Bryan Carter Solicitors Letter- Please help

[SLovesMAC]

Re: Bryan Carter Solicitors Letter- Please help

Thanks M1, will send the same letters again. Will copy cca again to BC

Is there a SAR template, I cant find it on the site. Also do I send sar to lowell or smile bank?

Thanks

[mystery1]

Re: Bryan Carter Solicitors Letter- Please help

Send it to the bank.

A SAR may reveal information that is handy but i wouldn't send it for the first account as they have 40 days and that is a bit late for you and it's £11 or £12 including postage so is it really worth it ? It certainly won't do any harm though.

http://www.legalbeagles.info/forums/...ur-information

M1

[SLovesMAC]

Re: Bryan Carter Solicitors Letter- Please help

Okay, M1. It's just that I think I stopped paying the loan around the same time as the credit card / bank account. I think they took payments from the bank account anyway ie offsetting even though I hadn't used the account or credited any payments to it. I just don't know without ant paperwork and I can't remember that far back. I'm expecting the bank account court letter shortly! They recalled the overdraft but I can't remember when though.

I will send the two letters first then. Like you say M1, it may be too late for the info but at least I find out the dates of these accounts.

Thanks again.

[FlamingParrot]

Re: Bryan Carter Solicitors Letter- Please help

Thanks M1, will send the same letters again. Will copy cca again to BC

Is there a SAR template, I cant find it on the site. Also do I send sar to lowell or smile bank?

Send it to the bank.

A SAR may reveal information that is handy but i wouldn't send it for the first account as they have 40 days and that is a bit late for you and it's £11 or £12 including postage so is it really worth it ? It certainly won't do any harm though.

http://www.legalbeagles.info/forums/...ur-information

Not sure whether this applies here but if you have more than one account with the same creditor, a single SAR should cover them all as the SAR is person specific. Obviously if the accounts were with different banks, then you'd have to send one to each.

SAR letter below, should be sent recorded delivery and signed digitally using a computer font, with a £10 cheque or PO.

Dear Sirs

Ref: xxxxxxxx

Subject Access Request - S.7 Data Protection Act 1998

Under the Data Protection Act 1984 and 1998, and including the right of subject access under these acts, I hereby request that you supply me with any and all historical data in your possession which, in any way appertains to me, including (but not exhaustively) a copy of the original signed executed agreement; statements of account; duplicate statements and/or printouts of all account transactions; all internal and external correspondence sent or received by you including memos, logs, notes, screen prints and transcripts; notes of manual interventions such as telephone attendants' notes, copies of stored telephone conversations, internal and external emails; any other information held on all types of media in any relevant filing system. If you have disclosed any information to a third party (with or without my express permission), will you please include details of this in your reply, along with notes of any legal action passed or pending (to include a true copy of default notices, court orders and the like).

If you store any of the older records on microfiche, please be aware that the Information Commissioner deems this to be a relevant filing system under the Act. As such, any microfiche data must be sent to me in fully legible and comprehensible form.

Where any information that you provide includes any charges, for example returned payments, late payment fees, and so forth, would you please advise your breakdown of actual costs (liquidated damages) incurred for each charge, and the Term or Condition on which you rely upon to claim such a charge. I also require that you forward, within the above mentioned time scale, a true copy of the Terms and Conditions that were in force at the time my account was opened, and any subsequent amendments to those Terms and Conditions.

Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other 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 business with you. If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

I enclose the statutory maximum fee of £10.00 to access ALL data held by you about myself. You have 40 days in which to comply with this request.

Yours faithfully,

[FlamingParrot]

Re: Bryan Carter Solicitors Letter- Please help

Okay, M1. It's just that I think I stopped paying the loan around the same time as the credit card / bank account. I think they took payments from the bank account anyway ie offsetting even though I hadn't used the account or credited any payments to it. I just don't know without ant paperwork and I can't remember that far back. I'm expecting the bank account court letter shortly! They recalled the overdraft but I can't remember when though.

When you say they offset from the bank account, was the account in credit, or where they offsetting against an overdraft facility? As far as I know, they are only allowed to offset against your own money, i.e. if the account is in credit.

[SLovesMAC]

Re: Bryan Carter Solicitors Letter- Please help

Hi, FP

It was from an overdraft facility, even though I had stopped my tax credits/ child benefit going in there by opening another bank account. They recalled all or some of the overdraft, I cant remember now they said they would take the money back slowly but I moved my money in to a new account.

I will send of the SAR to co op, (all accounts were with them) I don't have account numbers for the loan,credit,card or bank account so what should I do? Also they probably only have my previous address because I could not update it from the refuge so what should I put on the sar letter.

Thank you for all help.

[SLovesMAC]

Re: Bryan Carter Solicitors Letter- Please help

Hi

sent both letters to BC and Lowell again today. Will be posting a DSAR to co op tomorrow. Will update when I hear something back.

Thank you.

[FlamingParrot]

Re: Bryan Carter Solicitors Letter- Please help

Hi, FP

It was from an overdraft facility, even though I had stopped my tax credits/ child benefit going in there by opening another bank account. They recalled all or some of the overdraft, I cant remember now they said they would take the money back slowly but I moved my money in to a new account.

As far as I know, they shouldn't offset against an overdraft, only your own funds. You should have a cause for complaint if they did so against an overdrawn balance.

I will send of the SAR to co op, (all accounts were with them) I don't have account numbers for the loan,credit,card or bank account so what should I do? Also they probably only have my previous address because I could not update it from the refuge so what should I put on the sar letter.

Thank you for all help.

They should send all the information they hold about you. To make it easier for them, you could add a line somewhere on the SAR letter saying you had a loan, a credit card and a current account with them and you'd like the historical data for all of them, as well as providing them with your previous address for reference, that way they'll have no excuse not to comply.

[SLovesMAC]

Re: Bryan Carter Solicitors Letter- Please help

Thanks, will send it all off tomorrow. I'm sure I stopped paying these accounts in 2007.

[FlamingParrot]

Re: Bryan Carter Solicitors Letter- Please help

Thanks, will send it all off tomorrow. I'm sure I stopped paying these accounts in 2007.

If you are *sure*, then you could just send a letter saying they are Statute Barred. :grin:

[SLovesMAC]

Re: Bryan Carter Solicitors Letter- Please help

If you are *sure*, then you could just send a letter saying they are Statute Barred. :grin:

NO, FP I'm not sure, things are blurry since then and I have no paperwork.I had so much shit going on then. I've sent the SAR off today so will see what comes back.

Lowell got my first cca request today, sent it on the 29th november! Crappy royal mail.

I suffer from general anxiety disorder and I'm suffering at the moment because of this but I know I have to try.

Thanks again

[FlamingParrot]

Re: Bryan Carter Solicitors Letter- Please help

NO, FP I'm not sure, things are blurry since then and I have no paperwork.I had so much shit going on then. I've sent the SAR off today so will see what comes back.

You did reply to BC's second letter, didn't you?

Lowell got my first cca request today, sent it on the 29th november! Crappy royal mail.

The 29th was a Friday, it all depends on what time and where you posted it, but that's OK, the important thing is that you've done the right thing by sending it and informing BC about it. In the majority of cases, that has the effect of stopping them in their tracks. As neither BC nor Lowell seem able to produce documents, they issue claims hoping to obtain default judgment. By challenging them to produce the documents, they may well move on to easier prey. :thumb:

I suffer from general anxiety disorder and I'm suffering at the moment because of this but I know I have to try.

See above, you're on top of things! With a bit of luck, you won't hear from them again this year.

[SLovesMAC]

Re: Bryan Carter Solicitors Letter- Please help

FP, I replied to Bryan carter second letter yesterday by recorded delivery. The first one to him, I sent first class on 29th. I didn't send recorded but I got a certificate of posting. I didn't realise I needed to do that recorded till I got home. He probably got it before the recorded letters! Is that okay? I'm a bit worried now. Should I send the first letter again by recorded to be on the safe side. Both Lowell ones went recorded and so did BC second letter yesterday.

Lets hope you are right FP. Just sent of SAR request recorded.

Thanks so much for your help.

[SLovesMAC]

Re: Bryan Carter Solicitors Letter- Please help

What do you think FP, should I send the first letter again by trackable next day post? From reading the forum, they are so sneaky and might say they never got my letter. What do you think?

So sorry to keep bugging you but dont want to do anything wrong.

Thank you.

[FlamingParrot]

Re: Bryan Carter Solicitors Letter- Please help

You've sent the two letters and got proof posting. You've also sent the CCA request and the SAR. Now just sit back and relax until you hear anything from anyone. When you do, post up! :typing: