Non compliance with Sar request.....

[kiltedman]

Hi guys, hope you guys can give me some advice, basically back at the end of last year my mum received a letter from JB Recoveries about some alleged debt. she had no knowledge of this so i Sent them a CCa Request with a cheque for the £1 fee. she got back a photo copy of some old credit agreement from 1998 but nothing else so we sent them a

Subject access request

with a cheque for the £10 fee. since then we forgot all about it as we have not heard anything from them.

 

Then my mother receives a statement from cl finance for £10,000. A statement nothing else. we sent them a cca request and heard nothing, then two weeks ago she gets another statement from them so again we have sent them a cca request, a subject access request and also a statued barred letter (because if she did owe any money its from back in 1998-) today she received a letter acknowledgeing receipt of the letter but they say that "we have been advised that you made a £10.00 payment towards this account on 08/01/10 by JB Recoveries who are instructed to act on our behalf. We therefore do not agree with your comments that this debt is

statute barred

and request that you contact us with your payment proposals by return."

 

Now the only £10.00 that has ever been sent was for the subject access request to jb recoveries. they seem to have sent nothing but used the money against the account. The £10.00 was sent by cheque from my account (not mothers) solely for the purpose of the request.

 

Any ideas what i can send to Cl finance and JB recoveries to try and settle this matter. My we have done a

SAR

request to the bank that the loan was originally taken out with, my mum is still with that bank so surely if she is meant to owe this money they would just take money from her account.

 

any help?

[coledog]

Hi

 

Do you have a copy of the SAR request and was it sent recorded? Did you state that the payment was solely for the purpose of fulfilling this request?

 

It looks like they have treated the payment sent as a payment on the account and you need to write back saying you do not acknowledge liability for this debt in any way and have made no payments. List the correspondence you have sent plus payments attached in your efforts to try and clarify this matter. Say that you did not receive a response to (whichever letters) and you will report the matter to ICO (in the case of the SAR as this was never fulfilled).

[silverfox1961]

Hi

I would write to JB with a formal complaint.

You sent them £10 as the SAR fee and it does look like they have credited the account. You want that £10 back as they failed to supply the data. You also want them to remove the said £10 from any payment record as that is not the reason you sent the money. You must report this abuse of process to the ICO.

 

Just another point, if a period of 6 years was up BEFORE 08/01/10, no amount of money would UN-Statute Bar it.

 

On another point, any SAR should go to the original creditor-not a DCA. One CCA request is all that was needed initially. Any further demands from a different DCA should be rebuffed with a letter telling them to bog off.

[kiltedman]

Both JB recoveries and Cl finance have both been cca'd and only jb recoveries came back with anything (photo copy of some old credit agreement from 1998). we have re cca'd cl finance and am waiting to hear from them. in the letter i send should i also ask for a copy of their internal complaints procedure then escalate it to ICO.

[coledog]

Yes - you should ask for a copy within your complaints letter. Send complaint to the most senior person you can find in the organisation and then it gets passed down the food chain rather than up it. Google the company and get some names, use Company House if necessary.

 

You should not keep sending CCA requests to each set of muppets. One is enough and then if the reply is insufficient, you tell the next mob that ..... have been CCAed and the account is still in dispute. There is a template for this in the Library above. A SAR to the OC is all that is required but if you have sent a SAR to anyone else they should still have responded.

 

Have you sent an account in dispute letter to anyone as you need to point this out. Keep all correspondence.

 

Remember, an account is Stat Barred if no payment or written acknowledgement (I acknowledge this debt) has been made within 6 years (5 if you live in Scotland) so work out the date when this would have been and inform anyone that the debt became Stat Barred on date xx/xx/xxxx - end of.

[kiltedman]

Is there any template letters i could send or do any of you guys have any idea how i should word the letters to jb recoveries for not complying with cca or sar request and to cl finance for not complying with a cca request and for disputing their argument about the debt not being statute barred. they say that because of the £10 fee (for sar) that jb recoveries used against the account this means that the debt is not statute barred. we are still waiting on the SAR request (the time limit is still running) which should show that the original debt was taken out in 1998 and was for 5 years (2003) as far as my mum is concerend it was paid, we have SAR'd the original lender (Bos) and wait to see what they send. but even if she stopped paying sometime before 2003 then surely the bank (which she is still with) would have taken money directly from her account and from 2003 till the first statement they sent was 6 - 7 years. hoping that when/if the comply with the Sar request cl finances documents will show no activity on account from before 2003 also if the original alleged debt was for -

 

Advance = 6000

Bos Creditcare Gold = 2737.92

Interest (flat rate of 7.0% p.a) = 3320.28

Admin Fee = 120

 

TOTAL PAYABLE = 12178.20

 

they are claiming = 10221.49

[rebel11]

Did you send your SAR Request Recorded, did you keep a copy of your SAR Request?

 

This is the perfect letter, you can add further points relating to:-

 

http://www.consumeractiongroup.co.uk/forum/content.php?420-Letter-to-use-if-a-DCA-still-try-to-collect-after-Statute-Barred

 

1) Not sending a legal request for information - SAR Request.

2) Misappropriating the SAR Request fee to the account,

3) Not responding to a legal request - CCA Request

4) That an official COMPLAINT has been lodged with the ICO.

etc

 

Read the letter carefully before you send it off. Make sure your happy with the letter.

 

Keep a Copy, send it Recorded

[coledog]

There are no templates for this we will have to compose something. There is an account in dispute letter and the link is below.

 

Send a letter to JB along the lines of

 

Account No /reference No

 

Dear imbeciles

 

I acknowledge no debt to your company regarding the above account. I wish you to regard the following as a COMPLAIN against your company and require a copy of your complaints procedure.

 

I received a letter from you on (date) regarding the above account which I deny that I owe any monies. In response I requested the following i(List what you requested ie a SAR request for which cheque number ££££££ was included purely for payment for this request) Copies of these requests are attached (and proof of receipt if you have it). I have received no reponse to my SAR since writing to you and request your immediate response by return of post that you were unable to supply this within the 40 days returned and an immediate return of the £10 fee paid as it now appears that you have inappropriately credited this sum of money to the disputed account.

I shall be reporting this matter to ICO and OFT as an official complaint and look forward to your prompt reply

 

Regarding CL - could the debt have been stat barred before the £10 was credited? If so you will need to say that the debt was stat barred on (date) - work out when you believe the last payment was made. Either way we will need to compose a letter to them also.

 

It looks like these 2 DCAs could be collecting for HBOS (they have not sold it on but you need to find this out) You do need info from HBOS about what they have done with this and the past history. I would suggest opening a new bank account and only keeping minimum funds with HBOS until this is sorted out as you never know what they may do.

 

 

 

http://www.consumeractiongroup.co.uk/forum/content.php?436-Failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale.

Edited October 31, 2010 by coledog

[coledog]

Rebel11 s letter will be fine to send to CL but you still need to complain to the other muppets (to get your tenner back if nothing else) but befor sending the Stat Barred letter check the dates as I have said.

[kiltedman]

Letters printed and will be posted first thing in the morning recorded delivery. now just waiting on the sar timelimit to expire with cl finance.

[coledog]

I really think it is HBOS that you need to send a SAR to as they are the source of all this - do be careful of the bank accounts though. You need a history of this account and when last payment was made to HBOS as it was probably Stat Barred before last year.

[kiltedman]

What information should I get back when doing a CCA request? Cl finance replied to the cca request but all that was in the envelope was a copy of an old credit agreement from 1998 and and a paper saying the account was in default and the full balance of over 10,000 was due. nothing else. in the document it stated "state of account" their is no statements of the account showing anything Payments/debits. i will scan the documents asap and let you guys have a look and you can tell me what you think.

[kiltedman]

Got a reply to the sar's request which was good but there was only one problem, the information that they sent was for me and not my mother. seems that they disregarded there letter she sent and only looked at the name on the cheque which was mine. I do have an arrangement with them to pay money each month so they would have information to send. the most interesting thing i noticed in the paperwork was that there is not a Signed agreement or any agreement of any kind. there is a cover letter that states " Please find enclosed all data within our control that we hold for the account listed above. If you require further information which relates to documents and information before assignment to CL Finance Limited on July 2008, this is not within our control and we suggest you submit this request to the original creditor Santander Cards uk Limited." Surely they should be the one's requesting the information from the original lender or passing on this one rather than expecting me to pay again for the same information. I have spoke to them regarding this error of sending the wrong persons information and they said it was a clerical error and would send the right information to my mother for no additional charge.

 

Any ideas

[silverfox1961]

Apart from the cock up with the data, what they are saying is correct. The only data they can send you is what they have control over. Any data from the original creditor needs to come from a SAR to the original creditor

[kiltedman]

When they bought the debt should they have not got a copy of the agreement along with any and all other paperwork like DN's.

[coledog]

No - huge glaring problem with DCAs, they have no idea if they have the correct paperwork but will go after you regardless.