Help needed, CCA response from BCard, **Updated**

Merlinexcalibur

No. No one has done anything wrong.

cassie03

Yes I seen the reply about an SAR in the original thread-cant remember who it was from tho!

BlueIsTheColour

Interesting that you have had the letter too Cassie, must have been a big mail out day after the legal people had come up with something suitably confusing. Am not sure on the SAR thing to be honest, my understanding is they have to pretty much provide you with most of the things they hold on you, which includes a true copy, but I could be wrong, and most probably am:D

aaxsabian

was it 10past6 who said about the sar

BlueIsTheColour

Although I didnt see the thread, am thinking it may have been 10past6 who replied???

Still cant believe I stupidly left an account number in there, what a doofus! :mad:

blueback

Thee law is very clear and precise in that a true copy (minus signatures) must be sent in addition to any other document referred to in the agreement.

Anything else is a breach and then a criminal offence after 12 +2 + calendar month

Whatever they send you including the drivel above just helps your case if it ever goes to court. And it wont go to court because if they had an enforceable copy you would of had it by now.

Wait until they default or respond in kind, and get a letter off to Trading Standards and OFT. It will cost them £400 for every complaint they get. So if they have sent a block load of nonsense lets hope it costs them

blueback

I just tried your account number on the internet but can confirm that it blocked the transaction :-)

fermi

SAR in case you need it.....

Original here: SAR

A subject access request which is an alternative to one being made for a charge reclaim. Geared more towards debt collection...You should send a £10 postal order with each one and address it to the Data Controller at each company (send recorded or guaranteed) they have to respond in 40 days

Data Protection Act 1998



Subject Access Request

Dear Sir/Madam

Please supply me with all data that you hold on me. This includes in particular, but is not limited to, the following:-

1. The original signed, executed credit agreement/s and any terms and conditions that applied to the account/s at the time of default and at the time the account/s was/were opened.

2. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with ORIGINAL CREDITOR. - delete or add this depending on whether you are sending this to the original creditor/or a debt collection agency

3. True copies of any notice of assignment and default notices or enforcement notice that you/or name of the original creditor sent me, with a copy of any proof of postage that you hold.

4. Documents relating to any insurance added to the account/s, including the insurance contract and terms and conditions, date/s they were/ it was added and deleted. (if applicable).

5. Details of any collection charges added to the account/s; specifically, the date they were/it was levied, the amount of the charge, a detailed financial breakdown of how the charge was/charges were calculated, and what the charge covers/charges cover.

6. Specific details of the fees/charges levied by any other agency in respect of this account/these accounts and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

7. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

8. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

9. Copies of statements for the entire duration of the credit agreement/s.

10.Termination notices

PLEASE NOTE that unless otherwise stated by yourselves and if the above documents are NOT provided, it will be CONFIRMED that you are unable to reproduce/provide in any way shape or form any copies of the above requested documents. You are reminded that you have a duty to inform me if you do not have the above documents. This is confirmed in High Court Law - Ezsias v Welsh Ministers - [2007] All ER (D) 65 (Dec)

You are reminded that you are obliged to supply all the above documents in line with the Information Commissioners Technical Guidance update (Dated August 2007)

I enclose the statutory maximum fee of £10. You have 40 days in which to comply.
If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

Yours faithfully,

sign your name but put crosses through it so it can't be 'lifted'

BlueIsTheColour

blueback wrote: »

I just tried your account number on the internet but can confirm that it blocked the transaction :-)

:rotfl:That's good, but expected, given I have been in default for nearly a year!

So in response to your other post, there is no need to wait for the default, they did it ages ago. I have already reported it to the FO but with no major success, so I guess, the OFT or TS are next... Luckily I have a colleague who worked at TS for years and was the credit expert, so will be asking her advice to

blueforyou

blueback wrote: »

Thee law is very clear and precise in that a true copy (minus signatures) must be sent in addition to any other document referred to in the agreement.

Anything else is a breach and then a criminal offence after 12 +2 + calendar month

Whatever they send you including the drivel above just helps your case if it ever goes to court. And it wont go to court because if they had an enforceable copy you would of had it by now.

Wait until they default or respond in kind, and get a letter off to Trading Standards and OFT. It will cost them £400 for every complaint they get. So if they have sent a block load of nonsense lets hope it costs them

Please note, it is NO LONGER a criminal offence after 12+2+30. Everything else stands though.