Neenys UE Diary

[cymruambyth]

Was that in response to your statutory CCA request with £1?

If they have just sent statements in response to your request then it is not worth sending them across. If they are in response to your request then the account is not enforceable in court. Do not let them know!

[NeenyT]

Thanks all. I was sent an email today with copy statements but no credit agreements included or terms etc. Do I need to email to Niddy for verification? Sorry, I have been reading through various posts over the last few days to bring myself up to scratch with processes.

[Joanna Connolly Solicitors]

Silly question alert. £1 fee per account CCA'd or £1 per creditor?

That's not a silly question at all. It's good to ask questions if you're not sure about something

The answer is £1 is the statutory fee otherwise the request is not valid.

So you send a separate s 77/79 CCA Request for each account with a separate £1 postal order. Post each one in a separate envelope and send by Royal Mail Recorded Delivery so you can Track & Trace their arrival on the Royal Mail website.

The CCA Requests should be sent to the current debt owner not the original creditor.

The Subject Access Request goes to Barclaycard with no fee required.

Di

[Roger]

Silly question alert. £1 fee per account CCA'd or £1 per creditor?

"..

I hereby formally request a copy of my Consumer Credit Agreement, pursuant to s.77-79 of the Consumer Credit Act 1974 (CCA1974). .."
BUT
"..I require that you provide me with a true copy, or reconstituted copy of the credit agreement relating to any account you deem to be mine, together with any other documentation the Act requires you to provide. .."

[NeenyT]

Silly question alert. £1 fee per account CCA'd or £1 per creditor?

[NeenyT]

To be honest, the fact you had 4 credit cards at the time is not really relevant but what was important was your income. Looking at youre diary some of them have quite low amounts outstanding, was that because they had low credit limits?

As for what the debt purchaser paid for them is again really not relevant however much it goes against the grain. It is not a business practice I like or condone but its they way it is

It kind of goes against the unaffordable lending thing though, or doesn't it? Knowing I had 4 credit cards already, one of which was already with them. The balances were big. They are only low now due to the payments I have made for the last 3 years. I was paying a massive amount in the IVA, I had a period of very good commission and bonuses etc that I had to give basically half of that to the IVA on top of my monthly amount. The amount I paid into the IVA worked out to an average of around £850 per month. Hence the seemingly low balances now. Trust me, I worked my ar$e off to get to the position I am now.

I still don't know whether to keep paying PRA as I asked earlier, seeing as they asked me if I plan to keep paying or not?

My overall default debt in Aug 2016 was £30,195 just as an fyi.

[Warwick65]

To be honest, the fact you had 4 credit cards at the time is not really relevant but what was important was your income. Looking at youre diary some of them have quite low amounts outstanding, was that because they had low credit limits?

As for what the debt purchaser paid for them is again really not relevant however much it goes against the grain. It is not a business practice I like or condone but its they way it is

[NeenyT]

One should cover all the accounts.

You're a star. Thank you very much.

[cymruambyth]

One should cover all the accounts.

[NeenyT]

Absolutely amazing. Thank you so much for this. Do I need to do one per account? Or can I send one letter with all account number on it?

[Warwick65]

Here is a full request under the new GDPR rules. You do not need to pay the fee and while you should sign it you can send it by email

[Their address]





[Date]





Dear Sir/Madam





GENERAL DATA PROTECTION REGULATIONS - SUBJECT ACCESS REQUEST

ACCOUNT /REF NUMBER XXXXXXXX





Please supply me with copies of all the data which you hold on me in relation to any matter and in any form and for any period of time.



Please note that I require disclosure of any personal data which you hold on me for the entire period of my dealings with you.



This Subject Access Request includes - but is not limited to any data you hold about me in respect of any matter and held in any form including; statements, notes, screen notes, recordings, internal correspondence and external correspondence. Please note that this Subject Access Request is not limited to the account/reference number mentioned above but that number has been provided purely as a starting reference for you.



For the avoidance of doubt, and as stated above, this Subject Access Request requires disclosure of ALL personal data which you hold on me for the entire period of my dealings with you



there is no applicable fee for this data disclosure – unless you feel that my request is manifestly unfounded, excessive or repetitive – in which case you have a duty to let me know without any delay.



Under the new GDPR regime, you must satisfy this data disclosure request as soon as possible and in any event within one month.



If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return however, you are not entitled to impose any formality upon me or to require that I complete any particular form or template before you comply with your statutory duty.



I also require you to confirm to me that you are processing my personal data, how you acquired it, for what purpose you are processing it and also to identify all the parties with whom you have shared it. You are required to provide this information regardless of whether you believe that the substantive disclosure satisfies the conditions which permit you to impose a charge.



I also required to know whether my data has been subject to any automatic processing which has resulted in decisions or suggested decisions being made in respect of me. Also, has my personal data been used in any way to categorise me or to place me on any lists. If so please explain.



Finally, I should remind you that you have a duty to make clear the meaning of any codes or shorthand which you use in relation to my personal data.



If I do not hear from you then I will assume that this Statutory Request is satisfactory and that the one month timescale has started.



If you fail to comply with all of your obligations, I will make an immediate complaint to the Information Commissioner about your statutory breach – and without any further notice to you.



This may also lead to legal action in the county court and a judgement will then be forwarded to the FCA.



Yours faithfully,





[name]

Here is a link to Barclaycard where you can ask for the info https://ask.barclaycard.co.uk/busine...eral_info/GDPR

[NeenyT]

If there is something official I can ask of them in the + membership, I am more than willing to subscribe, I just need to be pointed in the right direction. I don't know how to request a SAR or if I need to provide proof of who I am etc.

[NeenyT]

I just asked them for proof, how they choose to provide that proof is up to them. I just begrudge paying thousands to them when I know they only paid hundreds, at the most.

I have just checked my credit file, Should have done this ages ago to be fair. It shows that at the time I applied for said Bcard, I already had 4 active credit cards, one of which, you guessed it, was a Bcard (although obtained through International Hotel Group chain (IHG).

[Warwick65]

Hi
That explains a lot. I remember getting a letter from Lowell refusing to supply documents I hadn't asked for. I think they were so used to getting random letters from a certain mad forum.

As for the rest I really would follow Di's advice

[NeenyT]

Thank you for your assistance, all. I'll try to respond in order of questions received. Just got home from work so head fried, please excuse me...

Warwick65 what I asked PRA: after sending the emailed CCA request, I then sent another email asking if they could prove to me what I owed them (them as in PRA, not Barclaycard). How they translated that email, I don't know, just stated they were under no obligation to tell me (we all know they buy debts at a very low cost, they just won't ever admit that). I had no idea there were specific documents I could request for that. Please note in the emailed reply I received they asked if I intended to keep paying, does that mean I am under no obligation to?


Diana Mayhew , I did raise the system error with Bcard in a complaint. Their final response provided one single sentence about that, saying as it was so long ago, they can't comment on what went wrong. Not particularly helpful and still no apology or any acknowledgement of their system issues being at least partly responsible for my debt issues. I have now raised with Ombudsman about that but it is still early days, they are awaiting a response from Bcard. I won't hold my breath, they're all in each others' bloomin pockets.

I would have "e-signed" the applications as was all done online and I did agree to the terms, ONCE, but how was I to know the first 4 attempts actually worked when I was clearly advised that they did not, hence me keep trying? How would this ever be proved? I did not think to take screenshots back in 2013 as I just assumed there was a system error, I simply kept trying to apply for the credit card deal I wanted.

I honestly do not remember if I was sent terms for each card, I've been to sleep since then and have a shocking memory due to years of poorly controlled mental health. I do know though, that I never physically "signed" anything. The 4 offending cards were sent to me within days of each other (as you can see by the start dates within the start of this diary, all the ones now with PRA), the last letter I got was a few days after the last 2 cards appeared, I assume, for the fifth application that did actually complete but was just a letter of rejection (presumably because they already sent me 4). The fact that 4 were sent to me anyway is an issue as surely they should have completed relevant checks etc. Who on earth would apply for 5 credit cards with the same company, on the same day? Come on...

Sadly I do not remember receiving any default notices either, although I may well have done. What I never knew, until I had instructed the Insolvency Practitioner to act on my behalf with the IVA is that Bcard passed those 4 debts on to PRA. I only found out as it was on my IVA paperwork (listed as something weird like IVA Watch or something like that). I only knew who to contact after the IVA because I made Step Change tell me who owned what debts. I then Googled the contact details myself. I know, silly me, rookie error admitting liability. I just wanted it gone!

No PPI, already tried that, and Plevin.

I do get that my case is incredibly unique, hence me getting absolutely NOWHERE with all my complaints, people keep telling me they could not help and to try such & such a body or such & such a company. I literally tried everything. I emailed my own MP who was worse than useless to be honest, the Insolvency Practitioner Association, Trading Standards, Financial Conduct Authority. This is why it appears that I have left things a long time to get sorted, but sadly all these things take time and I had to wait for final responses before going on to try the next advice given etc.

I am so grateful I stumbled across this forum and I really appreciate all help that can be offered, but I am not sure even you guys can help now, I'm losing the will to live with it all, it's just dragged on so long now and I am physically tired, it consumes my every thought, day & night. I keep getting told my case is unique and that nothing like this has ever cropped up before. If you think it'll help, I'll do all the above, if not, I'm not giving those swines even more of my hard earned money than they already have received. IN PRA's case, they have received thousands from me so I am convinced I would have already more than paid off what they originally paid for the debt.

For a SAR, do I need to send copy of any ID, drivers licence/passport etc? I've never sent a SAR before.

I refer back to the start of this post too regarding PRA asking me if I would be continuing payments. Should I continue? Make nominal payments? Or just keep the money aside for now and hope they can't produce?

Sorry for the epic rant. Trying to get as much info in here as I can x