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1st Credit / Connaught Collections - Old Barclaycard Debt SAR Information Recieved


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Hi All,

 

I could do with some good advice on my current situation if possible?

 

I have just received information relating to my SAR request to 1st Credit (old Barclaycard debt) and I have some questions hopefully you can help with:

 

1. Due to the usual pressure of the DCA (and not understanding much about my rights) the debt was paid on instalments from 2004/5 until early October 2007. Then I request the CCA and had nothing sent to me, so stopped the instalments.

 

2. Now in August 2013 - I received a Judge & Priestley Solicitors letter suggesting court action, so I re - CCA requested 1st Credit to which I received the signed CCA copy at the back end of August.

 

3. I then SAR'd 1st Credit and have now received a large bundle of paper statements etc.

 

I have looked through the documents there are a number of interesting statements, which have been noted as follows:

 

"we can confirm that the following are not held in a relevant filling system and therefore have not been provided: copy terms and conditions at inception and time of default, copy statements for the entire duration of the credit agreement and termination notices. If you require this please contact the original creditor."

 

Also, on the logged system notes I noticed this:

 

"Action: User note - CCA request complied with - However given that client is unable to provide T&C's at the time the account was opened and at the point of default we will not issue proceedings"

 

 

So, I feel lucky its not at this stage going to court action, however how should this be interpreted i.e. can they still choose to take legal action or based on missing information am I a difficult case for them now?

 

Also, due to the SB limit being early October have I reset the SB clock based on my CCA request and CCA received including the SAR request?

 

I really appreciate your help on this as I want to understand where I stand on this matter i.e. level of future risk.

 

Many thanks.

 

iwcmd.

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Nope :) Your SB status doesnt reset after requesting the CCA... It only does so if you have a made a payment and it restarts again from the last payment.

Or if youre stupid enough to admit liability over the phone or in letter...

 

I had that happen recently with a friend of mine when I told him not too and he didnt follow the process he was told :/

He paid for it with a CCJ when he had a perfectly good reason to tell the court and the DCA that it was SB

 

We could do with some help from you.

 

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I notice from you old thread you've played this game a long tim e ago.

 

why did you sar the DCA?

 

sar should goto the OC

 

anyhow

 

they not supplied, nor are going to, the t&c's for the time of the agreement

so as it stands i'd sit tight.

 

not long till its SB'd.

 

shame you responded to the recent threat-o-grams?

 

you should have remained silent.

 

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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Nope :) Your SB status doesnt reset after requesting the CCA... It only does so if you have a made a payment and it restarts again from the last payment.

Or if youre stupid enough to admit liability over the phone or in letter...

 

I had that happen recently with a friend of mine when I told him not too and he didnt follow the process he was told :/

He paid for it with a CCJ when he had a perfectly good reason to tell the court and the DCA that it was SB

 

if the debt was SB'd before court nothing can unbar it not even a judge...

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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Why did you SAR 1st Credit, you cannot rely on the data provided as a debt purchaser will have little detail apart from the minimum provided when they acquired the account?

 

A SAR in this type of situation MUST go to the original creditor if you want all the data relating to the account.

 

Personally I would not rely on any of the data provided by this company.

 

You have NOT reset the SB clock.

 

Can you clarify please the October SB date, are you relying on the default date shown on credit files or the actual date of the last payment or written acknowledgment?

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Hi everyone,

 

Thanks for giving your comments on this situation it is really appreciated.

 

Hi BRIGADIER2JCS,

 

My credit file no longer shows the debt I think it fell off in 2009/10 and My last instalment was 5th October 2007 as written on the payment history log and I have checked on my old bank statement, which confirms this.

 

So, does this imply I potentially will go SB on 5th October 2013 even though I have contacted 1st credit using the CCA and SAR templates from CAG and no court action will be taken?

 

Sorry for any repeat questions just want to be clear on this.

 

Thanks again.

 

 

BR,

 

Iwcmd.

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SARs & CCA request do NOT reset the limitation period!

 

The SB letter I trust did not have any admission of liability, the OFT Guidance on Debt Collection says that any acknowledgment must be UNEQUIVOCAL and in writing.

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

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Yes wait, do not respond in any to 1st Credit or their lackey Connaught.

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

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Hi BRIGADIER2JCS

 

Just a last question I used this template on SAR request - does it sound like I am implying I am liable for the debt?

 

2 DATA PROTECTION ACT 1998 TEMPLATE LETTERS

A Subject access requestlink3.gif for Debt and DCA

http://www.consumeractiongroup.co.uk...ss-Request-for

 

This is the 42man version (the long one).

 

Thanks.

 

iwcmd.

Edited by iwannaclearmydebts
Missed words
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NO problem with SARs or CCA request these are requests for information made under the terms of Acts of Parliament.

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

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Thanks BRIGADIER2JCS,

 

I feel a lot better about this situation as it does start to mentally drain you and create a lot of worry, although I know there are many people in worse situations than me!

 

Time for a treat tonight - takeaway and a few beers.

 

Have a good weekend.

 

iwcmd.

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  • 3 weeks later...

Hi BRIGADIER2JCS

 

I hope all is well for you.

 

I am going o send a SB letter to 1st Credit now as its past the 6 years for no payment / no acknowledgement.

 

My question I need your input on is should I use the standard SB letter bearing in mind it references 'not having heard from the DCA in the time period and no communication with them from me' however I have CCA'd and SAR'd them, so should I change the wording on the standard CAG SB letter?

 

Or do you have any modified SB letter templates that would be more appropriate?

 

Many thanks for your assistance.

 

all the best,

 

iwcmd.

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Hi all well thanks,

 

This should do the job;

 

The Compliance Manager

1st Crudit

 

Date......:

 

Ref: use theirs:

 

Sir/Madam,

 

I refer to an alleged debt originating from an account with Barclaycard, please note I do not acknowledge any debt to first credit.

 

I have been prompted by 1st Credit to check my credit history, this leads me to conclude that any such alleged debt is statute barred, therefore I will not now or in the future make any payment or offer of payment.

 

1st Credit is reminded that should it dispute the status of the alleged debt the onus of providing unequivocal proof that the alleged debt is not statute barred falls entirely upon the company.

 

It must also be noted that any requests for information made lawfully under the Data Protection Act 1998 and the Consumer Credit Act 1974 (as amended) do not constitute acknowledgment of any liability.

 

I am fully aware of the provisions of the OFT Guidance on Debt Collection 2003/2006 as amended Nov. 2012 and the sections regarding the pursuit of statute barred debt.

 

I am sure that 1st Credit is aware of the section of the Guidance regarding the sale of statute barred debt without informing the purchaser of the status of the debt, therefore 1st Credit will now close the file on this alleged debt and remove all data relating too me from its records with immediate effect, and confirm in writing that it has done so.

 

Send by recorded / signed for post, check delivery.

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

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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