T.b.i.

[canniepay]

Hi

Needs Help Please...

Got a very old Beneficial Bank Debt from 1994 in which i have been paying £1 on.

I recently sent them a letter fo a SAR which they have rang me to tell me that they are unable to provide and i should continue to pay a £1 as they can deem it as an unsatisfactory request and £1 isn't going to break the bank and because i have been paying it i have acknowledged the debt.

 

What should i do next please....

 

Thanks in advance.

[unclebulgaria67]

They can't refuse an SAR, as they have to comply with the Data Protection Act. Did they return your £10 fee for the SAR ?

 

Suggest a complaint to the Compliance Manager/Director of BB, advising them that they need to fulfill the SAR or face a complaint to the ICO. Send them a copy of the letter that someone from BB has sent to you, as I expect the Compliance Manager will not be happy.

 

Has there ever been a period of 6 years (5 in Scotland) where you did not make any repayments ? Is there any CCJ requiring the £1 payments ?

[renegadeimp]

Send them a CCA request, It costs £1. IF they cant provide a full copy of the original, quit paying and tell them goodbye as the debt is unenforceable. You are currently being cashcowed.

[canniepay]

I'm sorry it was a CCA request not a SAR.

So should i stop paying until they can provide it.

The chap said that i would be subject to interest if i stop paying.

Are they trying it on as they can't really do anything and is there a letter that i can send telling them?

[renegadeimp]

Yes.

 

They have failed to fulfil the CCA request and as such, the debt is now unenforcable( as it probably already has been for YEARS) until they provide a full copy of the original agreement.

 

As i said, you are being cashcowed.

 

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

 

 

Edit: Can i ask if you sent the £1 postal order with the CCA request?

[canniepay]

Is there a letter template that i can use.

[renegadeimp]

I put it in my previous post. However, i need to ask, did you send the £1 postal order or cheque with the CCA request, as if you didnt, then it isnt a lawful request and they dont have to comply with it until they recieve the payment.

 

If you did follow the request correctly, then send that letter in my previous post and STOP PAYING.

[canniepay]

No i didnt! but i did get a letter of confirmation that they were going to the original lender to try and retrieve it so they have actioned on my request.

should i do it again and enclose a postal order for a £!

 

Thanks

[renegadeimp]

Yes. Put it through correctly, so this time they cant wriggle out of it. Theyve pretty much confirmed they dont have the agreement, but you need to make it official. Get teh request in with the payment, wait the 14 days then send the letter if they dont send it.

[canniepay]

Thank you very much.....

I'll start the process again today.

[renegadeimp]

Also, since it is a pre-2007 agreement, the CCA must comply with specific requirements. Lets see what comes back, if anything.

[LostAtSea]

I wish people would stop with the "unenforceable". That would be for a judge to decide. Failure to comply with a CCA request can, however, put the account into dispute.

[renegadeimp]

Under which the debt becomes uncollectable or unenforceable until such timw the cca request is fulfilled.

[BRIGADIER2JCS]

I must agree with lostatsea here>

 

A couple of points to clarify please, does Beneficial still own this account?

 

What was the amount owed?

 

Does the debt appear on your credit files?

 

This CCA request when was it made?

 

Please note that the time scale for compliance is 12+2 WORKING DAYS NOT 14 days!!!

[renegadeimp]

It wasnt an actual cca request as the payment wasnt made with it. It looks like the lender took it as a request then realised that there wasnt a payment with it.