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    • Sorry about making  a post too early. I should read other consumers forum threads before.  I am doing it now, because they are a lot of similar ones;
    • It already is epidemic. perhaps he meant the next stage ... pandemic.   https://www.cdc.gov/csels/dsepd/ss1978/lesson1/section11.html   media existing to sell newspapers / advertising space / looking to get viewer numbers ... who’d have thought it.   The media has a responsibility to give decent advice : appropriate concern rather than generating panic.
    • Latest update:   He managed to get through to BC before they closed earlier this evening. Last payment of £175.00 was 03/02/2014. Issue date for the claim 30th Jan 2020   Is he skewered? No supporting paperwork?   CCA and CPR waiting to go.   What next?   Thanks   stephenXL
    • Hi,   I'm looking for advice regarding a court claim being made against me by Erudio regarding an old student loan. I've received a claim through the Scottish Simple Procedure process for almost £4000 regarding a loan taken out in 1999. The original loan would have been for approximately £1800 to my best recollection.   I can't say for certain at the moment (will need to call SLC to verify) when the last time I deferred was - it was a long time ago and I've no recollection of sending anything at all to Erudio at any point, nor was I aware that they required a deferment form as well. I had been paying off my other student loans taken out a few years after this one (04, 05 and 06) through my earnings to the SLC even though I was under the repayment threshold at the time, and I've only earned over the repayment threshold for just over the past 2 years. I was happy enough for paying them off in this manner so I had never felt the need to continue to defer with the SLC, and never really paid much attention to the statements sent by Erudio as I'd incorrectly assumed that they would be paid through this manner as well. At this point, I have recently received a letter from the SLC stating that my loan repayments are coming to an end very soon, but it would appear that this hasn't made any payments towards the loan that Erudio have taken over.   I've been reading through the topics posted over the past couple of weeks for and reading about others in similar situations to try and ascertain the best plan of action.   Particulars of claim: (copied directly from the claim, account numbers and monetary values redacted)   Name the issuing court: Edinburgh Sheriff Court   Who Is The Claimant: Erudio Student Loans   Who Are the Solicitors: Shoosmiths LLC   What type of action? (Simple/Ordinary): Simple   Section D1: The claimants are a finance company which inter alia operates the business of debt purchasing. By virtue of a debt purchase agreement ("the Agreement") between claimants and Student Loans Company ("the Original Owner") dated 22/11/13, the claimant acquired title to and was assigned the right to payment in respect of all debts and other monetary claims of any nature due at the date of agreement, and in particular in relation to the the contract hereinafter condescended upon. The said assignation was intimated to the defendant by way of written notice on or around 22/11/2013. The agreement between the respondent and the original owner upon which this action is based was regulated under the Consumer Credit Act 1974. Further information in relation to that agreement is contained in section D$, where we set out the sums due and the basis upon which they fell due. As at the date thereof, the sum due in terms if the said agreement amounts to £xxxx.xx.   Section D4: The said contract agreement between the Original Owner and the respondent is a regulated credit agreement in terms of section 189 of the Consumer Credit Act 1974. It is also regulated by the relevant Education (Student Loans) Acts and related regulations. It is dated 26/10/1999, and relates to a Student Loan Agreement with the account number xxxxxxxxxxxxxxxx. The said agreement required the respondent, following completion of their course of study, and upon meeting certain conditions relating inter alia to their income , to make payment of the sums due by the way of consecutive monthly installments. The said installments were required to commence in the April following the respondent meeting certain income criteria and were to be based upon a percentage of the respondent's income over the said threshold amount. It was a term of said agreement that a failure to meet any installment on a due date would render the account in default and would entitle the claimant to serve a notice of default on the respondent requiring the respondent to remedy the breach within 14 days which failing the claimant would be entitled to demand repayment of the loan in full. On or around 22/04/2019 the respondent failed to make payment of the sum which had fallen due and the said account thereby entered into default. A default notice was issued to the Respndent on 22/04/19. The Respondent failed to remedy the default following upon service of the said notice and the account was terminated in accordance with that notice. The account remains in default. The sum due in thereunder is due and payable now. As at the date hereof, the sum due in the terms of said agreement amounts to £xxxx.xx. In terms of the Agreement, and the written notice hereinbefore condescendedupon, the right to receive payment of the sums due in terms of the said account vests in the Claimant.   Date of raised claim [or court stamp date from writ] :- 23rd Jan 2020   Last Date Of Service [or from form 07]:- 17/02/2020 - this was delivered before then.   Last Date For Response [or from form 07]:- 09/03/2020   What Documents are listed in Box E2:[or in your form requesting the same?] A copy of the credit agreement, statements of account and notice of assignation will be produced in any defended process to follow hereon.   Is the claim for ......an Overdraft, credit card, loan account, HP Agreement, Catalogue or mobile phone debt? :- Student Loan     BOX D5 what has the claimant stated: IN FULL or [Pleas in law from the writ] I want the court to order the respondent to pay me the sum of £xxxx.xx …..   from your knowledge: answer the following:   When did you enter into the original agreement before or after 2007? After 2007, started the course approx 1998, loan taken out 26/10/1999 as per the info they gave me   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim.:- Debt purchaser (Erudio), Shoosmiths LLP   Were you aware the account had been assigned – did you receive a Notice of Assignment? Not to my recollection although I was aware that Erudio had been sending statements regarding a student loan   Did you receive a Default Notice from the original creditor? Possibly but not to my knowledge   Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Possibly but not to my knowledge   When was you last payment:- Uncertain, will need to confirm with SLC if payments made towards this loan, no payments ever made to Erudio to the best of my recollection   Why did you cease payments:- Was paying off student loans through earnings, never realised that this one was being treated seperately   Was there a dispute with the original creditor that remains unresolved? Not to my knowledge, SLC had taken payment through my earnings even though I was below the threshold as I hadn't deferred but I was happy to proceed with this.   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No     From the previous advice given, I'll get the CCA request done and also the CPR 34.14. The amount claimed seems very high and I've got no breakdown of how they have come to this figure. I've also been reading through the threads about how to set out the defence - the PercyPercy thread is of particular interest as there are similarities between the two, as I never gave any paperwork sent to me due attention and have ended up in this situation as a result.   Thanks in advance, and I'll supply additional info as quickly as possible if required.    
    • Hi everyone    I received a ParkingEye claim form today that was issued on the 24/02/2020.   I'm not sure what info I need to upload on a parking charge claim form so I’ll upload the form and wait for instructions.    Any help much appreciated    Andrew      Claim Form.pdf
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tnook

Very Old Barclaycard Charges ***Settled by way of Tomlin Order***

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Had a reply from Barclaycard regarding my 1998-2003 SAR request.

 

They claim not to be able to find my statements and need more information.

I provided them with my name and the address the cards were registered to at the time.

 

Interestingly Barclaycard claim that the statements are not in their main system, but they state that they do have them.

In order to retrieve the statements they need my old card account numbers.

Alas I don't have these anymore.

Should I just push harder and insist that my name and address are sufficient?

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Yes I would, if you had any regular direct debits i.e. gas supplier they could help track the Credit Card number.

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Hi Tnook,

 

I've set you up a new thread regarding your penalty charges reclaim for older years.

 

Can you please confirm exactly what BC have said about them still having older data. PM me about this if you prefer.

 

I'd be interested to know how they have the data stored but are unable to locate it without an a/c number.

 

See items 20,21 and 22 in the Bank Templates Library. Rather than wait for BC to produce some data at their leisure, you can seek an order from the court for them to produce it.

 

You could also complain to the ICO but I think this will be a waste of time as the ICO appears happy to trust BC's word that they keep no data beyond 6 years.


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Sweeeet! I found a very old receipt with my original VISA card number on it.

 

Since Barclaycard have written to confirm they have my data and can only access it so long as I have an account number for them to reference it with, well I think they are snookered.

 

Bit annoying can't find any old receipts for the Barclaycard Mastercard I had at the same time.

 

Time to write back to them with the details they requested :)

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Ask them if, now that they have the Visa a/c no., they can now cross reference and check for the M/C a/c too.

 

Tell them that, if they do not produce the data for the M/C a/c, you will lodge a formal complaint with the ICO as their systems should enable them to produce this data, even without the a/c no.

 

:)


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Oh damn the receipt was for a different card. Back to square one.

 

I have just found the Barclaycard internet account site id's for the old cards. But no card numbers and the account codes no longer work.

 

It does seem odd that the only way Barclaycard can access pre 6 years data is with a credit card number. Here is the letter they sent me:

 

Dear Mr Tnook,

 

I write further to your recent request for information (original enclosed).

 

Unfortunately we are unable to locate your account from the information you have provided. Therefore I respectfully request that if you have any more information that you can supply to help us locate your account (e.g. previous addresses, change of name, previous correspondence from us, account statements or any other account number held) then please send this for the attention of the Data Protection Team at the above address.

 

If the account has been closed it is possible that the information has been deleted from our main system. While we will have all of your statements available, we can only locate them by card number alone once an account has been deleted from the main system.

 

Upon receipt of the correspondence we will then be pleased to honour your request and the information will be forwarded to you.

 

Your sincerely,

 

Barclaycard Customer Services

 

 

Does anyone have experience of getting pre 6 year statements without account numbers?

Edited by tnook

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The only way you are likely to get any further data from BC about the old a/c is to take court action.

 

But without the a/c number, you may be wasting further time and money as the court may decide it is reasonable for BC to require an a/c no. to identify the older data.

 

If anyone else has an opinion, please comment.......... :)


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Surely if they have information about me, their letter states that they do, then it is their responsibility to give me access to that information under ICO guidelines.

 

Barclaycard hiding behind the 'excuse' we organised the information in such a way that makes it impossible to access unless you have an account number shouldn't wash.

 

I suspect if a police investigation of 'terrorists' wanted information about credit card transaction of suspects they wouldn't have to supply card numbers, names and addresses would be fine.

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I agree entirely and, if it were my decision, I'd go to the ICO although this may take ages.

 

:)


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Hi, I sent BC a SAR asking for list of charges from my MasterCard and Visa from 1998 onwards. They replied stating that they likely had the information on microfiche but unless I can provide the account numbers for the cards they can't retrieve the information.

 

Is this right? Surely they'd index them by name/address etc?

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I know for sure it's by Card Type and number.


Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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Hi Tnook,

 

Have you checked carefully for old statements or an old card receipt, so you can give them the info they need.

 

:-)


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Annoyingly I've looked everywhere. Oh well.

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I asked for Barclaycard to give me my old statements from 1998-2005 quite some years ago. They replied that they had them on microfiche but needed the account numbers to find them. Which I no longer had. Was this ever resolved or are they still claiming its based on account numbers only?

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'some years ago'

what's been going on since then


IMO

:-):rant:

 

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Well I gave up as I didn’t have the account numbers. I was just curious if they are still using it as an excuse/reason for not providing old statements.

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is it re a current thread of yours?

have you done a dsar. they should be able to tie up someones prior account numbers to their name


IMO

:-):rant:

 

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yes two existing threads now merged here

with the posts from our sticky moved to it.

tried in 2010

and again in 2013 to get the info.

 

dx

:bounce::bounce:


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

 

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Thanks for merging dx100uk :)

 

is it re a current thread of yours?

have you done a dsar. they should be able to tie up someones prior account numbers to their name

 

I did a SAR a few years ago and they flatly said they had the data on microfiche but needed the account numbers to access the statements.

 

Which I felt was a but off, they should have them indexed by name/address.

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You could write again to the Data Controller at Knutsford asking a final time that they produce the old data, failing which they'll be reported to the ICO and you may also take court action to force disclosure.

 

:-)


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Dusting off the old thread.

 

I put in a GDPR request to Barclays last month and just got a stack of papers (15cm think) of all my data. Well it seemed that way...

 

Finally Barclays have provided the account/card numbers for my ancient Visa and MasterCard. They had these on record but years ago claimed ignorance and they could not search for statements without them.

 

The GDPR stack came back with a covering letter with an interesting line:"

 

"Your rights don't cover manual records, or records held in highly structured manual files. So please bear this in mind if you've requested details of older accounts or information that's less likely to be stored in files covered by GDPR."

 

I looked at the ICO website and it seems to contradict this. Feels like Barclays don't want to be bothered going through the microfiches.

 

Anyone have any thoughts?

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Hi Tnook,

 

Now you have the a/c nos., will you write to BC seeking the older info held on Microfiche ?

 

:-)


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Absolutely.

There are quite a few late and over limit fees from 1998-2003 on both cards.

I can also positively argue they concealed this since they had the account numbers all along and told me they couldn't find them....

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I don't think arguing that BC positively concealed data will help with your case. The only payback may come from seeking restitutionary interest if that's what you intend to do.

 

Do you now have the data for old penalty charges on both a/c's or must you still seek this from BC.

 

:-)


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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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I am just writing the letter to them pushing for the release of the data, now that I have the account numbers.

 

Interesting to note they seem to be arguing in the GDPR response that microfiche systems are exempt from GDPR.

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