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    • Well before you can determine if its Statute Barred you need to find out what it is......do they refer to an account number ? If so send them a CCA request section 78...see if that throws any light on the alleged debt.   Andy
    • Hello All - I've received a letter today from Cabot Financial advising that they are passing on a debt to Global Debt Recovery Ltd as they haven't been able to contact me. I haven't received any letters from Cabot for a couple of years and those letters didn't quote any amount like £7000. I haven't ever contacted Cabot either. My address hasn't changed for over 10 years.   The letter states that the outstanding balance is around £7000 and the Original lender according to this letter is SAV Credit. I don't recognise this debt amount as I've never had a credit card with that sort of credit amount (4000 was my max limit) and I don't recognise 'SAV Credit'. I've checked my credit file and nothing new has been added. I have one CCJ granted in 2015 for £3500 which I assume expires at the end of this year.   On the other side of the same letter Global Debt Recovery are asking me to contact them to arrange a repayment on this debt. My financial problems are from around 2012/2013 and I'm sure I was unable to make any repayments to my debts from around that time so I'm assuming that this would make this debt 'statute barred' anyway. I was made redundant a few years ago and I'm on Universal Credit at the moment and have no way of paying this kind of money. I'm not too keen on just ignoring this type of letter as that has caused me problems in the past.   Would appreciate any advice Thank you           
    • mrabody   No loss, just general damages as per Durkin.   The bank has already paid out £750 for the distress and inconvenience they've caused in taking too long to mark the account as settled and passing the debt onto a DCA. However, they would not accept damage to the credit status from 2014 even after admitting that the account should have had a default status and that the same would have fallen off in 2014.   Ill post their letters when I receive the contents of my DSAR.             
    • forget the texts and emails...irrelevant, dont lambast him too hard about doing the right thing by ignoring them.   as to where you go. yours is not the next move. other than gather/await then digest all the info.   dx  
    • It follows criticism that firms take a large proportion of compensation for mis-sold financial products. View the full article
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
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Quest to reclaim - SAR/CCA requests returned


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Today my gf has had back two letters, one from Mint & the other from Natwest after requests for CCA (mint) and SAR request with Natwest.

 

Mint have stated the following:

Your request for documents contains some misconceptions about your entitlement to information in a specified form and our obligations to supply that information.

The account has been fully repaid and therefore there is no active credit card agreement with The Royal Bank of Scotland Group on the above account

Section 78(1) of the consumer credit act applies to active agreements and therefore we are under no obligation to provide you with the requested documents as the obligations to us under the agreement have ended

 

Does this mean I would also be unable to request SAR from Mint & reclaim PPI charges?

 

As for Natwest, they have asked her to sign a form, provide evidence of identification "certified by a member of staff at any branch or a solicitor!" & "As the purpose of your request is unclear, we require some further information from you to help clarify what you are looking for"

Are they for real? She'd have to take a day off work to be able to goto the bank just to get the ID authorised.

I used the template letter from here & quoted 4 Credit Card account numbers and an insurance policy number.

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I am going through the procedure with help from CAG to try and reclaim PPI for a mortgage which was paid in full last year and have got a reply and forms to fill and return, and my id was confirmed over the phone, so it sounds like Mint are trying to give your GR the runaround and put her off proceeding for PPI.

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In terms of the response from Mint, if you have asked them for a CCA on a repaid loan, then they are correct. However, if you send them on SAR then they are obliged to comply. Send them an SAR.

 

In terms of your SAR to NatWest, is this account open? In other words you still using the account and are they aware of your current address? If the answer is yes then their requirements are completely unnecessary and of course there are unlawful.

 

If you are no longer with that bank then they would certainly be entitled to take some reasonable steps to ascertain your identity.

 

In terms of the reason for your request, it's none of their damn business and you should tell them that. Simply tell them that they are obliged by law to provide you all of the information that they hold on you in any form and that the reason for your request is none of their damn business – and I would use those actual words.

 

Tell them also that you are fully aware that they have an archive centre so that you want all the information they have on you going back to the inception of any accounts. However, as I have said, if you are not currently with them then probably the easiest and quickest thing is to get into a branch with a passport and utility bill with the address on it. I would also take along a recorder and record the meeting in case they decide to get funny.

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"As the purpose of your request is unclear, we require some further information from you to help clarify what you are looking for"

did you use the template.

the template dsar is a request for ALL data. quite clear.

IMO

:-):rant:

 

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Bank Fodder is right, if its a closed account, or not used for some time the bank can ask you to confirm your ID before posting out confidential information. Personally speaking I would get it confirmed just to prevent any unnecessary delays.

 

 

When I sent a SAR to NatWest last year, and phoned them for an update, they asked why I wanted the information, was it to do with PPI because they have a dedicated PPI helpline who do similar searches of NatWest archives to try and locate customer accounts with PPI. So maybe I could have saved myself £10 but I still felt a SAR might produce more data.

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quite, the template request for all data shld cover that anyway. if they do things properly.

and things can always be exampled in the request to assist.

 

ps, eg. a dsar may produce statements which wld help counter if they do a refund on the (incorrect) basis of zero balance each month (saying that they dont have the statements, when in fact they do)

IMO

:-):rant:

 

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Yes gf still has an account with Natwest, which is what I didn't understand why they are requesting proof.

In addition to this my gf has told me they actually rang her (and went through verification) Thursday and then asked her what information she wanted.

I will go to the bank with her in the week and get them to photo copy/acknowledged her id & I will put a reply telling them it's nine of their business why I want the data and that as per the request I/we want everything quoted.

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if you did a request for all data, then it shld cover everything they hold. from a to z. as per the data protection act.

prob is sometimes thay are 'selective' and only produce a to f for eg, and then a complaint needs to be done to get the full a to z. at least though some compensation shld then follow re their initial non compliance.

if your request was specific only say for eg to b and c, then thats all that they will (legitimately) furnish.

ie, always do a dsar fo r ALL data.

IMO

:-):rant:

 

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Did you include ctax copy?

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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ctax copy?

All I sent to them was the Sar template including the credit card account numbers and an insurance policy at the top of the letter and also included the £10 fee.

 

The cards that are quoted are no longer in use due to expiry dates, but she does still bank with Natwest.

 

The problem is as she works 6 days a week she would have to take a good couple of hours off work just to get to a branch.

 

So catch 22..

send form back signed and say just provide everything (then have it returned by them) or try and get gf to branch and back quickly.

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go read the sar link and all its posts

 

 

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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Ohh council tax bill.

There was no little abbreviation marker.

Yep she's digging that out for me when she gets back.

 

With Natwest being RBS do you think they'd include Tesco Bank items as well or are all records now passed to Tesco now that they are no longer part of the RBS group?

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Possibly

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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