Lowell / HFC SAR CCA request failure.

[srm341]

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.

[Bazooka Boo]

A SAR is ONLY sent to the original creditor, so to HFC, Lowlifes will have absolutely nothing at all on you.

 

A CCA request, can be sent to the DCA (lowlifes) demanding money off you.

 

So in a sense, Lowlifes have complied with your request.

 

When was the original agreement taken out?

 

What is the debt? Loan, card?

[mikeymack2002]

A load of tosh....

 

When was your last payment 2009 so it is not sb yet till next year

 

Have you had statements' from the DCA?

 

Send the account in dispute letter from the CAG library

 

Since the agreement is from 2005 then they need to send the original agreement to you

 

I would now CCA HFC direct for a £1.00 its worth it

 

If memory serves me you can also use the Civil Procedure rules to get the CCA as well

 

Make an official complaint in detail they will investigate it and give you a final resolution so you can then complain to the FCA

 

Stay off fo the phone do it all in writing by 2nd class post too

[dx100uk]

sar HFC

 

 

CCA lowlife.

 

 

dx

[dx100uk]

start a new thead in the Barclaycard forum for that debt

 

 

dx

[srm341]

Hi thanks,

 

The agreement was started on 17/5/2005 and my last payment was on the 17/3/2009.

 

 

I have had a statement from the lowells which looks like the closing statement from HFC dated 29/9/09.

 

 

The account was for a loan for a TV.

 

 

Looking at the statements a lot of the amount outstanding looks like it could be made up of charges such as administration fees and rtd direct debit fees.

 

I will CCA HFC and see what happens.

 

 

I will also send the account in dispute letter to lowell,

 

 

do lowell or HFC have to send me the original agreement?

 

Thanks.

[mikeymack2002]

OP has already CCA'd Lowlife but with HFC it is worth the £1-00 to see if they actually have it

[mikeymack2002]

Keep your email safe as you may need it later. The SAR should have contained all the information re: your account does it do so?

 

 

I would sent Lowlife a letter stating you have the SAR and will need time to digest it and claim the fees back and will need more than the 30 you allow, as I am not legally qualified, drag it out for 6 months then it will b SB

[srm341]

Yes, I have kept all the emails, I have not contacted them by phone and have only signed anything digitally (the users of this site are VERY helpful). The SAR does contain the original account numbers, as these are on the closing statement from HFC which Lowells sent me.

[mikeymack2002]

Stay off of the phone in writing ONLY from now on, also do lowlifes own the debt or are they agents?

[srm341]

Sorry misread that before posting, the SAR does contain most information but I dont think it includes it all, eg they must have tried telephone contact more than those times stated on their contact log etc. (Sorry for the extra posts... getting late!)

[mikeymack2002]

If it does not contain it all request it from them as a dispute

[dx100uk]

the op has not sent a CCA to lowlife

they sent an sar

 

 

they've returned a recon so p'haps no real point. mind.

 

 

the sar will get the CCA from HFC

if they have them they always include them in an sar

 

 

the OP has the statements do if we can see them please

 

 

we'll let you know what you can reclaim

 

 

please postthemup

[dx100uk]

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[mikeymack2002]

Thx for the guide dx