SAR Barclays

[takeitalltheway]

I am repaying a loan through a DMP and think I may have been missold ppi. I sent a SAR to Barclays who have now written back saying they are unable to locate any substantive information regarding my former banking arrangements but this may change as they make further enquiries. The informatioin from the banks systems begin to decay after a period of 3 years from the closure of the last account and after 6 years very little data remains!!

 

This loan was taken out in 1999 but in 2001 I entered a DMP with CCCS and have been repaying through them ever since. I can't understad why they are saying that the account is closed and why they have't got any of my information.

 

They have not produced my data within the required time and it looks like they can't produce anything anyway. What should I do? I'm inclined to ring the CCCS and tell them to withold payment until Barclays can produce some documentation. I don't even know how much I still owe them - I think it's probably only about £1500 now.

 

Can anyone advise?

[Sparklez30]

I'm affraid I don't know the answer but thought I'd give you a little bump

 

I know that if you don't receive your SAR information you can make a complaint to the Information Commissioners Office but I don't know how helpful they are.

 

You could also send a CCA request if you wanted to ensure they don't have a copy of your contract which I believe would put the account into dispute if they don't respond in the required time.

 

Hopefully someone more knowledgable will pop along to advise

[citizenB]

If you havent received the information you require and have exhausted Barclay Bank's complaint system. Make an official complaint to the Financial Ombudsman giving as much information/copy documents regarding your PPI. You could if you wanted to, write one more time under an OFFICIAL COMPLAINT to Barclays Bank giving them say 14 days to come up with the documents you require under the SAR and to investigate your mis sold PPI complaint else, you will go to the FOS> xx

[alanalana]

Hello takeitalltheway,

 

This loan was taken out in 1999 but in 2001 I entered a DMP with CCCS and have been repaying through them ever since. I can't understad why they are saying that the account is closed and why they have't got any of my information.

 

The banks are using delaying tactics before the onslaught of PPI reclaims.

 

Timescales for retaining records. I got this from a Mod named Rory on the legal threads.....

 

http://www.hm-treasury.gov.uk/media/...i ons2007.pdf Part 3 19. Record Keeping.

 

This is a Statutory Instrument from the Money Laundering Regulations 2007 and states in the relevant Part 3 19 that records have to be kept for 5 years after the last transaction on the relevant account etc.

 

If you are still repaying the records should still be there.

 

I don't even know how much I still owe them - I think it's probably only about £1500 now.

 

CCCS should be able to provide you with the details of the outstanding amount to Barclays.

My bank are a real pain.

My SAR sent 7 Jan is still not fully complied with and my letter of Complaint is ready to send 1 May as I gave them until 30 April to respond.

I already have a complain lodged with the ICO but their response time is up from 2 weeks to 4 weeks.(Should be due soon)

 

My letter is going to FSA, FOS, ICO, Office of Fair Trading and the chief executive of the British Bankers Association.

If you need any addresses just shout this is my thread.

 

alanalana PPI claim against RBS (looking for some help) please

 

Good luck

aa

[takeitalltheway]

thanks for the advice. They still haven't come up with anything so I'm going to complain to the Information Commissioner and the FOS. Do you think I should stop paying them until they comply with the SAR?

[alanalana]

Hello takeitalltheway,

 

I do not believe you can stop paying them for failing to reply to your SAR. The time you can stop paying I believe is when they are in breach of supplying the Consumer Credit Agreement CCA with Sections 77 to 79 of the CC Act 1974 by not giving you a true copy of the CCA within 14 days of you sending a £1.00 postal order requesting a copy.

 

If they then do not respond within a further month you can consider the CCA to be unenforceable and stop paying them.

 

If they are in breach of the Data Protection Act 1998 by not supplying the Data within 40 days you can complain to the Information Commissioners Office but their response time is now 28 days.

 

Please see the links there are further links here including the ICO and the complaints form.

 

aa

[takeitalltheway]

Thanks so much for advice. I will send them a CCA request and see what they come back with. I'll let you know how I get on as I'm sure I'll need further help. Thanks again.

[alanalana]

Hello takeitalltheway,

 

before you send I would PM a Moderator to double check the CCA request would apply as you are paying your payments to CCCS. Just to be on the safe side.

 

aa

[citizenB]

Hello takeitalltheway,

 

before you send I would PM a Moderator to double check the CCA request would apply as you are paying your payments to CCCS. Just to be on the safe side.

 

aa

 

 

YOu can still send the CCA request even if you are paying them via a DMP. HOwever, I would have thought they would need to provide it as part of the S.A.R request x

[alanalana]

You're right citizenb,

 

I am just going on the multitude of problems I have had in getting compliance with my SAR. A long and difficult task to date, letter prepared on my post 47 of alanalana thread. I had very little returned in the data field on SAR but a request for CCA under terms of CC Act 1974 got immediate result as they know failure to respond within 12 days plus 2 for postage put them in breach of the Act and after a further month they are breaking the law and you can stop paying them. They would not like that so they tend to move fast on a cca request.

 

aa

[citizenB]

You're right citizenb,

 

I am just going on the multitude of problems I have had in getting compliance with my S.A.R - (Subject Access Request). A long and difficult task to date, letter prepared on my post 47 of alanalana thread. I had very little returned in the data field on SAR but a request for CCA under terms of CC Act 1974 got immediate result as they know failure to respond within 12 days plus 2 for postage put them in breach of the Act and after a further month they are breaking the law and you can stop paying them. They would not like that so they tend to move fast on a cca request.

 

aa

 

 

Aha, I see your plan now. Good luck x

[takeitalltheway]

this is so helpful. I would be lost without this site.