DPA Request - Address for Barclays

[Azazal23]

Whats the address to write to for a DPA request

[Janet-M]

Please see contact details in this section.

[Azazal23]

With regards to the manual intervention issue, if you know there has been manual intervention on your account, could the fact they failed to provide you with it class as failuire under the DPA disclosure? Just asking as ive just rec my DPA info after 41 days but no manual intervention info and i kniow its there

[Azazal23]

CCA Barclays and they have sent me a copy of the termination noice, at the top it has no date. The end has 16 Sep 04 and no signature.

 

Now i have check my credit report and its says they defaulted me on... yes 16 9 04

 

In effect they have given me no time to settle the account, the letter clearly says 14 days.

 

a. Do i have a shot at getting this removed, a its not a signed copy of the notice.

 

b. They cleary gave me no time to settle the account, registered the defult before they had even sent the notice (which i didnt receive)

 

They have sold the debt, but say they do not have to produce a deed of assignment as property was not held as security against the debt

 

Can anyone advise please

[Azazal23]

can anyone help?

[lookinforinfo]

Azazal, perhaps one reason for the lack of response is that we are unclear of the meaning of your first few words.

Do you mean that you sent barclays a CCA request, and all they sent was a copy of their termination notice?

I wouldn't have thought that you could rely on that copy as being proof that

it was the day of termination since it is devoid of signatures and you would

expect that there would have been an accompanying letter.

 

If you want to obtain the actual copy of the default and termination notice

and the deed of assignement, your best bet would be to send them an SAR

and see what is included.

 

What are you hoping to achieve from Barclays?

[Azazal23]

very sorry for the misunderstanding. Yes basically they sent me the termination notice. But no mention of default on it. Also the termination notice was dated the same day as the Default was registered. It was also unsigned.

 

Well i owed then about 3k, around £700 was made up of bank charges whoch i was disputing. The debt has since been sold onto a DCA and i have sent them a CCA request have not acknowledeged the debt but am happy to pay what i owe.

 

The facts now seem to be.

 

A. They have sent me a termination Notice unsigned and dated 16/9/04 -

B, My credit record says this is the date i was defaulted it also says this is the date the debt was satisfied (i.e sold to the DCA)

C, They stated with regards to the Deed of assignment "is not applicable as your property was not held as security against this debt"

 

I definately did not receivce any default notice, so i need to know if a termination notice will suffice.

 

Also given that the Default was entered before i would of even received the notice (even if i did) how can i go about getting the defult removed.

[lookinforinfo]

Azazal, I go back to my original point that until you get the actual copies of the default notice and the termination, since you will then see the actual day of issue for each notice, it is impossible to say when they were issued.

The Act requires that there should be a minimum of seven days notice.

Should that not have happened here, I do not know what the result of that

could be. I doubt that it would void the debt, but it might mean that the

transfer of the debt should be reversed. Don't know if that would make a

difference.

You will be very hard pressed nevertheless to get the default removed as

long as there is a debt outstanding. And even if you did get it removed, they

could go straight back and apply for another one, and the six years would start all over again.

 

If you are going to contest the default, it would be better to clear the debt first, then query the timing of the default and termination notice.

 

Was the termination notice all you received when you sent the CCA request?

[Azazal23]

Yes i only recived that along with a cover letter telling me why they would not/could not supply the Deed Of Assignment.

 

The debt has been sold on which is fine, and my credit record reflects this the default is not showing settled. I am negotiating with the DCA to come to a settlement figure.

 

Now i thought the CCA request, would have made them supply the Default Notice which is what i asked for. What happens if they cant supply the default notice?

 

Do I ahve to SAR them now, as they ahve failed to provide the Default Notice

[rosierose]

Azazal23

 

I hope you don't think is is Hijacking, but it has some relevence to your post.

 

This may well need some clarification but IMO a termination notice and default notice have very different meanings under the Act. Terminiation notices are to do with HP type agreements and are issued to recover goods etc. We all know what a default notice is for.

 

Terminating an agreement will do just that - I would think any money owed will just disappear into the big fiscal void. The lifetime of an agreement can continue beyond default, but not termination.

 

The fact that many people use these terms interchangeably doesn't necessarily make it true.

 

Anyone?

[Azazal23]

I would agree too. I can accept that i owe money, but not to them to the DCA. They sent me a notice to terminate my account, not notice to file a Default. which they had already done by the time they had posted the letter.

 

Now if i may here is the jist so far.

 

Default was registered on my account on 16/9/04 - No Default notice was sent

 

According to my credit record the debt was settled on the 16/9/04.

 

According to the termination notice, i had 14 to payup. How could they have registered a default if the account was paid within the specified time. even if they had sent the notice which they did not

[lookinforinfo]

This is what the Consumer Credit Act states

 

DEFAULT AND TERMINATION

Default Notices

87.—(1) Service of a notice on the debtor or hirer in accordance with section 88 (a "

default notice ") is necessary before the creditor or owner can become entitled, by

reason of any breach by the debtor or hirer of a regulated agreement,—

(a) to terminate the agreement,

 

The default notice must be sent out first giving a minimum notice of seven days to the debtor or hirer of the intended action.

When they say termination, what they mean is that they will be assigning the debt to another company, so while the agreement will be terminated in

their accounts, the debt will still be owing and due to the new owner-who

acquires all the rights and duties of the original creditor.

 

In actuality, you should not have received the termination notice when you

asked for the CCA request. Bear in mind that as you have not seen the deed of assignment, you do not know when the debt was transferred. It may well

be just a clerical error that the default and termination date are the same.

They may have entered the termination date as the date of the letter rather

than the actual termination date .

I don't think you can say with certainty that they didn't send you the default

notice, all you can safely say is that you didn't receive it, which is not quite the same thing.

 

I did ask last time what else you received from your CCA request. Did you

get a copy of the original agreement and if so, was it delivered within the

correct time scale?

 

If you send Barclays the sar, you should get the deed of assignment and the

default notice along with details of all the charges they applied on your account so that you can reclaim the unlawful charges, making for a lower

debt figure with the DCA.

[Azazal23]

I received nothing else apart from a covering letter stated they were not sending the Deed of Assignment for the reason i have previously stated.

 

When you say "did i get a copy of the original agreement" do you mean the original bank/credit agreement i signed when opening the account if so no i did not recieve that either.

 

The charges thing i will tackle seperatley, that will be pretty easy to sort out. Its the default i want to focus on. Since i never recieved the Default notice, if they fail to provide it after the SAR i think i will have a pretty strong case for it to be removed.

 

As you stated it was supposed to be sent before the termination notice. and there are discrepencies with regards to the dates

[Azazal23]

Right in addition they have also stated they ahve not sent a copy of the "alleged agreement" as i put it becuase it only relates to Credit regulated products i.e loans etc... My debt was in relation to a current account so this does not appy

 

But they did enclose copy printout of my closing balance

[lookinforinfo]

They are right-the CCA does not cover current a/cs. So to get the documents you want, you will need to send Barclays an sar.

[Azazal23]

OK will do that tonight. Many thanks and i will keep you al updated.

 

On a better note have had a letter from Welcome Finance confirming they will be removing a default they registered against me becuase they failed to adhear to the CCA request, could not provide the information. So it does show stick in there and you can get a result

[rosierose]

Right in addition they have also stated they ahve not sent a copy of the "alleged agreement" as i put it becuase it only relates to Credit regulated products i.e loans etc... My debt was in relation to a current account so this does not appy

 

But they did enclose copy printout of my closing balance

 

Doh! so that's why they sent you a termination notice!

[Azazal23]

I have type up the SAR, but Barlcays have been pretty ok so far with regards to gettig a response. I might just be polite and say thanks for the Termination Notice but i actually wanted the Defualt Notice can you send it on please

[Azazal23]

Barlcays have just called saying they will be happy to post a copy of the Default notice out but it wont have a signature on as they just are automatically generated on a "proforma"

 

I Will obviously check the date on it when it arrives, they said they will request a copy of the oringinal agreement i signed when opening the account but this make take several weeks.

 

Now the DCA who the debt was sold to had until the middle of Feb to respond to their CCA request and have failed misrably

 

Obviously my main concern is the removal of the default. I will post again when i get the default notice.

 

Can anyone tell me what must be on it as in (the date sent or issued) does it require a signature etc.,..

[file_wizzard]

Can anyone tell me what must be on it as in (the date sent or issued) does it require a signature etc.,..

There is no direct requirement for a signature to be included, the only requirements are that a notice should be compliant with S.88 of the CCA, namely;

 

88.—(1) The default notice must be in the prescribed form and specify—

 

(a) the nature of the alleged breach;

(b) if the breach is capable of remedy, what action is required to remedy it

and the date before which that action is to be taken;

© if the breach is not capable of remedy, the sum (if any) required to be

paid as compensation for the breach, and the date before which it is to be paid.

[lookinforinfo]

My argument with this practice of shelling out proforma notices is that there

is no proof that an actual default notice was ever sent. And a default notice

is a vital part of CCA legislation, which deserves to be properly delivered.

[Azazal23]

Yup my point precisly, they may send hundreeds out a day which is standard practice, but its very serious for the people who receive them. So when we do we deserve to have it properly executed and within the set timescale and guidelines if its not then i would say it has been wrongly issued and should be removed

[file_wizzard]

My argument with this practice of shelling out proforma notices is that there

is no proof that an actual default notice was ever sent. And a default notice

is a vital part of CCA legislation, which deserves to be properly delivered.

Unfortunately the data controller / creditor in question would substantiate this process by submitting a witness statement to the court stating that the process is in place and they have no reasonable cause to believe that a notice was not issued.

 

A little harsh, but unless the courts had serious cause to disbelieve this, or evidence to the contrary, then they would be liable to rule in the data controllers favour.

[rosierose]

My argument with this practice of shelling out proforma notices is that there is no proof that an actual default notice was ever sent. And a default notice is a vital part of CCA legislation, which deserves to be properly delivered.

 

I am just as concerned as you by this practice LFI. I can't back this up chapter and verse but someone at TS told me yesterday that "to send" in the act meant to send by standard post.

 

I am in the middle of a nasty little dispute with a ccp at the moment who say that they "sent" a copy of an agreement without ever having done so.

[Azazal23]

Yes it is very ad-hoc so to speak you would think before duffing someone s credit up for the next 6 years they would be a little more precise. The cost of sending a leter recorded delivery is £1 at least they wouold have proof it was sent, just add the extra cost onto the customer like they do everything else