womble005
-
Posts
65 -
Joined
-
Last visited
-
PS: Brigadier, yes, I made both a CCA request and an SAR. Perhaps they're just confusing themselves, as well as me! They sent me an entirely illegible set of T's&C's, and I wrote back to them (and Lowell) with words to the effect of 'this is completely illegible'. Lowell came back with a load of claptrap about having fulfilled their obligations under section 77-78 of the Consumer Credit Act - which I, in turn, responded to with a letter saying 'No, you haven't'. I'm just copying Lowell with everything I send to Barclaycard.
-
Ok, I will. Thank you.
-
Plus, my SAR letter was delivered to Barclaycard on the 4th June - so, including today, they're 78 days OVER the 40 day time limit in which to comply. Surely that warrants a complaint to the Information Commissioner's Office?
-
I don't understand, though. I sent an SAR, so why are they responding as though they can't find my account, despite the fact I've given them all the personal info they need? (PS: when I say "my", I'm referring to my husband, who is the one Barclaycard are chasing. It's just easier to refer to it as 'me'!
-
Hi all, So, the matter rolls on… and on. To recap, on the 3rd June, an SAR was sent to Barclaycard, which they denied having received. We provided evidence of the SAR having been delivered 'signed for' by the Royal Mail. To date, no documentation pursuant to the SAR has been forthcoming. A complaint was made to the Financial Ombudsman on the 17th May on the basis of the unacceptable length of time it was taking Barclaycard to provide the required documentation. Barclaycard wrote to us on the 4th August in connection with the Financial Ombudsman complaint to say the Ombudsman had '…not provided sufficient details for (them) to be able to investigate…', and requesting the following details: First name (which was on the FO complaint form), date of birth and any previous addresses. This information was provided to Barclaycard on 11th September (there was a lapse in our response owing to the inability of the Royal Mail to get our mail forwarding facility set up after we moved home on the 1st July). We have now received a letter from Barclaycard - undated and unsigned, and without any form of reference number - which reads: '…We refer to your request for information under Section 78 of the Consumer Credit Act 1974 dated 11th September 2014. Based on the information you have given we are unable to locate your Barclaycard account number. If you would like us to respond to your request, please provide further information to enable us to identify your account'. I'm ASSUMING this letter pertains to the SAR, and NOT the Financial Ombudsman complaint? It originates from a completely different address to the one where the SAR was sent. Surely, if we provide an account number, that's an admission of liability?
-
PS: Lowells letter also states that Barclaycard have said they never received the SAR. Funny that, seeing as how I have proof of delivery from the Royal Mail website - signed for the day after I posted it. Therefore, Barclaycard are LYING by saying they never received the SAR - surely that's worth a complaint to the Ombudsman alone?
-
UPDATE: we have received a letter from Lowells stating that they do not have to provide an exact copy of the signed CCA, and are permitted to send a reconstituted copy of the agreement - which they have enclosed, although it is no more legible than the previous version. They are stating that they believe the balance to be valid and due. They further state that, because my husband made a payment via 'Scotcall' (one payment in Jan and Feb 2013), that this is an admission of liability. My husband was experiencing severe emotional distress between December 2012 and April 2013 owing to the death of his parents (and I have already made Lowells, Fredrickson and Bryan Carter aware of this fact). When he heard the words 'court', he panicked and made a payment - without recalling any details of the alleged debt at the time. Therefore, I would argue that this is in no way an 'admission of liability'. Next move?
-
Fletch, whoops, I meant to say the only letter we've received from Barclaycard was dated the 8th July. We never received the letter they refer to dated the 18th June.
-
Hi Fletch, yes, I wrote to Lowells and Bryan Carter saying the reconstituted agreement was not legible. No response from either of them, though.
-
UPDATE: we wrote to the Data Controller at Barclaycard on the 3rd June (now well over the 40 days time limit) with an SAR. The only thing we've received from Barclaycard is a letter dated 18th June which reads: "We are still looking into your complaint. We wrote to you on the 18th June 2014 about your complaint. I am sorry that we are not in a position to give you a final response, but wanted to reassure you that we are still looking into it. Thank you again for your patience. We are working to resolve your complaint as quickly as we can and we will be in touch again by 6th August 2014. If you have any questions in the meantime, please call us on the telephone number above". We didn't receive any letter from Barclaycard dated the 18th June. We haven't received any further letters from either Lowell or Bryan Carter since the 29th May when BC sent a reconstituted credit agreement - large parts of which were completely illegible. Thoughts/comments greatly appreciated.
-
UPDATE: had a letter from Lowell Group dated 4th June which reads: QUOTE "I am writing to update you on the progress of your complaint investigation. Thank you for your patience so far. In order to investigate your complaint fully, it has been necessary to gather and review relevant information about your case and this is taking longer than anticipated. I hope to have completed my investigation and be in a position to provide you with a full response as soon as possible. As it has now been eight weeks since we received your complaint, you do have a right to refer your case to the Financial Ombudsman Service, although I trust that this will not be necessary. Please find enclosed a copy of the leaflet "Your complaint and the ombudsman" for your information. If you would like to discuss your case further at this stage, please feel free to contact us on 0800 542 0058" UNQUOTE. A couple of points from our side: 1. We never, actually, made a 'complaint' to Lowell or Barclaycard in the first place. Dialogue with them first began by way of a letter sent via CAGmail on the 6th December 2013 to Lowell Group. However, if Lowell wish to refer to the matter as a 'complaint', then they've actually had WAY longer than eight weeks to provide the requested documentation as the 6th December was 27 weeks ago. 2. We've already made a complaint to the Ombudsman on the basis of Lowell/Barclaycard failing to provide any proof of the debt in a timely manner. The Ombudsman are processing the complaint now. Comments and feedback appreciated.
-
Fletch70, no there isn't any mention of a timescale at all on the Fredrickson letter. OK, I'll respond to them with the suggested letter early next week. Thanks again for your help.
-
Thanks for your message, fletch70. Do you think I should wait for the results of the SAR before sending the above?
-
Thanks for the info, Sabre Sheep - that sounds like a good idea. However, I'm still confused. How come Barclaycard can still claim this amount is owed when no signed agreement exists?
-
UPDATE: Have received a letter from Fredrickson International stating: QUOTE: "We note your comments regarding the agreement you were sent however, our client is only obligated to send you a true copy of the agreement, a "true copy" will therefore contain all the material provisions which would have been in the original. it is not necessary to provide you with a copy of your contract for this purpose. We therefore consider that our client has complied with its obligations under the Consumer Credit Act 1974". We confirm we have referred your request in regards to a Subject Access Request to our client and will revert back to you in due course". UNQUOTE. Does that mean that my husband has to start paying back the alleged debt even if Barclaycard cannot produce the originally signed agreement?
