Ignoring my S.A.R

[MAVE]

Hi Bailiffchaser

 

Yes, the 40 days is up, but I could not get an answer as to whether what they sent in answer to my CCA was okay or not.

 

Do you know?

 

Also, after this CCA letter, someone on this site told me I should send a SAR letter, which I did, and got back just sheets of their own notes and copies of my own letters.

 

Then after asking advice on here, I found I was barking up the wrong tree and should have SAR'd Barclaycard, which I now have.

 

But these legal letters have now been coming from a separate legal company.

 

Is my idea, sending them copies of everything, correct, do you know? Or can you suggest another route?

[Bailiffchaser]

You need to send the sar to barclaycard at their pavillion drive addres and adress it to the data protection team. They will then send out to you a envelope or two full of your statements but printed in a diffrent way to what you are used to seeing. If however you do not recieve a reply to your sar or you think that barclaycard are hiding information then you can issue a non compliance claim against them. The cca is if you are after a copy of the original agreement.

[MAVE]

Hi Bailiffchaser

 

I have sent Barclaycard the SAR to that address as advised, and still awaiting a reply, though it hasn't even been 12 days yet.

 

I really just needed to know what to do about the DCA and now their legal people- another, separate company. How to get them off my back?

 

Also, I would be grateful if anyone at all could tell me whether sending me a copy of the 1st page of my application form to Barclaycard is in compliance with the Consumer Credit Act letter that I sent them, or not. If not, I can then send a letter stating this.

 

My other idea is whether to send both the DCA and their lawyers a letter stating that they have not complied to my request by CCA because they have at no time sent me a copy of a legal letter stating that they have bought the debt from Barclaycard.

 

Does anyone agree? And does anyne have a template?

Thanks

[Bailiffchaser]

Let the dca do what they want just ignore any threats etc. Unless they actually issue proceedings in court you are safe. If in the meanwhile they do issue in court then you can file a defence to the effect that you are waiting for a reply to your sar. Also notify the cra that the account is in dispute.

[tamadus]

Mave from what you have said I dont think the agreement copy they have sent is sufficient, did they include a copy of Terms and conditions with it ?

 

The DCA is trying to apply pressure by causing confusion, to some extent you can almost ignore them (not totally though) If they do issue in court then you simply defend the entire debt as its based on unlawful charges, mention in the defence you are awaiting a reply to an SAR to calculate exactly how much is due to be reclaimed. The judge should then grant a stay allowing time for you to properly counterclaim.

 

As the DCA is creating confusion by using at least 3 different companies just write back to them (the one you have been dealing with) and tell them you will only reply to them. That should reduce their letters and threats.

 

Any possibility of scanning the Agreement copy they sent you ? I can better advise by actually seeing it. Also dont forget that any paperwork which is part of the agreement should be legible.

[MAVE]

Hello Tamadus and Bailiffchaser

 

Thanks, that was very helpful.

 

I haven't got a scanner, but I will check again what they have given me.

 

If, as you say, they haven't sent me the lawful' answer to my CCA, shall I send them a letter stating this? And also, a letter saying that they haven't yet sent me a copy of an agreement saying they have bought the debt from Barclaycard?

 

Interestingly, I noticed that the legal company say that they were instructed by 'Lowell Portfoli 1' and I seem to remember someone saying that this company was acting illegally or was not registered or something? Must check this

[MAVE]

bump

[tamadus]

I would certainly write and tell them the situation they are in.

 

Not sure about Lowell but it looks like they may have processed data without concent.

[MAVE]

Hi Tamadus

 

Excuse my ignorance, but what did you mean by 'data without content'?

[tamadus]

ooops that should read consent

[MAVE]

Oh thanks! I'm not as ignorant as I thought !