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BarclaysSAR

Barlcays fail to reply to SAR and now sell details to DCA

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Hi All

 

I'm new to CAG, and need some advice. Barclays defaulted me and then terminated my loan agreement. I was not happy with the amount they said i owed, so i sent them a SAR.

 

Barclays have not replied to my SAR and have now sold my details to a DCA.

 

My question is this, because they have not replied to my SAR and i have informed them that the agreement is in serious dispute, can they then sell my details to a DCA.

 

I have looked through the site, but there is so much info i think my head is going to explode, :confused: so any help will be appreciated

 

Regards

BarclaysSAR

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Hi,

A SAR is just a request for information and that doesn't stop the bank doing what they have done.

How far past their 40 days are they?

Did you send the SAR by recorded delivery?


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Hi silverfox1964

 

They are about 18month overdue, they admit receiving it.

 

Regards

BarclaysSAR

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Ruddy hell!!

I would write and give them a further 7 days from receipt then go to the Information Commissioner. Even though they are SOOO late, you still need to be shown to be reasonable.

Did they ever give a reason why they have failed to comply?

 

You say the agreement is in serious dispute. How do you quantify that statement?

There are two ways to put the agreement into dispute.

1 when you have put in a claim for charges back (was this a bank account or a credit card?)

2 after you have CCA's them and they have failed to comply.


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Hi Silverfox1961

 

They claim to have only received a letter for a statement, but cashed the postal order. Also they have never replied to my CCA either, DCA claim to have done nothing illegal, but the fact that Barclays have not replied to any off my letters i would think is illegal and so cannot sell my details.

 

Regards

BarclaysSAR

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ps

forgot to mention, i did write back after about 60days but no joy.

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Barclays really don't care once they got you to sign on the dotted line, a million and one things could be wrong, they don't care. You need to be pursistent and complain to the OFT, if only to lodge a complaint.

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I would send letter 17 from here:

http://www.consumerforums.com/resources/templates-library/86-debt-collectors.html

to the DCA

 

There is also letter 20 here:

http://www.consumerforums.com/resources/templates-library/48-bank-templates.html

That you could use to send to BC


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Hi Silverfox1964

 

I agree, as when previous DCA's contacted me, i informed them about the situation and then returned my details to Barclays. But this DCA have brought my details so Barclays are wiping their hands.

 

My ace card is that on the default notice, the total they claimed i owed when added up by me was wrong by £970. as it was agreed with Barclays that i would pay £100 per month i have actually paid all arrears off. So since they terminated my agreement, i read somewhere on the site that they are only entitled to the arrears which have now been paid, so if DCA take me to court, they have no case 'I hope'.

 

BarclaysSAR

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Hi Silverfox1964

 

BarclaysSAR

 

Blimey, I'm getting younger by the day :D

 

I don't understand what you are saying about the default notice.

If the default notice is asking for arrears only (even if they include charges) but the layout is correct and the timings correct then it would be accurate


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Hi Silverfox1961

 

4 above the 1 on keypad, they claimed in the default notice outstanding balance everything included: £3900+ but when added everything up total balance was say £3000. Plus only 12 days notice as 2 days post not taking into account.

 

So how am i suppose to know correct balance is they send me incorrect balance on default notice.

 

BarclaysSAR

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Hi BSAR,

 

If the DN claimed repayment of the full amount of the loan, and not just the arrears, it is inaccurate.

 

It's also inaccurate if the DN contained any unlawful penalty charges.

 

Do as SFox says and chase for an urgent response to your SAR.

 

If not rec'd within 7 days, send a formal complaint to the ICO.

 

:)


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Hi Slick132

 

Thanks for the reply, do you know if on the termination notice, they must give a date for final payment, or can they just put amount owed on?

 

BarclaysSar

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Hi BSAR,

 

Sorry I don't know about the Termination Notice but I'm not sure it's all that relevant in your case.

 

Maybe SFox or others can comment further.

 

:-)


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Sorry I didn't reply yesterday. The site was having an upgrade-again!

 

As far as I am aware, the Temination notice doesn't have to comply with any strict layout nor does it have to state a date to pay.


If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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