hfo, sent photo of my house.

[whatdoido]

hi all

just received this letter from barclaycard and when i phoned and explained they must have got £10 po because it was in the same letter they said they would only send me a SAR if their agents (HFO) ask them to. I told them they are the OC and I have a right to this information but they said no, only if HFO ask them to send it to me

 

Any help please!!!

Edited November 9, 2010 by whatdoido
added link

[NailPost]

Barclays are talking bull manure. HFO are their agents and they act for them, not the other way round. Send them the £10 and if they refuse to comply ask the Info Commissioner to take a look.

[DonkeyB]

Hang on... so you DID send the £10 as a postal order? Then they must comply. Make this clear to them. Did you keep a copy of the PO number?

 

HFO are NOT their agents – that is an interesting comment. In regards to this account, Barclaycard is the original creditor and the account has been assigned (supposedly) to HFO. If there is a client/agent relationship going on here, then I think they should explain what they mean.

Edited November 9, 2010 by DonkeyB

[coledog]

Have they accepted that the PO has been received? Do you have the PO receipt with the number on it and you can check if it has been cashed.

 

The person on the phone is talking absolute rubbish - HFO are not their agents and anyone under the DPA can request your personal data from anyone else at any time. They are probably overwhelmed by the number of requests they are getting. Poor dears ahhh!

[DonkeyB]

If you must phone people, record the calls! It’s all evidence.

[whatdoido]

yes ive got the postal order receipt, but theyre saying theyve got no record of it, only the SAR letter which theyre saying i should have sent to HFO. They will only accept a SAR from their agent (HFO) and not me, so I am right that BC should send me this information? Will resend SAR and another £10 postal order tomorrow, is that correct?? thanks

[DonkeyB]

You are right – as others have said, the SAR goes to Barclaycard. It is absolutely nothing to do with HFO, nothing at all. You must continue to push to get exact date of assignment and name of assignee from Barclaycard, as well as copies of DNs, etc.

 

You can check whether the PO has been cashed on the post office website (a google search will find it).

 

Regarding the issue of the relationship between certain companies, I started this thread a few days ago to highlight relationships like this, which, if they are on an agent/client basis AFTER an assignment, are improper:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?283075-Has-an-account-REALLY-been-assigned-when-the-OC-gets-a-kickback

Edited November 9, 2010 by DonkeyB

[coledog]

Fair enough but I would say that you did enclose PO Number xxxxxx and will be tracing the encashment of this and also that you wish to complaint in the strongest possible terms about their failure to handle this correctly and that you were informed over the phone that BC were not responsible for fulfilling this request. Inform them that you will expect the SAR information to be forwarded to you within 40 days of the receipt of your first letter and you will be reporting the matter to the Information Commissioners Office. Ask for a copy of their formal complaints procedure.

 

Pratts (IMO)

[dadofholly]

DONT send another PO - check if the other has been cashed first - if it has then come back here and i will give you a template letter informing them that they have failed to respond to your SAR request.

[dadofholly]

What address did you send the SAR to?

[broken arrow]

Can you post the second page from the letter you received today.

[Bazooka Boo]

Agreed that the ICO should be informed of their miserable attitude, but in light of the amount of paperwork and complaints they are dealing with, as well as lodging a complaint with them have a read of the following link and follow the advice on there, either way Barclays are not on this planet and there is a plethora of organisations I can think of who should investigate their lazy ways, however that can be done at a later date, first things first is to show them the error of their ways and get the info you legally requested.

http://www.consumeractiongroup.co.uk/forum/content.php?593-Data-Protection-Act-Non-Compliance-Template-Letters

 

As you have already sent them the correct request with payment, there is zero need to send it again, OR any subsequent payment.

Once they have had the LBA or time extension, after all they are not outside of the 40 days yet?

Then lodge formal complaints with the OFT&TS via http://www.consumerdirect.gov.uk/contact

And the FOS http://www.financial-ombudsman.org.uk/consumer/complaints.htm

[DonkeyB]

Any updates on this?

[sillygirl1]

Barclays seem to have shot themselves in the foot with this lot - I still cannot believe that these debts sat on one side without any action for three years (they claim to have bought them in late 2006/early 2007 in most cases) before being chased.

 

Surely somebody must have realised they had more chance of getting money the 'newer' their claim was, now it has been left many of these debts are statute barred due to the date of the last payments on them (not from CONTACT by letter as HFO have recently been claiming - the sad planks think that writing to last known address every few years resets the statute of limitations!).

[DonkeyB]

It’s an object lesson in how NOT to run a company properly. Couldn’t happen to nicer people.

[whatdoido]

Yes Donkey B, received this letter today from Barclaycard with pages and pages of statements and nothing else. Another letter needed i think, can someone tell me which letter template to send and which documents should i ask for in particular.

Im still non the wiser as to if and when it was sold to HFO. Last payment i made was January 2007

 

Good news tho, ive not heard a peep from HFO yet.

 

[DonkeyB]

Write back and tell them they have not fully complied with your SAR. Ask specifically for

Default Notice

Termination Notice

Details to exactly whom and when the account was sold.

[coledog]

Try this

 

Dear Sir/Madam

 

Account:

 

I am in receipt of the documents that you have supplied in response to my Data Protection Act information request dated --.--.-- The disclosure of personal data is incomplete in that at least the following documents are missing.

 

 

1) You have failed to provide a Default Notice and Notice of Assignment

2) You have failed to inform me to whom the account was sold. Please note that this must include company name, company registration number, full address and telephone numbers. Also the exact date on which the account was sold.

3) You have provided no notes, or documents relating to instances of manual intervention.

 

This is not an exhaustive list by any means, it is just an example of some of the information I am missing.

 

Accordingly, I have to tell you that you have not yet complied with your obligations under the Data Protection Act 1998.

 

You have a further 24 days to comply.

 

Yours faithfully,

 

-------------------

[babybear39]

And don't forget to thank them for the piccy of your house

[whatdoido]

Thankyou all, will send another letter

[42man]

You need to wait until the 40 days are up before requesting any information that is missing as quite often you will get further paperwork before the 40 day deadline is up. However once that 40 days has gone, you send a recorded delivery LETTER BEFORE ACTION,, enclose a copy of your original SAR, and give them a further 14 days to reply, if that is all they hold on you then you should request they confirm this. - there is an example of a LBA here for a SAR. - http://www.consumeractiongroup.co.uk/forum/showthread.php?178660 if they haven't responded after the 14 days then, you can either take them to court where if successful the judge will award you compensation or you give it to the ICO (which could take months) - more useful links here - http://www.ico.gov.uk/upload/documents/library/data_protection/practical_application/taking_a_case_to_court.pdf and these - http://www.consumeractiongroup.co.uk/forum/showthread.php?49571 - http://www.consumeractiongroup.co.uk/forum/showthread.php?200771

[coledog]

Appreciate this, 42man, but the simple reminder letter does seem to be working and a number of people have used it to get at the specific information they need before going down the official route! It maybe that they are intending to send more docs but this is a way of keeping at them

[whatdoido]

Spoke too soon .... here is a copy of todays letter received from HFO. Also sent me another copy of my e-consumerview credit report, a copy of pre-approved application loan and a copy of the email BC sent to them (which must be the letter of assignment of debt mentioned in point 1 of todays letter) copy of this email is post 162 on here.

Urgent advice please as theyre saying its going to their litigation department on 29th November.

[DonkeyB]

Well, they still insist that HFO Capital owns your account. How silly of them.

[coledog]

They sent you an application form didn't they? May be time for a CPR request if they are threatening legal action. Also did you make a complaint to Experian and OFT about the use of your data in this way?