Wescot/Barclays

[Scootmatt]

Hi

I recently started getting phone calls from wescot during the last call I told them that I would only deal with them in writting (I didnt confirm any details or acknowlege any debt). Today a letter turned up !

 

I owe barclays bank around 400 pounds. They have used a dca to try and collect this money before and about a year ago I sent barclays a subject access request so that I could work out how much of the 400 pounds are charges so that I could offer them a fair and final payment.I never recieved my subject access request and the dca letters stopped so I left it at that.

 

Now they have started hounding me again through a different company !

 

What do you suggest I do ?

 

I am more than happy to deal with Barclays as I want to get this default off my credit rating but I am not happy to pay the full £400 when I believe half of the amount is charges.

I will not however deal with the dca.

 

Should I send another subject access request to Barclays and send a letter to Wescot informing them that the account is in dispute ?

 

Thanks in advance for any advice given.

 

M

[rebel11]

Hi Scoot

 

Welcome to CAG

 

The guys will advise as soon as they are available.

[Tingy]

If you still have proof of your original SAR I would send a copy of this to Barclays stating you are still awaiting a reply and thus the debt is in dispute. Remind them it is illegal to pursue a disputed debt and see what they come back with.

[Scootmatt]

I think I still have the subject acess request letter saved on my computer and I must of been having a sensible five minutes because I still have the recorded delivery reciepts from when I sent it !

 

Does a letter asking them to reply to my subject access request and call off the DCA until the dispute has been settled sound like a good idea ?

 

Should I also attach copys of the original SAR and the proof of post ?

 

Does anyone have the address of where I should send this letter ?

 

Thanks for your help

[diddydicky]

same address as you sent the SAR

 

i would print off another copy of the request and staple the recorded delivery receipt to it and then ignore any debt collectors letters (but file them)

[Bazooka Boo]

If, as I suspect, they are out of time in sending you your original SAR, (40 days) then give them a further 14 days, or 7 days if they have really taken the biscuit, to comply or you will refer the matter to the ICO. This should speed the little darlings up!

[diddydicky]

If, as I suspect, they are out of time in sending you your original SAR, (40 days) then give them a further 14 days, or 7 days if they have really taken the biscuit, to comply or you will refer the matter to the ICO. This should speed the little darlings up!

 

or land them with a very hefty fine.............. £5,000 i believe!

[Scootmatt]

I will check the dates when I get home from work but I believe it has been over a year before I sent them the SAR.

 

Is it against the law for them not to reply to my request ? The more bargaining power I have when I make a fair and final offer the better !

[Tingy]

Does a letter asking them to reply to my subject access request and call off the DCA until the dispute has been settled sound like a good idea ?

 

Should I also attach copys of the original SAR and the proof of post ?

 

Does anyone have the address of where I should send this letter ?

 

 

It does to me, otherwise I wouldn't have suggested it! Send it exactly where you sent it previously and to cover your back a couple of days later send Westcot a letter saying they cannot continue collection activity on this account as it is in dispute with the original creditor.

[diddydicky]

I will check the dates when I get home from work but I believe it has been over a year before I sent them the SAR.

 

Is it against the law for them not to reply to my request ? The more bargaining power I have when I make a fair and final offer the better !

 

yes

[Tingy]

Taken word for word from the Data Protection Act 1998:

 

(1)Subject to the following provisions of this section and to [F1sections 8, 9 and 9A], an individual is entitled—

 

(a)to be informed by any data controller whether personal data of which that individual is the data subject are being processed by or on behalf of that data controller,

 

(b)if that is the case, to be given by the data controller a description of—

 

(i)the personal data of which that individual is the data subject,

 

(ii)the purposes for which they are being or are to be processed, and

 

(iii)the recipients or classes of recipients to whom they are or may be disclosed,

 

©to have communicated to him in an intelligible form—

 

(i)the information constituting any personal data of which that individual is the data subject, and

 

(ii)any information available to the data controller as to the source of those data, and

 

(d)where the processing by automatic means of personal data of which that individual is the data subject for the purpose of evaluating matters relating to him such as, for example, his performance at work, his creditworthiness, his reliability or his conduct, has constituted or is likely to constitute the sole basis for any decision significantly affecting him, to be informed by the data controller of the logic involved in that decision-taking.

[Scootmatt]

Great so I can inform them that they are in breach of the data protection act and that if I wanted to I could take the matter further ?

 

Ill type up the letter tomorrow and post on here to get your opinions if thats ok ?

[Bazooka Boo]

There should be No 'if you want to' about it, it's very much, send me the details pronto, or I WILL report you to the ICO for failing to comply with my legal request.

[Tingy]

What To Do If No Response To An SAR

If you have waited for the 40 days and have had no reply. Write to the company twice over a period of say 30 days and remind them that you have not had a reply from the in response to your sar. If they then still ignore you. You then complain to the ico here :

Data Protection and Freedom of Information Advice - Information Commissioner's Office (ICO)

Find the form you need to complain and log a complaint with them. This should then trigger a response from the company / corporation or if they still fail then your next step would be to start a claim for non compliance. You need to do the ico bit so it toughens up your side of the wall.

[Scootmatt]

Will this do to start with ?

Dear sir/madam

 

You have failed to respond to my subject access request (see attached) this means you have breached the data protection act 1998.

If you fail to provide me with the requested information within the next seven days then I will be forced to report you to the information commissioners office

 

Yours faithfully,

 

Mr Tipper

[Scootmatt]

And send this to Westcott ?

 

Dear sir/madam

 

This account is currently in dispute with the original creditor. This means you must stop any collection activity until this dispute is resolved.

 

Yours faithfully

 

Mr Tipper

[Tingy]

Dear Sir/Madam,

 

I wrote to you with a Subject Access request on dd/mm/yyyy. As you will know you have 40 days in which to respond to this request. Unfortunately you have failed to respond to my request (see attached) in anything even near the 40 days allowed. I am therefore placing this account into immediate dispute until such time as you respond in full to the aforementioned SAR.

 

If you are in any doubt as to your legal obligations under the Data Protection Act 1998, I suggest you consult your data controller. In the meantime may I remind you that as the account is now formally placed in dispute all collection activity must be stopped until such time as you comply with my request.

 

If you fail to provide me with the requested information within the next thirty days then I will be forced to report you to the Information Commissioners Office.

 

Yours faithfully,

 

Mr Tipper

 

 

I've changed it to 30 days as they do take a long time to put together properly and you need to be seen to be reasonable. Send them a reminder that you haven't heard in a fortnight's time, then if they still don't respond, report them.

[Scootmatt]

Brilliant thanks Tingy.

 

I love this website !

[Tingy]

And send this to Westcott ?

 

Dear Sir/Madam,

 

Your ref: abcd1234

 

This account is currently in dispute with the original creditor. This means you must stop any collection activity until this dispute is resolved. If you have any doubts with regards to this issue, please refer back to the original creditor.

 

In the meantime, any further collection activity by yourselves will be in direct contravention of the OFT guidelines on debt collection and will be regarded as vexatious. Any such behaviour will be reported immediately to the appropriate authorities.

 

Yours faithfully

 

Mr Tipper

Edited February 17, 2011 by Tingy

[Bazooka Boo]

Waste of a good stamp that one Tingy, evening guests! No-one at wetcloths has begun their GCSE' least of all learnt to read the Queens English!

Edited February 17, 2011 by Bazooka Boo
I'll get it right eventually!!!

[Tingy]

Agree it's the OC's duty to inform the DCA, but it can make you feel better doing it yourself, then they can't deny knowledge of it as you know they've been informed. Get proof of postage and if they continue, then report them as you've said you will.

[Bazooka Boo]

You know as well as I do that these imbeciles know exactly what they are doing, I don't have to be constantly reminded by irate drivers that I should use the green X code, if I then choose to ignore the obvious, then the journey back from the battle cruiser will be somewhat lengthy, if not end up in Bazooka Boo's early demise!

And I have far too much DCA baiting for that to happen! What is needed is a more personal response, very tongue in cheek, very satirical, and very nonchalant!

[Scootmatt]

I sent them a tenner with my SAR too ! Im going to ask for that to be refunded.

[diddydicky]

i wouldn't if i were you! if you withdraw or reclaim the fee then you remove their obligation

[Bazooka Boo]

Once they are out of time in replying to your SAR then send them a LBA giving them a further 14 days in which to supply the dicuments or you will take further action and report them to the ICO.