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CCA request and DPA


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We have a card with the account in the name of my husband. We sent a CCA request under S77-79 CCA74 in his name only for a copy of the agreement enclosing the requisite £1. He signed the main box on the agreement. I also signed the agreement as an additional card holder.

 

A reply has now been received with part of the agreement. The envelope is addressed to me rather than my husband. Before we go ahead and write back to tell them that they have not yet met their obligations under the Act for other reasons, can I have some thoughts about the DPA implications here.

 

This is not my agreement, it's my husbands. He asked for a copy of the agreement, not me.

 

Have they

a) not yet replied at all in effect as they have not sent the copy agreement to him and

b) breached the DPA as they have given his data to me?

 

Any thoughts?

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Can't help you, but would love a copy of the letter you sent them so I can do the same to a dca that is bugging me.

 

Cheers

 

#Steve

Barclays -

- initial letter sent

- LBA sent 30/10/06

- settlement "good will" offer 10/11/06

- rejection letter sent 11/11/06

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The creditor has failed to comply with the CCA because they have not sent you a complete true and signed copy of the agreement and they have sent it to the wrong person. In reality if they had send the whole agreement to the wrong person it wouldn't have made a lot of difference in any court proceedings as they could have corrected themselves to overcome an accusation of non-compliance.

 

More seriously in sending you the letter rather than your husband they have certainly breached the Data Protection Act. A complaint to the Information Commissioner may be in order but don't expect anything other than an assurance from the creditor that they have reviewed their procedures and that this will never, ever, not in a month of Sundays, ever happen again.

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Thanks for that V & S. (S - I want to call you Semi, like the sidekick or ''royal aide' in Coming to America).

 

I know you are right but hopefully I will at least elicit a sharp intake of breath when they realise what has happened. Even better if I get a smacked forehead with an 'Oh no!' I shall be informing the IC but as you say, I won't be holding my breath.

 

Congrats to you both by the way

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I agree with Seminole, the DPA breach is far more serious

 

Seminole it will never, ever, ever happen again in a month of Sundays with every day having a full moon ;)

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.

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