Ignoring my S.A.R

[MARTIN3030]

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

 

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.

[MARTIN3030]

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.

[MARTIN3030]

Look use the weight of the law.....its on your side here,and its the only thing that gets the dcas the message.

I would send them a further letter by recorded delivery stating that if they continue to pressure you,by letters calls or anyother means,you will be reporting them to Trading standards.

In the meantime I would definately call your local Trading standards or even call into them.

[MARTIN3030]

This is how it works.

Your local Trading standards will contact the trading standards in the dcas area.

If there is a home relationship in place between them and the dca then they can act.

If a home relationship is not in place then its YOUR local one who has to investigate.

They usually ask you for all the docs involved,take copies of the originals then get on to it.

I would not agree that there are cosy relationships between trading standards and Dcas,in fact my local office is very zealous on this subject.#

I think its more a case of some trading standards officers not being fully briefed on cca law and also other issues.Sometimes they will ask for the relevant sections of the act that you believe are being breached and it certainly helps get the ball rolling if you can let them have this from the outset.

 

As regards the dca failing to comply,there have been some good results coming from court action.

I have no doubt that if a summons landed on their desk with an application for disclosure and breach of their duty then things would be very different.

Your costs of course would be awarded against them too.

[MARTIN3030]

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!!!!

 

I think this is a little unfair.

The reason they usually back out is because of confusion.

At the end of the day I am sure they want nothing more than to be able to sort things,across the internet there is a lot of contradictory advice pockets.

Of course the best learning experience is by listening to those who have seen positive results by their actions,and putting the same plans into action.

[MARTIN3030]

This is a copy of a temp letter prev used to address non cca compliance.

I believe it has worked too.

 

Naturally it needs customising depending on individual circumstances,but the necessary sections of law are quoted.

 

Your address

 

 

 

 

Date................

 

Your ref...............................

 

 

 

 

Dear Sir / Madam

I refere to my letter of............... I assume that you have passed the debt back to your client as you were unable to provide me with the documents I requested under the Consumer Credit Act 1974. which would leave the debt you say I have with your company, unenforceable under English and common law.

As you have been unable to provide me with the requested information, it is my belief that you were never in possession of a true copy of the alleged agreement for the debt that you where enforcing, or signed true copy of the deed of assignment of the above referenced agreement that you allege exists. As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the Consumer Credit Act 1974, and therefore is a complete defence to any court claim that is issued.

To this end, I do not believe that I should have been paying any amount of money to your company, it was only through harassment, threats of legal action and the fact the I was unaware of my rights under the Consumer Credit Act 1974. that I agreed to pay any thing at all.

For theses reasons set out above, I request all monies that I have paid to your company be returned to me, by my records you have taken £............In addition to full payment of this sum I require that you remove any default entry you may have placed against me from the register. Please note that mere correction or amendment to the entry will not be acceptable.

 

I require repayment in full of this money and removal of the default notice within 14 days. If you do not comply fully within this time then I shall begin a claim against you for the full amount plus interest plus a claim under ss.7 and 13 of the Data Protection Act 1998 and s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) plus my costs and without further notice.

Yours faithfully

[MARTIN3030]

Mave try not to get confused.Best way is to deal with it a step at a time.Your rights to have this noted as dispute start as soon as you become aware of the unlawful charges so its important to sar Barclays ASAP !

 

keep us posted on here.

And keep all comms with the dca in Writing not phone calls or e mails !!