Vanquis SAR response

[HE WHO DARES WINS :-)]

Hello

 

A little while back i sent a SAR request to Vanquis, main reason being that i wanted to tot up all the charges they had whacked on my account and try and get them refunded.

 

Have just received a whole load of information from them (poor trees!), however i have yet to come across any sign of my signed agreement.....are they not supposed to send everything they have on file and wouldn't this include the credit agreement???

 

Could someone please advise on this?

[lickthewallfatboy]

yep

 

everything

[mrmarmite]

Just 1 question, Did you apply for the account by post or apply online?

if by post then yes everything, if online you prob only get T's & C's

[HE WHO DARES WINS :-)]

Gosh it was a couple of years back now, i am sure i got something through the post though but really can't remember. Either way there is no contract t's and c's no example of a contract or anything like that just print offs from their screens.

 

Should i cca them as well?

 

Or should i say the SAR request didnt provide me with my original contract?

[GamekeeperToPoacher]

Just 1 question, Did you apply for the account by post or apply online?

if by post then yes everything, if online you prob only get T's & C's

 

 

Hi MM apologies for the quick question to the OP but What if the account was opened by telephone?

 

GK

[payback68]

Having opened a CC account with Vanquis no less than 10 months ago to repair my credit rating/status i applied online and was accepted, however they only supplied T&C's via post. Not quite sure what the legalities are with respect to applying by post as opposed to online are really, as Mrm says.

[HE WHO DARES WINS :-)]

OK

 

Having sent a letter stating that they have not satisfied my SAR request i have finally received a response from them.

 

Quite a long winded letter but basically they are saying the following:

 

1. "That a request under the above does not include copies or transcripts of all telephone calls, copies of enforcement or default notices, copies of credit Agreements or copy statements"

 

2."If i require copies of statements they are available on request at £5 per statement"

 

3. "you are requesting a copy of your credit card agreement together with a copy of the terms and conditions. The doc. that you appear to be requesting is under section 78 of the consumer credit act and the statutory fee of £1 is required for this service"

 

They also twitter on about having satisfied and fulfilled their obligations ... blah blah blah.

 

They also kindly state my new total amoutn outstanding which has shot up at an alarming amount!

 

I have no idea what to do next can someone please advise.

 

As already queried on this, i thought a SAR was mean't to include everything they hold on me......is this not the case, is there a loophole they may know of?

 

What on earth do i do next????

[mrmarmite]

Hi MM apologies for the quick question to the OP but What if the account was opened by telephone?

 

GK

 

I really hope u kidding, if not they must be desperate to throw their money at everyone

[mrmarmite]

OK

 

Having sent a letter stating that they have not satisfied my SAR request i have finally received a response from them.

 

Quite a long winded letter but basically they are saying the following:

 

1. "That a request under the above does not include copies or transcripts of all telephone calls, copies of enforcement or default notices, copies of credit Agreements or copy statements"

 

2."If i require copies of statements they are available on request at £5 per statement"

 

3. "you are requesting a copy of your credit card agreement together with a copy of the terms and conditions. The doc. that you appear to be requesting is under section 78 of the consumer credit act and the statutory fee of £1 is required for this service"

 

They also twitter on about having satisfied and fulfilled their obligations ... blah blah blah.

 

They also kindly state my new total amoutn outstanding which has shot up at an alarming amount!

 

I have no idea what to do next can someone please advise.

 

As already queried on this, i thought a SAR was mean't to include everything they hold on me......is this not the case, is there a loophole they may know of?

 

What on earth do i do next????

 

they talking out their rear end dude, SAR means ALL information they have on you and NOTHING LESS, barclay tried this on with me (fair enough they sent what i needed) but they didnt comply to full extent so took em to court for their FULL compliance,

 

I then got EVERTHING including "rough" transcripts and telephone calls

and as a bonus I wanted £50 for non compliance and my time and i got it

 

stick to it, if u gotta take em to court for failing to comply with their legal obligation all u gotta do is force them to comply, they will soon cough up all the info when i get home i'll post my POC i done for barclays and u can use that to suit you.

[HE WHO DARES WINS :-)]

Hey Mr Marmite

 

Thanks for replying. This is uncertain territory for me so i always worry that they know something u dont. They are so devious and its really winding me up with all the charges they keep slapping on top, i haven't used the thing for over a year and the thing that pushed me over the limit was their frigging charges!

 

Just wish they would comply with what they are supposed to without all this faffing!

[mrmarmite]

ok, have they sent the credit agreement?, if not do seperate letter for a CCA request and enclose £1 fee, if they fail to provide the agreement within the set time you can legally stop paying them and this THEN places the account into legal dispute, THEN they will bug you like hell (put up with it) and let them default you (which they will) THEN you kick up stink coz they defaulted you on an disputed account (lots of fob off letters) THEN you go in for the kill.

You take them to Court for damages and compensation for min of 1k (seems to be going rate) and you also request via the court (as they DO have the power) to completly remove ALL information they entered against you with the credit agencies (this is done by sections under the data protection act)

 

main thing to realise (with the correct guidence (and not just off me)) as long as you STAY within the law you are safe, it is them (and all the other banks) who "Choose" to ignore the law to suit themselves. they will threaten you left right and center there no question, so when it goes to court (never happens providing u stick to your guns and dont move an inch) you got em by short and curleys.

If they phone you like hell? simple, tell them to stop or u take em to court for harassment (done this 1 meself ) under the protection from harassment act. vanquis will do this for a while and they will sell account to Cabot, you will go through agro again but cabot are good for personal responses by letter rather than usual template letters (takes up to 8 months-ish) they EVENTUALLY pass it back to vanquis and it will go quiet (as it has done for me now for like 3 years).

 

I will be happy to post letters I have sent but it gotta wait till begining of next week as me 300 odd miles away from home and dont carry me threat letters around with me (make note to ones self, trans temp/lett folders to laptop)

 

hope it sorta makes sense, me away quiet time no kids no wife so whacking the beer a treat

[mrmarmite]

p.s yes they like winding you up, devious? errrr nope, all they doing is relying on the fact you dont know your true legal rights (exaclty same as debt collectors)

 

all you gotta do is follow through.

[HE WHO DARES WINS :-)]

Sorry haven't replied for a while, been in hospital for a while.

 

I came out to a statement and a pathetic response to my telephone harrassment letter.....

 

Anyway, looks as though they are going to carry on adding charges despite the fact they haven't complied.

 

If i send a CCA request though isn't that playing into there hands and more or less saying that they have complied with my SAR request. I went direct with the whole SAR thing as i didn't think they would send a proper copy anyway and i would just end up having to send them a SAR request....

 

Surely they are now in default through not fully complying with the SAR request?

 

sorry if i am reambling, heads not quite back on planet earth at the mo!

 

Basically what i am asking is.......isn't sending a CCA request after having sent through a SAR request kinda like a step backwards, and also isnt it playing into their hands in the sense that it means i bought the Bulls**t that they twittered on about in the response to my non - compliance letter to my SAR request.

[ScarletPimpernel]

Send them a letter before action for failing to comply with your SAR - then take them to Court and get an order to comply and damages at the Court's discretion. It's black and white - they must send you all data they hold, including statements, and they have admitted that they have not done so.

[HE WHO DARES WINS :-)]

Thanks SP

 

I will do this i think. My credit limit was £500 and with there cahrges (purely their) charges it is now over £1k that i owe them.

 

As you say it is there in balck and white that they haven't complied.

 

Thank you

[B3rty]

I had the same with Citi who sent me a copy of the data contained in the CCA...I complained to the ICO who said they were within their rights to do this as they don't have to send a photocopy of contracts just the data contained within it...

 

This is what the ICO quoted from the DPA

 

8 Provisions supplementary to section 7

(1) The Secretary of State may by regulations provide that, in such cases as may be prescribed, a

request for information under any provision of subsection (1) of section 7 is to be treated as

extending also to information under other provisions of that subsection.

Data Protection Act 1998 (c. 29) Page 8 of 71

Data Protection Act 1998 (c. 29) 07/08/2008

(2) The obligation imposed by section 7(1)©(i) must be complied with by supplying the data subject

with a copy of the information in permanent form unless—

(a) the supply of such a copy is not possible or would involve disproportionate effort, or

(b) the data subject agrees otherwise;

and where any of the information referred to in section 7(1)©(i) is expressed in terms which are

not intelligible without explanation the copy must be accompanied by an explanation of those

terms.

[diskmandave]

They gave in after one letter with me..

 

http://www.consumeractiongroup.co.uk/forum/other-institutions/162768-diskmandave-vanquis.html

 

Good luck with it!

[mrmarmite]

Thanks SP

 

I will do this i think. My credit limit was £500 and with there cahrges (purely their) charges it is now over £1k that i owe them.

 

As you say it is there in balck and white that they haven't complied.

 

Thank you

 

Yup Black and White

As said send LBA (by recorded delivery) giving them last chance and off to Court you go. Bet you £50 you will get the info within 4 days of them getting the summons. MAKE SURE you note the date you receive the SAR coz they will try getting out of it by claiming they sent it before they got the summons.

 

put costs in for £50 to £100 (at the courts discretion) like i did with Bcard.

JUST REMEMBER once you start you MUST follow it through to the end and IGNORE what defendant tells you as it will only be a ploy to make you drop the case.

 

Enjoy

[mrmarmite]

I had the same with Citi who sent me a copy of the data contained in the CCA...I complained to the ICO who said they were within their rights to do this as they don't have to send a photocopy of contracts just the data contained within it...

 

This is what the ICO quoted from the DPA

 

you lucky then lol, i sent cca off at point they closed the account, got reply claiming they not obliged (cough cough) not heard a peep since and that 2 years ago. JUST hoping I get sommit from some 1 bout it then i shall let it hit the fan

[HE WHO DARES WINS :-)]

Thanks chaps, will get on and do this and let you know how it goes!

[mrmarmite]

LETTER BEFORE ACTION

Section 7 – Data Protection Act 1998

 

Dear Sir/Madam

 

Account:

You have failed to comply with my Data Protection Act Subject Access Request dated 19TH January 2007.

 

If you do not comply within the next 7 days I shall seek a Court order obliging you to do so together with damages at the discretion of the Court and without any further notice.

 

This was all i sent for my LBA

[HE WHO DARES WINS :-)]

MM - thats great - thanks for posting that!

 

Short, sweet and to the point.....perfect!!

[mrmarmite]

i dont play the beating around the bush game

[mrmarmite]

as u can see that was dated back over 2 years ago lol, it DEFFO worth keeping everything

[HE WHO DARES WINS :-)]

I am very much of the same mindset, (with keeping things), only problem comes when i can't find what safe place i have put the info in!