SAR for Old EGG card, now BC - who will have 2006 records?

[cwab_sticks]

Hi,

Having been recently stitched up by another creditor,

I pulled out my storage of old CC statements etc.

 

To my surprise most of my CC's have PPI,

definitely mis-sold as I had extensive cover from my employer so I know it wasn't needed,

and I know that I never selectively purchased any PPI (my girlfriend worked for FIG, so I knew the value of the cover!).

I remember a few told me I had to take it as part of the loan, so I will be chasing those definitely!

 

Being a hoarder I have original copies of all application forms, posted by Providers,

but I can't locate my egg agreement, nor application form.

 

Also in being a bit lazy through 2002-2006 I did not print out any statements! My fault,

 

I know, but I wondered what the chances of me finding out if I had PPI on egg as well as most others.

It appears that most of the other CC's and loans have the box pre filled, but with no copy of my egg agreement I don't know?

 

My CC has been now passed to BC, and having had previous experience with them I know that copies of any agreements and application forms are like gold dust.

My account was sold in Nov 11, and I wondered would anybody know the Data Protection regulations in regards to selling the account.

Are egg under oligation to keep the records for 6 years after they sold the account?

 

Also would the PPI claim (if indeed there is one) be sent to BC or EGG?

 

Thanks

CS

[dx100uk]

SAR them me thinks.

 

dx

[cwab_sticks]

Hi, and thanks for the response.

 

I was trying to ask (very badly - brain is frazzled looking at all my statements and charges and research into claiming ppi) if I sar'd egg would they still have the info?

I will re-SAR BC but they are appalling (as we all know) so I wondered what my chances are of egg still having the details.

 

Thanks

[dx100uk]

hit n miss

 

but worth trying

 

dx

[dx100uk]

most not sure if everything was.

 

dx

[MARTIN3030]

On 1 May 2007 Egg was sold to to Citi.

On 1 March 2011 Barclays Bank announced that they had agreed to buy Egg's more than 1 million UK credit card accounts from Citigroup. The deal was completed the end of June 2011

On 25 July 2011 Egg announced the proposed sale of all savings and mortgage accounts to Yorkshire Building Society. This would complete Citigroup's sale of the Egg business.

[caro]

You will need to deal with BC IMO, as I believe that they will have taken over all assets and liabilities, including any claims to be made against egg.

 

I think you'd need to SAR them too as they should have records of all the accounts they've taken over. Whether they will of course is another matter ........

[cwab_sticks]

Hi and thanks for all of the responses,

 

I have sent SARs to both EGG and BC, and I await a response from both - I appreciate it may be a while and a fight for info, particularly BC.

 

This is my 2nd SAR to BC, my GF did one for me 3 years ago (at the time I didn't understand and just let her do it) and I didn't get any copies of agreements or letters etc, just a bundle of statements. At the time she was unable to assist me in following this up, mainly due to my 'ignorance' of what I should recieve in both terms of data from SAR and the actions of BC. I didn't realise how important all of this stuff was back then.

 

I really do expect a battle with BC, as I have not recived anything from them since purchase, apart from a 'please pay this bank account'. So, I wrote a letter requesting a statement of account, ie balance and payments etc. what did they furnish? The last 6 statements from EGG, from 2011, no statements from them and a letter which states x payments to us at y amount, no balances etc.

Shoddy is an understatement. I've also sent a CCA for the egg/bc and I await for them to 'locate' it.

 

I am reading up on all of the other great threads re taking them to court re data compliance. This time around I am aware of all of the misold PPi and will do my utmost to reclaim.

Thanks for your help and advice,

CS

[MARTIN3030]

I have sent SARs to both Egg and BC, and I await a response from both - I appreciate it may be a while and a fight for info, particularly BC.

 

Good idea.

There is a contention that the original creditor will ALWAYS bear some responsibility to the lender.

This is my 2nd SAR to BC, my GF did one for me 3 years ago (at the time I didn't understand and just let her do it) and I didn't get any copies of agreements or letters etc, just a bundle of statements.

 

Much depends how you worded the SAR.They can get around sending what they want to send if a request is not specific.

 

 

I really do expect a battle with BC, as I have not recived anything from them since purchase, apart from a 'please pay this bank account'. So, I wrote a letter requesting a statement of account, ie balance and payments etc. what did they furnish? The last 6 statements from EGG, from 2011, no statements from them and a letter which states x payments to us at y amount, no balances etc.

 

Again,under CCA they are obliged to send a statement of account but anything more detailed should be done by SAR.

 

 

[Jedicris]

Hi,

 

My information, following a recent telephone conversation with somebody from Barclaycard's directors office is that Barclaycard only took over active accounts. Non-active accounts remained with Egg.

 

If your account was active at the time of the accounts being sold, then Barclaycard is your target. Otherwise it would seem to be Egg.

 

Whichever, good luck and get them good.

 

Jedicris

[FrancisFamily]

My Egg card was taken out in Sept 04 and went into default in 2006, I have paid Egg / B/Card via CaQuest ever since. At the fourth time of asking Barclaycard sent me all records including print outs of all copy statements, copy of the application form details. I hope that this helps.

[cwab_sticks]

Hi,

 

The Saga continues, Citi (aka Canada Square Operations) is ignoring all letters, both to Canada Square and Worthing (a PPI address), and Barclaycard are continuing to play silly b*ggers by just sending a few statements and an application form!

 

Even better - my GF sent a SAR, it got returned without good reason, resent SAR (both written correctly) and she got PPI info back, but no other info - she didn't realise she had PPI and didn't want the information for that!

 

 

I have written Formal Complaints to both companies, and I have now written LBA's to both.

I have specifically asked who is responsible under the Data Protection Act for records before 2011, and both companies have declined for 6 months to respond to numerous letters!

 

It is beyond a joke, any advice anyone?

 

Is it worth making a complaint to ICO or should I just go straight to small claims?

 

Is it still Shelley's thread to follow for taking BC to court for DPA?

 

Thanks

CS

 

PS Is it possible for a site team member to move this thread the Barclaycard thread instead of EGG?

Edited April 5, 2013 by cwab_sticks

[dx100uk]

done

 

ring the ico & yes shelly thread is great

 

dx

[slick132]

Hi Cwabby,

 

Shelley's DPA success is one of several and others are mentioned here, with links - http://www.consumeractiongroup.co.uk/forum/showthread.php?50148-Barclaycard-amp-Microfiche-they-are-wrong-OFFICIAL&p=3106958&viewfull=1#post3106958

 

My approach would be to seek confirmation from the ICO as to who is responsible for providing the Egg data after the BC take-over.

 

Then with that knowledge, write one last time to the appropriate Data Controller with an LBA before taking court action to force disclosure.

 

[cwab_sticks]

Hi Slick,

 

The EGG card, is proving the main issue with DPA retrieval (as well as PPI info on both accounts), as this is defaulted, and gone from my CRA files, and there is much more miss sold PPI on this account, but I do not have the statements prior to 2007, when the PPI and charges were added to the account.

 

EGG account started in 2002, notes on BC DPA 'computer printout' clearly state unenforceable due to no copy of CCA.

 

Im not avoiding this debt, I just want it cleared and the miss sold PPI refunded, but I have to be careful as this is now linked to the original BC, and could cause problems with the CRA on the original BC (the original BC has a separate thread).

 

I'm trying to get my info under the DPA, which is why I haven't reclaimed anything from BC for either CC account yet.

 

thanks

Edited May 16, 2013 by cwab_sticks
Tidied up as duplicated over 2 threads

[slick132]

Hi Cwabby,

 

Just to confirm, I've moved posts from here to a new thread created for you to deal with the old BC a/c.

 

I see you have now edited the text above so it relates only to THIS thread about the Egg a/c.

 

Edited May 18, 2013 by slick132

[cwab_sticks]

Hi,

I have recieved another small selection of DPA information.....for the 'EGG' card BC have provided :

 

A computer printout which details some personal info, dates opened (I.e date of transfer in NOV 11, and not 2002) and basically states there is a zero balance and no payments are expected?

Which begs me to ask why I am paying them through PayPlan?!?! However I know there is a balance outstanding which is why the DMP is set up.

 

BC have provided statements from Nov 11 to present day with just 0000's in every numerical location, ie statements with all values 0.

And no statements prior to acquiring the EGG account in Nov 11.

 

I am at the point now where I have recieved acknowledgment from BC legal team, after many Formal Complaint and LBA to both EGG and BC.

The legal team are looking into my LBA, but this still continues to delay matters.

 

As I have a contact in the legal team, I am preparing one final letter to give them 14 days before I start a claim.

Please Can anybody help with the following questions......

 

Do I submit a joint claim (under failure to comply under DPA 1998) for both BC and EGG accounts, or have 2 claims?

Has anybody managed to get EGG statements and/or PPI information prior to BC purchase of EGG accounts, ie 2002-2011.

I think I have read one person has managed to get these statements after a bit of a fight, unfortunately my fight will now have to be taken to the next round!

 

Thanks

CS

[slick132]

Hi Cwabby,

 

I think you could make one claim seeking data for the two a/c's as they are both the responsibility of BC.

 

Here's an example thread which you should read through for useful info - http://www.consumeractiongroup.co.uk/forum/showthread.php?387775-Well-here-s-a-twist!-HBOS-amp-PPI&p=4224398&viewfull=1#post4224398

 

Several CAGgers have taken BC to court for data provision and BC have always provided data rather than go to a final court hearing. Read here - http://www.consumeractiongroup.co.uk/forum/showthread.php?50148-Barclaycard-amp-Microfiche-they-are-wrong-OFFICIAL&p=3106958&viewfull=1#post3106958

 

[cwab_sticks]

Hi,

 

Thanks Slick.

 

I have decided that I am definitely going ahead with Small Claims for DPA, and I am so fed up with BC that I intend to go for all charges too - if only they will suplly them to me for the EGG card!!!

 

 

Just one quick question to anyone familiar with the LBA process-

 

I have received a response from Barclays Litigation Department saying that they will investigate my LBA get back to me, however I have realised that my LBA's (for DPA) only include this EGG card and not the original BC. i.e. only one account and not both (the second account was only referenced in a Formal Complaint and not LBA).

 

I intend to reply to this contact, and send copies of all Formal Complaints and LBA's to the legal team, giving them a short window of opportunity to contact relevant departments and one last chance to provide the missing information (at least I have received a response and a contact name after nearly a year of letters!).

I intend to title this letter as an LBA, to ensure I include both account numbers.

 

Should I copy this letter to Data Controller at HO to ensure they cant say I haven't sent them an LBA (for the second account) if they fail to respond to this final chance?

 

Or is responding to a letter from the 'litigation' team enough for LBA protocols?

The litigation department is also at One CHurchill Place, on level 29 - so it is really the registered address.

 

My concern is that they will have the claim thrown out of court as I only reference once account number instead of two in all my LBA's.

 

Any ideas?

thanks

CS

[slick132]

Hi Cwabby,

 

A request for data made under the DPA should produce ALL the data that the bank hold about you as an individual. Hence it should not be necessary to refer to any specific a/c - the response should refer to ALL a/c's.

 

If you addressed your SAR to BC, you should get a response for the Egg and the BC a/c's.

 

If you addressed your SAR to Barclays Bank PLC, the response should refer to all Barclays current , loan and deposit a/c's as well as all BC a/c's.

 

If you want to ensure your LBA is adequate (for the purposes of possible litigation), address it to The Data Controller, Barclays Bank PLC at the London HQ, sent by RM Spl Del'y. I suggest you refer to the specific BC and Egg a/c numbers and any other a/c's you want data for.

 

Don't get too caught up in the detail of the process - experience suggests that Barclays will do their best to supply the data that you require including at least some data relating to periods older than 6 years.

 

[cwab_sticks]

Thanks slick.

 

I think I am a bit too 'caught up in the process', maybe it might be time for me to stand back a little and take a dept breath.

 

I've sent various Formal Complaints to Data Controller at BC Head Office, which have been ignored.

Also to CitiGroup Data Controller as Barclaycard refused to answer any letters sent. Also ignored, even though I asked them to respond directly!

All were recorded/signed for, all all have indeed been signed for.

 

I sent my LBA's to the CEO's of both companies at the registered Head Offices.

 

I think my frustration at Barclaycards refusal to provide the information, and just ignore every formal complaint was taking over!

 

I have prepared a response, including a specific breakdown of all missing info which I need, which I know they must have. I have copied in all previous correspondence to both companies, and I will sent a copy of this to their litigation team and their data controller (special deliivery).

 

It's then up to them if they decide to finally provide the information, if they don't then it's small claims here we come.

 

I attempted to complain to the FOS about another CC I have, whereby the CC company blatently declined to provide all information.

FOS said out of their remit, but come back if ICO prove CC have not provided all information. Its far too lengthy to wait for FOS/ICO to sort it out.

I've only followed up properly on 2 companies so far, I have about 6/7 others still refusing to provide full disclosure. I think by the end I will be too familiar with small claims!

 

Then there's the charges and PPI reclaims......a very long haul.

 

Thanks

CS

[slick132]

Hi Cwabby,

 

If you want to tell Barclays PLC what data you're still missing and when they should have supplied it, to give them a final chance to comply, then do so.

 

If you feel you've given them adequate opportunity to supply data and enough warning about further action (you need only send them one LBA), start your court action to force disclosure.

 

Neither the FOS nor the ICO are likely to get you a resolution that's acceptable in terms of :-

 

1. How long it'll take to get any decision or result.

 

2. How strictly they choose to impose any ruling.

 

3. What amount they decide to award IF they find in your favour.

 

It's not the same with all banks but, with Barclays and BC, they tend to comply and capitulate when faced with court action regarding penalty charges and data provision.