Jump to content

 

BankFodder BankFodder


MAVE

Ignoring my S.A.R

style="text-align:center;"> Please note that this topic has not had any new posts for the last 4831 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hello everyone

 

I have a very large amount in dispute with Barclaycard via a DCA who says they bought the debt. At the end of Nov last year I sent them an SAR request. They replied by just sending copies of all my correspondance with them and notes they made- nothing about charges etc.

 

I copied a letter from templates saying they had not comp;lied with my request but have meanwhile had v nasty letters threatening me with legal action.

 

I am happy- well, not happy- but ok with paying them a small amount of the debt I owe, but not the figure they quote as I think this must nearly all be charges/interest. I was hoping maybe to make them an offer and monthly payment amount,once I had seen how much of the amount was charges.

 

Could anyone advise on action to take? I can wait for a response to my non-compliance letter but I am spooked by their letter and threats, although luckily they do not have my telephone number.

Share this post


Link to post
Share on other sites

If you have not received you SDAR within the stated period, you can apply to the court for an order for it to be supplied to you, under Part 11 section 7(9) of the DPA

If it is still not supplied to within the time stated by the order you can then ask the court to implement section 24 which can carry a prison sentence or £5000.

There not many data controllers that do not take notice of the court order in the first instance, because of the threat of imprisonment.

Failure to supply your SDAR is first a breach of the Act if they take no notice of the court order its a a criminal offence.

 

Sparkie 1723

Share this post


Link to post
Share on other sites

Thanks Sparkie

 

I can assumefrom your reply that you agree that what they have sent me is definitely not what I should have received when I sent the SAR then?

 

Does anyone have a template for the letter?

Share this post


Link to post
Share on other sites
If you have not received you SDAR within the stated period, you can apply to the court for an order for it to be supplied to you, under Part 11 section 7(9) of the Data Protection Act

If it is still not supplied to within the time stated by the order you can then ask the court to implement section 24 which can carry a prison sentence or £5000.

There not many data controllers that do not take notice of the court order in the first instance, because of the threat of imprisonment.

Failure to supply your SDAR is first a breach of the Act if they take no notice of the court order its a a criminal offence.

 

Sparkie 1723

 

Is there a process for this and what court forms and costs are required


SBFIDO

 

Accredited Member of the CIEH

 

No more will I be bullied or harassed.

 

When informed that the call is recorded for training and monitoring I always say I don't want it used for training. :razz:

 

I always ask for the ICO registration information - they often dont have it, shame i never discuss my personal data unless I know they comply with the DPA.

 

Finally I always record calls and state at the start of there call. Although I don't have too.

Share this post


Link to post
Share on other sites

This is confusing.... its not clear if you sent the SAR to Barclaycard or the debt collection agency? Its actually a CCA that you send to the DCA and the SAR goes to Barclaycard. Can you please clarify.

Share this post


Link to post
Share on other sites

Hi

 

Sorry for the late reply. Was ill today.I sent a cca request first to the DCA then an SAR to the DCA, who then said they had applied to Barclaycard for the information. They then sent me a photocopy of my original application form and that is all. I have since learnt from reading other posts on this site that this does not actually comply with a request for CCA, but was not 100% sure about this so did not send a letter to the DCA.

 

Since then the DCA has also sent me a list of copied pages with their notes on it, and copies of letters sent, but I know this is non-compliance with the SAR. Shall I also SAR Barclaycard? I have not contact details for them as it was 5 yearsago since I had the card and my ex-partner ran up the extra debts on his subsiduary card after telling me he had cancelled the cards. Since it was me as the main cardholder, I am responsible.

 

Could you advise on what to do now? Which letter to send and to whom?

 

Thanks

 

Mave

Share this post


Link to post
Share on other sites

Send the sar to barclays bank. wait for the time the letter is in the template section. you should recieve a reply within 7 days it will be like this :

 

http://www.consumeractiongroup.co.uk/forum/barclays-bank/55353-barclays-link.html

follow the link on this thread and see what they are. you will need to click on the pictures to enlarge them !!!!!!!


CLICK HERE FOR A LOOK AT ALL OF MY FILES: http://s134.photobucket.com/albums/q82/bailiffchaser/

do not forget to click on my scale if i am giving you the right advice or advice is making sense click my scales otherwise others think i am not helping you.

Share this post


Link to post
Share on other sites

Hi Mave, it is not needed to send a SAR request to the DCA, just a CCA. If I were you, I would ask them to return your £10 (if you sent it) because they cannot really supply any more information than what is already contained in the CCA. Included in your CCA you should have a statement of all the payments you have sent to them, and should be able to see any charges they have imposed which the are not entitled to do. The SAR request goes to Barclaycard. It doesnt matter if you cant remember the account number. Tell them you had an account with them and give them the rough dates and include your date of birth and a copy of a bill to prove your address. Make sure you include £10 as the 40 days starts from them receiving the £10. Their address is PO Box 599, Manchester M60 3NF.

 

Let me know how you get on.

Share this post


Link to post
Share on other sites

Mave, is the DCA Cabots, by any chance? There is a LOT of info here about them, and their doppelganger, Kings Hill No. 1. I'm starting out on a battle with them and Barclaycard too, so GOOD LUCK. Try to keep us all posted on your progress. And above all... DON'T LET THE B****RDS GRIND YOU DOWN!!!!

 

Seahorse

Share this post


Link to post
Share on other sites

Hi Seahorse and everyone who has given me advice

 

No, the DCA are Lowell and I was confused because they said that they had 'bought' the debt from Barclaycard.

 

I CCA'd them but no one could tell me for sure if the copy of application form they sent back was enough to comply with my CCA request.

 

People then advised me to sent a SAR letter and £10 to them which I did.

 

Which letter should I now send to the DCA? Is the copy of my original credit card application enough to comply with a CCA request?

 

Everyone seems to be saying that I should now send £10 and a SAR letter to Barclaycard. Is this right? Surely if the DCA have bought the debt, Barclaycard would tell me I have to deal with them?

 

Pleas, please a definitive answer would help- if anyone can give it!

Share this post


Link to post
Share on other sites

The way I'm going to be dealing with mine is, CCA my DCA, Cabot who have apparenty bought the debt. But as my CCA states, I am also going to be chasing Barclaycard with an SAR as my dispute will be on the grounds that some of the original debt was made up of unlawful charges. Plus the fact that I haven't had a statement from them for several years. See where that goes.

 

Your DCA can't add on any charges or take action I believe, if you are disputing the original debt. Someone here will no doubt correct me if I'm wrong.

 

Hope this helps

 

Seahorse

Share this post


Link to post
Share on other sites

Thanks Seahorse

 

I will SAR Barclays. I thought no action could be taken by the DCA whilst in dispute but they keep sending letters threatening a CCJ, bailiffs etc as do a legal firm which says it has been employed by the DCA to act in court.

 

This is why I am worried.

 

Also, which is the correct letter for non-compliance to a CCA request to send them. I am confused...

Share this post


Link to post
Share on other sites

There is so much conflicting advice here its no wonder the OP is confused !:rolleyes:

 

It was Barclays who levied the charges in the first place,by nature of this it is they who created the debt and ultimately it is THEY who will be asked to repay the charges,that will ultimately cancel out the debt.

They should be sent the SAR as this will include information that you need to show the unlawful penalty charges.

The dca have not levied penalty charges they have simply aquired the debt and your CCA request for documentation is to show that they are entitled to enforce collection by having the proper documentation to do so.A SAR is not needed for them since the information they are likely to hold is only concerning the debt and this can be requested within the CCA letter.

A sar or cca is not required purely to obtain statements,these should be freely available upon request,as should a list of payments that have been made against the debt if an arranged payment plan is in place.

Where there are several collection agencies involved it is often a good idea to send the 2.00 for credit files they can be had in less than 7 days.You can then check the details held there for default registers/re-registers and see exactly who is administering the debts,and see whether there have been any mistakes made.

This is the quickest way to determine who you need to deal with instead of going around in circles.

  • Haha 1

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

Share this post


Link to post
Share on other sites

I fully endorse what Martin has said but would add this. Your CCA request is not satisfied simply with an application form, it must also include a copy of the terms and conditions applicable when you opened the account plus a copy of any document mentioned in the agreement, alos a statement of the account to date.

 

There are 2 fields of opinion over the agreement/application form Mave does your application form say as the top that it is a Credit Aghreement regulated by the consumer credit act ? or does it just say Barclaycard application form ?

 

If it's the former then its most likely that it does conform to the requirements of the CCA. The latter definitely does not conform and is unenforceable unless a Judge enforces it in court.

 

From experience Barclaycard used a simple application form for some considerable time NONE of which are now enforceable simply because they didnt follow it up with a properly executed agreement.

 

PM me if you need more help pleae Barclaycard are becoming one of my pet projects very rapidly :D


Alliance & leicester:Settled 8/9/06 http://www.consumeractiongroup.co.uk/forum/alliance-leicester-successes/19700-tamadus-l.html?highlight=tamadus

Capital One:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/capital-one/16644-tamadus-capital-one.html?highlight=tamadus

MBNA 2 accounts:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/other-institutions-successes/13831-tamadus-mbna-i.html?highlight=tamadus

Smile:Settled 15/11/06

Egg Card:S.A.R - (Subject Access Request) sent 2/10/06

GE Money:S.A.R - (Subject Access Request) sent3/8/06 LBA sent 26/9/06

Abbey:ERC prelim sent 14/9/06. LBA sent 2/10/06. Now it's getting interesting so keep watching

Barclaycard:In criminal default watch this space

Lloyds TSB:In criminal default watch this space

 

If my comments have been useful please click the scales and let me know.

Share this post


Link to post
Share on other sites

I'm particularly peeved with Barclaycard as they sent me a pre-approved application for a card at a time when my credit score should have denied me access to such a powerful tool. As it was about 10 years ago, I can't remember what form the application took... whether it was just a return of the mail originally sent, or whether they sent an agreement to sign. I can't wait to see how this pans out, and I'll be starting a new Barclaycard thread once it all becomes clearer. At least Kermit KNEW he was a Muppet.

 

Seahorse

Share this post


Link to post
Share on other sites
I'm particularly peeved with Barclaycard as they sent me a pre-approved application for a card at a time when my credit score should have denied me access to such a powerful tool. As it was about 10 years ago, I can't remember what form the application took... whether it was just a return of the mail originally sent, or whether they sent an agreement to sign. I can't wait to see how this pans out, and I'll be starting a new Barclaycard thread once it all becomes clearer. At least Kermit KNEW he was a Muppet.

 

Seahorse

 

 

Yes this was a period when others too were doing this.

In particular Associates (later Citicard)

They charged something like 25 quid to allow you the priviledge of having the card.......you had to deposit 100.00 (so your own money )to be able to use it !!......Vanquis were another.

In those days there was little other option to get a visa card unless your credit files were whiter than white.

If I am not mistaken one of these card issuers was connected to Provident (the doorstep loan people ) who charge extortionate rates of interest.:rolleyes:


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

Share this post


Link to post
Share on other sites

If I remember right Vanquis have one of the highest interest rates around at something in the order of over 50%.


Alliance & leicester:Settled 8/9/06 http://www.consumeractiongroup.co.uk/forum/alliance-leicester-successes/19700-tamadus-l.html?highlight=tamadus

Capital One:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/capital-one/16644-tamadus-capital-one.html?highlight=tamadus

MBNA 2 accounts:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/other-institutions-successes/13831-tamadus-mbna-i.html?highlight=tamadus

Smile:Settled 15/11/06

Egg Card:S.A.R - (Subject Access Request) sent 2/10/06

GE Money:S.A.R - (Subject Access Request) sent3/8/06 LBA sent 26/9/06

Abbey:ERC prelim sent 14/9/06. LBA sent 2/10/06. Now it's getting interesting so keep watching

Barclaycard:In criminal default watch this space

Lloyds TSB:In criminal default watch this space

 

If my comments have been useful please click the scales and let me know.

Share this post


Link to post
Share on other sites
I'm particularly peeved with Barclaycard as they sent me a pre-approved application for a card at a time when my credit score should have denied me access to such a powerful tool. As it was about 10 years ago, I can't remember what form the application took... whether it was just a return of the mail originally sent, or whether they sent an agreement to sign. I can't wait to see how this pans out, and I'll be starting a new Barclaycard thread once it all becomes clearer. At least Kermit KNEW he was a Muppet.

 

Seahorse

 

send them a CCA request Seahorse and you will find out :) it's cheap enough at only £1 lol


Alliance & leicester:Settled 8/9/06 http://www.consumeractiongroup.co.uk/forum/alliance-leicester-successes/19700-tamadus-l.html?highlight=tamadus

Capital One:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/capital-one/16644-tamadus-capital-one.html?highlight=tamadus

MBNA 2 accounts:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/other-institutions-successes/13831-tamadus-mbna-i.html?highlight=tamadus

Smile:Settled 15/11/06

Egg Card:S.A.R - (Subject Access Request) sent 2/10/06

GE Money:S.A.R - (Subject Access Request) sent3/8/06 LBA sent 26/9/06

Abbey:ERC prelim sent 14/9/06. LBA sent 2/10/06. Now it's getting interesting so keep watching

Barclaycard:In criminal default watch this space

Lloyds TSB:In criminal default watch this space

 

If my comments have been useful please click the scales and let me know.

Share this post


Link to post
Share on other sites
send them a CCA request Seahorse and you will find out :) it's cheap enough at only £1 lol

 

I've already CCA'd Cabot as they now own the debt, so it's up to them to prove I owe them anything. Might turn out that they CAN'T produce anything to back up their claim. BUT. Will SAR Barclaycard too, as

 

a) I want back what they mischarged me in the first place, and

 

b) Whatever the outcome, will be another victory against Cabot; any money I get back will offset whatever I give them, IF they can prove the debt.

 

I really do need to start another Barclaycard thread, but I'm off to the States for a month tomorrow, so I think I'll have to start that battle proper when I get home. Be interesting to see what mail awaits when I get home. :rolleyes:

 

Seahorse

Share this post


Link to post
Share on other sites

Hello Everyone

 

Thanks for the help and answers. It seems clearer to me, and I will check the form that the DCA sent me,which is the application from Barclaycard. I think it does say 'consumer credit agreement, act no...' at the top, so it seems I have no rights there to say they have not complied.

 

I will SAR Barclaycard, but what worries me is that it is the DCA who are persisting in sending me the threatening legal letters. How do I get them to stop? Surely they won't care if I write them saying I have SAR'd Barclaycard? Judging from experience, they have simply ignored that fact that I have put 'this debt is in dispute' at the top of all my letters and simply sent more and more threatening ones.

 

I am at a loss at the moment and even considering letting them CCJ me, as I am now with a partner who is horrified by debt and I am more worried about their reaction to my predicament. We are thinking of moving anyway, and I would rather leave it all behind me.

 

I know this would be stupid and probably won't do it- especially because of the threat constantly hanging over me- but that's how depressed I feel about all this.

 

And judging from Seahorse's (I think) case with Barclaycard, I doubt that they will back down and admit charges and reduce the debt to a manageable size. This is making me ill with worry.

 

Any thoughts anyone?

Share this post


Link to post
Share on other sites

Mave, you are blowing this all out of proprotion. If you follow the procedure advised here, then you will get your charges back and the debt will be reduced.

 

Ignore the letters from the DCA. You have told them that the debt is in dispute. It highly unlikely that they will try to CCJ you. Even if they did, you can defend this in court and take the copies of the letters you have sent them. A judge will not grant a CCJ whilst the debt is in dispute. You are letting these people frighten and bully you, which is what they want.

 

Barclaycard's charges are unlawful. That is the law! They will have to give you them back. They will not do this without putting up a fight, as we all know. They are going to hope, like in your above post, that you are going to give up your fight if they make it difficult and stressful for you. However, this is something we have all gone through and got our money back at the end of it.

 

Do not give up, and do not run away.

 

We are all here to support you.

Share this post


Link to post
Share on other sites

I agree with Stansfield Mave, calm down, have a nice hot drink and relax then get this into perspective.

 

The DCA's all work on the basis of bullying and intimidation. They want you in a state where you can't think straight and will pay whatever they ask. They dont expect you to know what your legal rights are and they play on your fears.

 

In CAG we have all been exactly where you are and by following the advice in here we have come through it a lot stronger and a lot better off financially.

 

Moving is not really the answer as they will only bide their time untill they find you. The only answer is challenging them by using the legal rights and safeguards built into consumer credit law.

 

Most of the letters from the DCA you can almost ignore, but please post here any that trouble you and we can advise on them. send an SAR to Barclaycard ASAP. If you can scan the agreement and them pm me for my private email address and I'll tell you if its valid. Get a file folder and keep every letter sent and received in it.

 

They should also have sent a copy of the terms and conditions in force at the time the account was opened, plus a statement of account. Did they do this ?

 

I think thats enough for you to be going on with for now. just post here or PM me any time. PM is often better as I do monitor a lot of threads lol


Alliance & leicester:Settled 8/9/06 http://www.consumeractiongroup.co.uk/forum/alliance-leicester-successes/19700-tamadus-l.html?highlight=tamadus

Capital One:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/capital-one/16644-tamadus-capital-one.html?highlight=tamadus

MBNA 2 accounts:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/other-institutions-successes/13831-tamadus-mbna-i.html?highlight=tamadus

Smile:Settled 15/11/06

Egg Card:S.A.R - (Subject Access Request) sent 2/10/06

GE Money:S.A.R - (Subject Access Request) sent3/8/06 LBA sent 26/9/06

Abbey:ERC prelim sent 14/9/06. LBA sent 2/10/06. Now it's getting interesting so keep watching

Barclaycard:In criminal default watch this space

Lloyds TSB:In criminal default watch this space

 

If my comments have been useful please click the scales and let me know.

Share this post


Link to post
Share on other sites

Tis is one of the reasons i do not advise people . you tell them what the result is going to be and they just back out. usually the same group of people are who we commonly know as whingers!!!!


CLICK HERE FOR A LOOK AT ALL OF MY FILES: http://s134.photobucket.com/albums/q82/bailiffchaser/

do not forget to click on my scale if i am giving you the right advice or advice is making sense click my scales otherwise others think i am not helping you.

Share this post


Link to post
Share on other sites

Tamadus I am querying credit card application forms instead of agreements too. I have two which are illegible and have been cut and pasted. One is just an application form the other? Well until I get a proper copy I can't tell.

With regard to a copy of terms and conditions. One has just sent a copy but all is said it should have been read at time of agreement. It isn't part of the agreement and there are no signatures either by myself or the credit card company. How can just sending a copy of T&C separately uphold what is an application form and not a full agreement?

Share this post


Link to post
Share on other sites
Tamadus I am querying credit card application forms instead of agreements too. I have two which are illegible and have been cut and pasted. One is just an application form the other? Well until I get a proper copy I can't tell.

With regard to a copy of terms and conditions. One has just sent a copy but all is said it should have been read at time of agreement. It isn't part of the agreement and there are no signatures either by myself or the credit card company. How can just sending a copy of T&C separately uphold what is an application form and not a full agreement?

 

Rhia copies of agreements should be elligible, otherwise I suspect a judge would have difficulty enforcing it, The cut/paste also sounds very suspect.

 

The terms and conditions form an integral part of the agreement and should be refered to in it. They form the basis on which it can be altered to allow for interest rate changes etc. T&C sent as part of the request should be those applicable at the time of opening the account. If the application form does not carry the CCA requirements then it is simply an application form. The obvious first requirement is the title should read 'Credit Agreement Regulated by the Consumer Credit Act 1974. If that is not the title of the document then its almost certainly NOT an agreement.


Alliance & leicester:Settled 8/9/06 http://www.consumeractiongroup.co.uk/forum/alliance-leicester-successes/19700-tamadus-l.html?highlight=tamadus

Capital One:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/capital-one/16644-tamadus-capital-one.html?highlight=tamadus

MBNA 2 accounts:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/other-institutions-successes/13831-tamadus-mbna-i.html?highlight=tamadus

Smile:Settled 15/11/06

Egg Card:S.A.R - (Subject Access Request) sent 2/10/06

GE Money:S.A.R - (Subject Access Request) sent3/8/06 LBA sent 26/9/06

Abbey:ERC prelim sent 14/9/06. LBA sent 2/10/06. Now it's getting interesting so keep watching

Barclaycard:In criminal default watch this space

Lloyds TSB:In criminal default watch this space

 

If my comments have been useful please click the scales and let me know.

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...