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Exclus

Have B/Card complied with SAR

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Hello All,

 

Need some advice on what, if anything, I should do now.

 

A few weeks ago I sent B/Card a CCA request and all they sent back was two copies of the terms and conditions applicable when the card was taken out in 2001.

 

I have since sent them an SAR asking for all the data they hold on me, to include credit agreement etc (got the SAR from here and ammended to suit). B/Cards reply is to send on a bunch of statements from 2004....nothing else, with a letter saying that 'The information we have enclosed relating to this account is all that we hold'

 

Confirming that they do not hold anything else, ie credit agreement, surely makes this an unenforceable case....am I correct? Should I now point this out or wait to see if any enforcement action is taken?

 

Any help would be appreciated.

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I'd be tempted to send them Scots letter below & see what their response is;

 

Re: my request under the Consumer Credit Act 1974

 

Thank you for your recent letter sent to me, the contents of which are noted. I appreciate your quick response to my original letter. However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974.

 

The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter.

 

My request remains outstanding. The items you sent in your reply, does not constitute a true copy of any credit agreement that may or may not have been signed by me on the opening of this account. It neither confirms that I am liable for any alleged debt to you, nor gives me any chance to evaluate whether any original agreement was ‘properly executed’.

 

I still require you to send me a true copy of the original credit agreement that you allege exists. As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.

 

You had until XX/XX/2008 to provide me with the true copy I requested. You are now in default of my request. Any account I hold with you is now in legal dispute. Whilst the account remains in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agency.

 

To register information with a credit reference agency, you must have written consent from the customer to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.

 

The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office

 

To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Whilst you remain in default of my request, you are not permitted to take any action against this account. This includes adding further charges and passing any information to the credit reference agencies.

 

Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me.

 

 

I look forward to your reply.

 

Yours faithfully

Print name do not sign

 

**amend to suit your circumstances.**


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There should also be copies of their own SAR printouts. These have all the details about your account, personal details changes of credit limits etc.Mine had details of calls they made to me re PPI which were very handy:). They should aslo include copies of any letters they have sent you.

 

 

If you haven't got the DATA printouts and letters, and if you asked for the CCA then they haven't complied with your SAR. Send them a non compliance letter asking for the rest of the DATA.

 

Good luck

Wils

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Thanks for the prompt replies, and I'll send them Scots letter just adding that they have not also complied with the SAR.

 

The help offered by fellow Caggers is really appreciated as it's good to know that you are not alone when fighting the might of the big banks.

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In response to the SAR.....then once it hits the 40 days, and they haven't sent you the remainder of the information (should they have enclosed more than just one years statements ?)....then a letter before action might be a good idea OR reporting them to the ICO...have a look at this Letter Before Action as an example....(the CCA request is a legal request, the SAR is a request for information) Have a look here - http://www.consumeractiongroup.co.uk/forum/general-debt-issues/178660-blackheath-loans.html and here - http://www.consumeractiongroup.co.uk/forum/lloyds-bank/49571-havinastella-lloyds-tsb-3.html


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