HFO barclaycard

[kate999]

I sent a SAR to HFO who are dealing with an old Barclaycard debt.

 

I wanted all the data/info they had including an CCA.

 

Yesterday they sent a 6 page questionnaire, asking for addresses etc.

They also said they require proof of identity - passport/DL/utility bill etc.

Not happy about sending documents with signatures on.

 

Has anyone else had this problem?

Why do we have to send all this?

They seemed happy enough It was us when they were taking our money.

 

Do you think I should just ignore this and send a simple CCA request?

 

All advice appreciated.

K

[dx100uk]

delaying tactics

 

send them a CCA request.

but if you are if you are no longer paying them why pull their string

what are you after acheiving?

 

dx

[kate999]

dx - just to confirm that this is another Barclaycard (my partners) - just to clear up any confusion.

My the cabot one.

 

As with the other BC

- a large portion of the debt is from chrges and interest - some from DCA and some form BC.

 

We have been making min payments over the past few years.

The debt was defaulted nearly 7 years ago.

 

I don't think I can reclaim the charges that BC originally made.

The balance is constantly growing as due to the interest HFO add on.

The min payments don't cover it - so the debt is just increasing.

[dx100uk]

any dca that has brought a debt MUST:

have a valid CCA

have sent a notice of assignment

 

have the above two docs to add ANYTHING to a debt and then the can:

, only add charges & interest inline with the T&C of the original debt.

 

go get 'em.

 

dx

[BankFodder]

Post up the questionnaire.

 

They are only entitled to take reasonable steps to satisfy themselves as to your identity.

 

Post it up here so we can see.

 

Also, I suggest that you send a complaint to the IC including a copy of the questionnaire and compaining that they are obstructing your SAR.

 

Tell HFO that you are making this complaint as well.

 

Also tell Trading Standards

[cerberusalert]

Data Protection Act Good Practice Notes:

 

2. Do you have enough information to be sure of the requester’s identity?

Often you will have no reason to doubt a person’s identity. For example, if a person with whom you have regular contact sends a letter from their known address it may be safe to assume that they are who they say they are.

 

The above is an extract from the ico guidedance notes.

[broken arrow]

Had HFO sent you letters previous to you SAR ?

[harrassed senior]

If the answer to the above question then you could send this:

 

http://www.consumeractiongroup.co.uk/resources/templates-library/86-debt-collectors/572-debt-letter-when-company-refuse-cca-due-to-no-signature-

 

Amend to suit a SAR request rather than a CCA request.

[broken arrow]

It might be better to SAR Barclaycard.

[kate999]

Hi All, Thank you for the advice.

 

Unfortunately I can not upload the questionnaire as my scanner has died a death

- will see if I can find an alternative to try and post it up here.

 

They sent me a 9 page letter and questionnaire.

The questionnaire goes through all the basic stuff like address, old addresses, home tel, work tel, mob no etc.

There is also a declaration page and another asking which proof of identity you are sending

- DL/Passport/BC/Utility Bill etc.

 

Apparently on one of their advice sheets it explain they need proof of name and DOB.

How a utility bill gives them my DOB I don't know

- at least they haven't asked me for my bra size!

 

I am going to send a revised letter that harrassed senior suggested, and advise I am complaining to the trading standards and Information Commissioner.

 

Does anyone know of any good letters I can send them or even contact details of the above.

Really am a novice at this - I am sure I can do a web search for them.

 

I am also going to send them a CCA request with the letter as it should speed this up a little with them, as I believe they only have 14 days in which to respond to a CCA request.

 

As for the original creditor

- Blessed Barclaycard I am going to send them a SAR.

Do you think it would be worth sending a CCA with it as well as it means they have only 14 days to respond rather than 40.

 

Any advice always appreciated!

K

[Undercover-Elsa]

Hi Kate

Dear me, what they've sent you sounds more like a loan application questionairre!!!

Call me cynical, but it's all the information they'd need if they didn't hold a copy of your original agreement and wanted to reconstruct one.

It's intrusive and unwarranted for a SAR and also designed to give them everything they need to harrass you on every level..work phone, mobile phone etc etc.

Under no circumstances should you complete this data gathering excercise.

As above, send the letter and inform them that you will be forwarding a copy of the form with a complaint to the Information Commissioner and Trading Standards.

ICO complaints procedure here: Complaints about data protection policy - ICO (including an advice line number)

Remind them that the 40 day deadline still applies from your original request.

 

I would definitely send a CCA request as well, failure to supply this within the 14 +2 days gives you more legal protection than a delinquent SAR. Send a SAR to Barclays too, but you only need to send the one CCA request to whoever is chasing you for the money, so send it to HFO.

 

kind regards,

Elsa x

[kate999]

Thank you so much for the advance and links - will do as you advised! Enjoy your Bank Holiday - Like the Banks need one!

[DonkeyB]

SAR works one way only - YOU ask THEM for information they hold on YOU.

 

This is just a delaying tactic. You have asked and paid, so the clock is ticking. Yes, they are entitled to proof of ID - but there's no reason for you to fill in any forms. MBNA started doing this a few years ago and stopped the practice when they realised it was futile - their agreements were still duff.

 

HFO are just a bunch of timewasting idiots who should all go and get real jobs.

[kate999]

Could someone please advise on this

- aren't you supposed to have knowledge when you are issued a CCJ????

 

I am going to be contacting the court tomorrow and get some advise

- as we do not know who it is.

[cerberusalert]

Could someone please advise on this - aren't you supposed to have knowledge when you are issued a CCJ????

Yes, you should have the opportunity to defend any action against yourself. You can apply to have it set aside, see; National Debtline England & Wales | Debt Advice | Factsheet 12 How To Set Aside A Judgment In The County Court

[kate999]

Got CCA response today from HFO (DCA)...........

The muppets have only been able to provide us with a copy of an application form and a photocopy of their terms and conditions. No valid CCA.

Can anyone advise us where we go next????

Many thanks

kx

[kate999]

Anyone?????

[slick132]

Hi Kate,

 

This is what's happened to countless other CAGgers. Read other threads in the BC forum and you'll see you're not alone.

 

You don't really have grounds to say the a/c is in dispute.

 

By sending you the Application Form and their T&C's, BC have done what is required of them according to the CCA 1974, with reference to your CCA request.

 

However, if the documents do not constitute a valid credit agreement, BC may be unable to get a court to enforce the debt, if you defend adequately.

 

BC rarely take their cases to court.

 

[kate999]

Thanks for the advice - been looking around the forum but still not sure what to respond with to HFO? If a DCA haven't sent a valid CCA is their a procedure out there to stop them from pursuing the debt? Just a bit lost.

[slick132]

Hi Kate,

 

By responding adequately as they have to your CCA request, HFO can continue to pursue the debt.

 

This does not mean they have the correct doc'ts to take you to court and win.

 

Based on what you say they've supplied, they should be unable to have the debt enforced in court.

 

If you feel they have not supplied your valid credit agreement and this is what you want, withhold payments and see how they respond.

 

If you don't want to test things that far, pay them what you can each month, even if it's a token payment.

 

[kate999]

Thanks Slick.

 

A few years ago I became disabled and both my partner and I have had to stop work as we also have 2 small children.

 

We have been making token payments for some time now but they just keep adding a huge amount of interest and charges and the outstanding balance just keeps going up and up.

Was originally 3,500 and now nearly 7,000.

 

I think I will stop payments and send them a letter advising they haven't issued a valid CCA agreement, it can not be enforced in a court of law, and until they produce a valid CCA agreement we will be making no further payments.

 

Do you think that will be ok?

I haven't gone this far with any of the other creditors.

 

Those that can not produce a CCA have just said they will put our accounts on hold and stop further payment collections.

kx

[slick132]

Hi Kate,

 

I think what you suggest sounds sensible. BC and their DCA's are notorious for ignoring customers' difficulties.

They'll continue to pile on the pressure and add to the debt.

 

If they keep piling on interest monthly, you have no hope of reducing the debt and would be better off with them terminating the a/c so that no more interest and penalties are added.

 

Worst scenario is that they take you to court and win.

The debt is confirmed and you have to pay it off in manageable monthly instalments, according to your financial circumstances.

 

Have a look here to see if any of these letters may help you - http://www.consumeractiongroup.co.uk/forum/debt-bailiffs-advice/20758-creditors-dcas-letter-templates.html

 

[rebel11]

Hi Kate,

 

Have you been mis-sold PPI or do you have Penalty Charges on that account that you could reclaim with interest?