SD received, CAI/1st Credit/Connaughts re BOS Credit Card debt

[ttessof]

Still no cca!!

[BRIGADIER2JCS]

Still no cca!!

 

Get the account in dispute letter sent asap!!

[ttessof]

Thanks...is there a new one to be found?

[dx100uk]

green library tab top left

 

dca section on the right

 

dx

[ttessof]

Ta v much

[ttessof]

hi all

today, Connaughts have sent a CCA....well a photocopy of the terms and conditions with no dates or signatures on it. It has my wifes name and our address printed on it thats all.

The covering letter states that the collections agency will be back in touch to discuss repayment. We have not sent a SAR.

What should we do next?

thanks

[BRIGADIER2JCS]

That's a ''reconstituted'' agreement, it must have the name and address of the debtor and the creditor at the inception of the agreement, amendments and the Ts &Cs a the closure, sigs are not required, this MAY satisfy the section 77/78 CCA request.#

 

Yes a SAR to the original creditor is now a good idea.

[ttessof]

hi Brig

yes it has all of those...when you say "MAY", can we write back and say that it does not meet the request then?

is there a logged address for BOSfor us to send the SAR to them?

[BRIGADIER2JCS]

Well first thoughts that is NOT ''easily legible'' therefore is not compliant!

I will look further into this.

[BRIGADIER2JCS]

hi Brig

yes it has all of those...when you say "MAY", can we write back and say that it does not meet the request then?

is there a logged address for BOSfor us to send the SAR to them?

Head/registered office address.

[ttessof]

thanks

[citizenB]

Did they also send a statement of account ?

[ttessof]

Hi

Not a statement as such...just a covering letter stating the balance

[ttessof]

But at the top it does say "statement of account"

[BRIGADIER2JCS]

But at the top it does say "statement of account"

 

That is all a DCA needs to supply with a CCA request, they will NOT have ''running account data''

on their files, to get the you would need to make a SAR to the creditor.

[ttessof]

That's why I'm confused! We sent Sar in january and BOS replied saying they have no record of my wifes account and we hadn't given them enough info for them to work with. But she sent everything and now Connaughts have obtained the CCA from them, surely that means BOS do know of the account??!!!! Should I send the cca to bos to remind them who she is??!!!

[citizenB]

You could write a letter asking them how, they can deny any knowledge of your wife when it comes to complying with a legally requested SAR.. But when a DCA requests a copy of a CCA in order to fulfil their obligation to the Act, the Bank were able to provide it with no problems.

 

I would insist they now deal with your Subject Access Request as it is fairly obvious they do have the data and have been misleading and disingenuous in their response to your SAR.

 

If they don't get their act together, you have two choices. A complaint to the Information Commissioner or issue a claim for non compliance of your SAR.

[BRIGADIER2JCS]

I agree with CB, it is strange that a CCA appears at this point, reading back over the thread what you have received is a reconstituted agreement, not any actual copy of a CCA.

 

The recon must have Your name and address as it was at the time the account was opened and the name and address of the creditor, the Ts & Cs must be those at the start and closure of the account and any amendments made to them, the ''financial data'' must be that of the original agreement, signature are not required.

 

1st Credit are ''good'' at getting these recons from creditors I'm sorry to say, but I cannot see any other reason for BOS not supplying this themselves apart from their original statement that they have no knowledge of the account and have colluded with 1st credit to produce the recon.

[42man]

This makes interesting reading...1st Credit send you a reconstituted agreement, BOS cannot even find your account, with the results of that SAR and providing you show a judge what you have received explaining that you have fully complied... then a judge will pretty rapidly throw out any claim, this is one reason why a SAR is so important especially so in stat demand / bankruptcy cases.

 

I wonder if they (1st Credit) have simply taken a guess at what your agreement might look like and simply added the name and address, maybe they have a nice big filing system full of old agreements ?? In any event if it was me in your shoes I would be doing the following:

 

Dropping an email to 1st Credit stating that the results of a SAR have found that they do not have any kind of record of your wife's account, and can they explain where they got the agreement from, outlining that it could be any persons agreement and have they simply added your wife's name and address in an attempt to comply ? (I suggest you also email the ICO, they would be interested in this use of your wife's name and address). At worst it could be attempted fraud.

 

Email the OFT too outlining 1st Credit's use of a stat demand and their response to provide your agreement and more interestingly the response to your SAR.

[BRIGADIER2JCS]

That is certainly the way forward the ''mysterious'' recon has to be challenged.