issuing the default whilst the account is in dispute. Is that a good body to quote?

The good news is that the phone calls have stopped thanks to the telephone harrasment letter.

[vint1954]

Is it actually a Default notice or a notice of default.

 

Does it mention s 87 anywhere.

 

20 Guests? Must be a record.

[Capricorn1601]

whats the difference vint?