Hi,
I have a debt with Lowells bought from HFC Bank, for approx £290
the last payment/acknowledgement was in March 2009.
Lowells bought the debt and started sending me letters and calling as they usually do.
However after first reading this site I sent them an SAR in March 2014.
They have dragged their feet attempting to comply with my request until today (Sunday)
I received an email from them the contents below.
They sent statements and other fairly useless info to me but failed to send an original CCA signed by me.
They have now stated they do not need to and instead sent me a copy of the agreement I may have signed way back in 2005.
The copy has my details handwritten but no signature or anything else.
Is there anything else I can do about this, as they say I now have 30 days to "arrange a repayment plan"....
As you can see from the email this has been going on since March 2014.
I also have a Barclaycard debt with them for which I am just starting the same process
as on the original SAR they only complied partially with the HFC account
and again have done nothing with the Barclaycard SAR or account since then
- well over 7 months for them to get the info together which they presumably dont have!!!
Contents of todays email copied below ----
Original Creditor: HFC Bank LTD
I write further to our email dated 21 August 2014 and apologise for the delay in responding.
Summary of your complaint
You are unhappy with our contact in relation to the above former HFC Bank LTD account,
as you believe we have failed to supply you with all the information you have requested under the Data Protection Act 1998.
My Findings
Please be aware that under Section 7 of the Data Protection Act 1998, we are only required to provide you with the documents that we hold.
We have no obligation to seek and obtain further documents that you request under this legislation.
Our records show that we responded to your request for information under Section 7 of the Data Protection Act 1998
and provided you with the data you are entitled to under such a request on 5 March 2014.
The Data Subject Access Request pack we provided complies with the requirements made under the request.
I note that you have requested a copy of the signed original credit agreement for the above account.
The documents required to be supplied in relation to any account governed by the Consumer Credit Act 1974
have been the subject of a lengthy legal test case of Carey v HSBC Bank PLC [2009]
where it was held by the High Court that to comply with such a request:-
1. The original signed agreement need not be supplied, as a reconstituted copy of the agreement is sufficient
provided it contains the name and address of the person as it was when the credit agreement was signed; and
2. If the terms and conditions of the credit agreement have been varied following the date it entered into,
then a copy of the last varied terms should also be supplied.
Given the above, please find attached a reconstituted copy of the agreement as supplied by the original creditor, HFC Bank LTD.
I have also enclosed statements of the account which demonstrate the balance remains outstanding and due.
I have placed your account on hold for 30 days to allow you the opportunity to review this information to contact us
with your repayment proposals. If we do not hear from you within this time, collection activity will resume.
I hope that this response concludes the matter to your satisfaction. If for any reason you are not satisfied with this response,
please do not hesitate to contact me on telephone number 0800 5420 058 or reply to this email.
Please refer to our email dated 21 August 2014 which gives you the right to refer this matter to the Financial Ombudsman Service.