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Help required regarding SAR request no cca - old BC debt


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I made a CCA request to Barclaycard but the information I received was just some terms and conditions.

 

I took some advice and made a Subject Access Request

 

http://i1019.photobucket.com/albums/af319/Ukmark319/BarclaycardSARrequest.jpg

 

I got a reply today under this request and all I got was a forwarding letter (Below) and a bunch of statements going back to 2003.

 

http://i1019.photobucket.com/albums/af319/Ukmark319/barclaycardSARreply.jpg

 

so there is no signed agreement or anything that resembles one just pages of statements.

 

What should I do now

 

Many thx

 

Mark

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Write back telling them they haven't complied to your SAR & list all the items you still require. If they fail to provide them make a complaint to the ico https://www.ico.gov.uk/Global/contact_us.aspx

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  • 2 weeks later...

Why do companies easly contradict them selves...

 

I received my SAR request from barclaycard mentioned in the first post, I sent the letter in post 3 to chase the missing items etc.

 

Received letter today (See Below)

 

http://i1019.photobucket.com/albums/af319/Ukmark319/barclaycardresponsetoSARL2.jpg

 

But in the original SAR response they stateded "The information we have enclosed relating to this account is ALL THAT WE HOLD"

 

Bunch of idiots....

 

Also they mention they have only received the SAR request on the 20/08/09 but actually I have proof that the request was actually received on the 16/08/09.....

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Because they are loathed to search their archives & hope to palm people off with rubbish. ;)

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Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

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I got exactly the same response as you on my first SAR - I'm about to send second letter so please keep us informed of what you receive!

 

I'm after all my statements as I want to claim PPI back so the previous 6 years aren't enough.

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Received another package today from Barclaycard containing all recent letters sent to me, A thick continuious print out entitled "Data Protection Act" which seems to be the history of the account & Complaint management system print out BUT STILL NO AGREEMENT!

 

Forwarding letter sent with this package below..

 

http://i1019.photobucket.com/albums/af319/Ukmark319/BarclaycardSARfullresponse.jpg

 

Will I ever get to see my Signed agreement?

 

What should my next step be...

 

thx in advance...

 

Mark

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Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

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Why do companies easly contradict them selves...

 

I received my Subject Access Request request from barclaycard mentioned in the first post, I sent the letter in post 3 to chase the missing items etc.

 

Received letter today (See Below)

 

But in the original Subject Access Request response they stateded "The information we have enclosed relating to this account is ALL THAT WE HOLD"

 

Exactly same thing has happened to me. They must like giving the impression they are simple as this seems to be their standard practice!

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  • 3 weeks later...

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

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I'm a letter or two ahead of you with Barclaycard. Try this one:

I've got another one after this - just let me know.

 

 

 

_____________2009

Data Protection Act 1998 -

Subject Access Request

Dear Sir/Madam

 

Re: − Account Numbers: XXXX XXXX XXXX XXXX

Further to your letter dated __________ 2009, I write to inform that you have failed to respond appropriately to my Subject Access Request dated ____________2009.

Your letter dated _____________ 2009 contained only monthly copy statements. I would like to remind you that my Subject Access Request was pursuant to Section 7 of the Data Protection Act 1998 and was a formal request for you to supply me with all data that you hold on me. This includes in particular, but is not limited to, the following:-

1. The original signed, executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

3. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention.

4. True copies of any notice of assignment and/or default notice or enforcement notice that you sent me, with a copy of any proof of postage that you hold.

5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

6. Details of any collection charges added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

7. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

8. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

9. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

10. Copies of statements for the entire duration of the credit agreement.

 

It must be noted that this is my third letter requesting that you comply with your requirement of the Data Protection Act 1998. This is only highlighting your failings. Please cease all stalling tactics. If you do not have any further documentary evidence that could be construed as a properly executed agreement which accords with the Consumer Credit Act 1974, then I request that you confirm this in your reply. If I do not receive your full compliance to my Subject Access Request within the stipulated timeframe, I will write to the Information Commissioner to assist; whom I remind you has the power to serve an enforcement notice.

I look forward to hearing from you.

 

Yours faithfully,

 

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  • 3 weeks later...
  • 3 years later...

http://i1019.photobucket.com/albums/af319/Ukmark319/Barclaycardapp2007.jpg

Hi

 

I need some help regarding a dispute I have with Barclaycard

 

The Barclaycard was originally taken out in 1997 and in 2009 I requested aSAR, for the purpose to gain an executed agreement on the account.

 

Firstly I received pages and pages of bank statements and some letters butno agreement, after complaining that it had not been received, They sent me thesigned application form.

 

 

 

Is this signed application form also the executed agreement for the accountas it has no terms and conditions?

 

I hope somebody can help

 

M

Edited by DebtUpToMyEyeBalls
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The images are too small to read.

 

There is no obligation for a creditor to provide an agreement witha SAR, sections 77/78 of CCA 1974 cover this.

 

From what you say re no ts& cs with the app it cannot comply with CCA 1974.

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scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc using paint program

but leave all monetary figures and dates.

*********************************************************

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

DO NOT USE ANY PDF EDITOR TO BLANK STUFF, THAT CAN BE REMOVED

*************************************************************

DO IT IN MSPAINT.EXE or any photo editing program

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

convert existing PC files to PDF [office has an installable print to PDF option]

..

goto one of the many free online pdf converter websites [http://docupub.com/pdfconvert/]

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

i'e Default notice dd-mm-yyyy

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

.

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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previous thread merged for history

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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so are BC chasing you then

 

is this debt on your CRA file?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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We can comment better when you post full sized copies of the documents in post #17. However, from what I can see, this is an application form that does not contain the T&C's required to comply with CCA 1974 in terms of enforceability.

 

That should enable you to make a reasonable defence if court action is take but it will not prevent them from seeking payments.

 

:wink:

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  • 2 years later...

Please can somebody help me

I'm a very upset and worried man!!!!

 

Barclaycard have taken out a payment of £700 from my Barclays current account.

 

I put some money is this account last week for a friend to use the debit card to pay for her holiday,

but when we went to pay with the card, it was declined.

 

 

Knowing we had only put the money in the day before,

I checked and found Barclaycard have taken this amount?

 

I received a letter from them regarding taking the money today,

 

 

I have attached it.

As you can see, this account has been in dispute since 2009.

 

The last spending on the account was 11th March 2009 so only 9 days away from statute barred!!!

 

What can I do to get this back as its not even my money.

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sadly I doubt you can get it back

it wont reset the SB clock though.

 

 

they are quite sadly entitled to offset debts within your accounts

 

 

ok you've not been warned about this, but I'm surprised you didn't although know

 

 

i'll let others comment further

p'haps a pleading letter might help.

 

 

 

 

even if this were SB by the way

they can still do it

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I agree with DX.

 

I'm afraid you will not be able to get this reversed as the bank has properly exercised their Right to Set Off. They CAN take money from a Barclays bank a/c to set against arrears owed to BC.

 

The fact that the money paid into your bank was a friend's money is unlikely to be of any interest to Barclays or BC. Try a pleading letter if you want but I think the bank will be unwilling to give the money back.

 

A hard lesson learned, but you now need to find a way to repay your friend.

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

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