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    • Ok thanks for that, well spotted and all duly noted. Yes they did eventually submit those docs to me after a second letter advising them I was contacting the ICO to make a formal complaint for failing to comply with an earlier SAR that they brushed off as an "administrative error" or something. When I sent the letter telling them I was in contact with the information commissioner to lodge the complaint, the original PCN etc quickly followed along with their excuse!
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    • The property was our family home.  A fixed low rate btl/ development loan was given (last century!). It was derelict. Did it up/ was rented out for a while.  Then moved in/out over the years (mostly around school)  It was a mix of rental and family home. The ad-hoc rents covered the loan amply.  Nowadays  banks don't allow such a mix.  (I have written this before.) Problems started when the lease was extended and needed to re-mortgage to cover the expense.  Wanted another btl.  Got a tenant in situ. Was located elsewhere (work). A broker found a btl lender, they reneged.  Broker didn't find another btl loan.  The tenant was paying enough to cover the proposed annual btl mortgage in 4 months. The broker gave up trying to find another.  I ended up on a bridge and this disastrous path.  (I have raised previous issues about the broker) Not sure what you mean by 'split'.  The property was always leasehold with a separate freeholder  The freeholder eventually sold the fh to another entity by private agreement (the trust) but it's always been separate.  That's quite normal.  One can't merge titles - unless lease runs out/ is forfeited and new one is not created/ granted. The bridge lender had a special condition in loan offer - their own lawyer had to check title first.  Check that lease wasn't onerous and there was nothing that would affect good saleability.  The lawyer (that got sacked for dishonesty) signed off the loan on the basis the lease and title was good and clean.  The same law firm then tried to complain the lease clauses were onerous and the lease too short, even though the loan was to cover a 90y lease extension!! 
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Tanzarelli V's Barclaycard


TANZARELLI
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Hey bill,

 

I'm gonna have a bash at welcome finance to try and get my ppi refunded, livelylad just posted me a basic letter which I am going to add a few scary bit two just to make them think a bit, such as claiming contractual interest at the rate they charge me for the loan, which i have to say is sky high, when i have drafted it could you give me some pointers on the wording for the interest bit? I'll post a link to my welcome thread which hasn't seen much action as i have been posting on the Welcome Finance Any Dealings Thread.

 

Thanks

 

Tanz

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Hey bill,

 

I'm gonna have a bash at welcome finance to try and get my ppi refunded, livelylad just posted me a basic letter which I am going to add a few scary bit two just to make them think a bit, such as claiming contractual interest at the rate they charge me for the loan, which i have to say is sky high, when i have drafted it could you give me some pointers on the wording for the interest bit? I'll post a link to my welcome thread which hasn't seen much action as i have been posting on the Welcome Finance Any Dealings Thread.

 

Thanks

 

Tanz

 

OK Tanz - I'm game. Go for it. Post the link. I have a possible PPI claim in future, so am willing to learn.

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Does anyone understand the following which I recieved with my Bcard letter, its info re manual intervention?

 

Manual Intervention

 

28/12/01..16:06 AC AI12 COBD BDAY CHANGE FROM B17 TO BO

01/09/06..14:12 AA SS36 AD/RS: AD/TP:0312 DATE:09/01/2006 AMT: £0.05, 0.05, 0312,

Any ideas????

 

Tanz

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Does anyone understand the following which I recieved with my Bcard letter, its info re manual intervention?

 

Manual Intervention

 

28/12/01..16:06 AC AI12 COBD BDAY CHANGE FROM B17 TO BO

01/09/06..14:12 AA SS36 AD/RS: AD/TP:0312 DATE:09/01/2006 AMT: £0.05, 0.05, 0312,

 

Any ideas????

 

 

Tanz

 

Thanks bill, just a load of gobbledegook to me.

 

Anyone else??

 

Tanz

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Phoned Barclaycard yesterday evenong to ask them if they had received my letter dated 15th Dec. I was told that they had not recieved it.

 

However decided to phone again today on the other number which I have and the lady I just spoke to carol said that it would have got sent to their legal dept if I addressed it to Adrian Whalley - Data Protection Manager. I asked her if there was any way she could check to see if it had been received and she said she would have to ring the legal dept, so she took my mobile number and I now await a call back.

 

Wee'llll seeeeee.

 

Tanz

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Did you send the letter to the Whalley by Recorded Delivery?

 

You can check whether its been signed for by putting the tracking number in to the Track and Trace box at www.royalmail.com

 

Hi noomill060,

 

Yes I did as all my other leters to the banks, however it was sent on the 15th which was a Friday. If when it is delivered there is not anyone to sign it then I was told by the post office that a card is left, this then takes time until someone can be bothered to go to the sorting office and collect the letter.

 

I have tried to track and trace and it keeps saying come back later.

 

Anyway, just rang up again as this Carol from Barclaycard had n't called back like she'd promised, and spoke to a David Prunty who put me on hold and then came back and informed me that Carol had tried to contact the DP Team but they are out of the office until after Christmas, she had also tried ringing me back but must have taken the number down wrong.

 

He did then take down both my numbers again and said he would email them to Carol with a view to ringing me to update me on wednesday of next week. He also said that Carol had put in an urgent request for the statements to be sent out to me on wed or thurs of next week also. I did point out that as of the date of my last letter they were already 63 days over the original deadline rerquired within a SAR, and that I was not happy that nobody was taking this matter seriously. He apologised again to me and said that Carol will get onto this as a matter of urgency next week.

 

We will see. I will wait until then but only because its Christmas.

 

Tanz

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Right.

 

Well, if it hasnt been delivered/signed for, the Post Office keep it for 3 weeks and then return it to you.

 

However, posties are quite good at just delivering letters and packages sent RD if its too much like hard work taking them back to the depot again.

 

So, if you dont get it back within 3 weeks, its safe to assume that Barclays HAVE got your letter, but they didnt have to sign for it, so you are relying on their honesty as to whether they've got it or not.

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Well there's a surprise!

 

 

Had a phone call from Carol at Barclaycard this morning. It seems that she did try to call me but stupidly I gave her the wrong mobile number yesterday, since checking it there was one wrong digit. I checked the one save in my phone and that was also wrong so I don't know haw many people I have given this to.

 

Anyway she was very nice and said she has made an urgent request for my statements. She asked if it was because I was claiming back charges, to which I happily said well "yes it is, and you might want to know that I have already successfully claimed bad £1950.73 from Barclays" to which she replied "What Barclays Bank?" I replied "yes". I'm sure that has been noted on the file for future reference. I think they might even give me a smooth ride on this one. The only snag will be that I want to claim Contractual Interest on this so if they settle early because they think, well he will go all the way on this as he has already claimmed and won against Barclays Bank, I might not get the chance to do this, which will be a gutter.

 

Will keep you posted.

 

Happy Xmas to all site users, especially all the Site Helpers, Mods, and Administrators, I hope you all get a bit of a break, and thanks for all your dedicated hard work, its, in the words of one well known credit card company, "PRICELESS"

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I wouldnt hold out much hope of an easy ride from B@stardcard! Each case will be looked at on its merits and they will be just as reticent to give money away as ever!

 

But you will win in the end, of course!

 

Oh yes I most certainly will, me thinks.

 

We live in hope though eh?

 

Tanz

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Well,

 

Just recieved a personally signed letter from Adrian Wally (I mean Whalley) it reads:

 

22nd December 2006

 

Your ref:

Our ref: LRC/AHW

 

Dear Mr Tansley,

 

Thank you for your letter of 15 December which reached me on 20 December. (are you scared?, are ya?) I regret the challenges you have bee experiencing in getting a response to your data subject access request. (pull the other one mate, its got bells on)

I have followed this up with my colleagues in Manchester who have charge of your request and I will write to you again when I have any more information. (don't bother I don't need a pen pal. Just get the info to me) Given the season, you will appreciate that there may be a slight delay my having this information to hand. (another excuse they are milking to the max, soon it will be "you know its easter, it is") However, I will do the best that I can. (well let me tell you, your best is not good enough Adrian, as of todays date you have now had 116 days to sort this sh*t out, I could have walked backwards from Worcester to Manchester blindfolded, ate all your microfishes and walked back on my hands over hot coals, quicker, you snail of a person, stop talking about it and get on with it. Go and walk there and get them or something.)

 

Yours sincerely

 

Adrian Whalley

Head of Privacy & Data Protection

Legal Councel

Data Protection Team

Legal and Regulatory Compliance

Dept LRC

(Too many titles not enough action)

Any thoughts folks?

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Right enoughs enough. New year, new course of action from me to Barclaycard, no more Mr Nice Guy, the softly softly approach gets you nowhere.

 

Letter Before Action going of tomorrow for non-compliance giving them the final chance to do the right thing before I file for a court order.

 

My Address

 

Mr Adrian Whalley -The Data Protection Manager

Data Protection Team

Department LRC

Barclaycard

Northampton

NN475G

 

1st January 2007

 

 

 

 

 

LETTER BEFORE ACTION

Section 7 – Data Protection Act 1998

 

 

Dear Adrian Whalley,

 

Account Number: **** **** **** ****

 

You have failed to comply with my Data Protection Act Subject Access Request dated 3rd September 2006.

 

If you do not comply within the next 7 days I shall seek a Court order obliging you to do so together with damages at the discretion of the Court and without any further notice.

 

 

Yours faithfully,

 

 

Tanz

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