CCA request for card taken out in late 1980's

[sidley]

Re: CCA request for card taken out in late 1980's

[MENTION=3394]Mike[/MENTION]

when I upload them they are the right way round, I check. So, what happens to them?

sidley

[MIKE770]

Re: CCA request for card taken out in late 1980's

just a glip no problem

[sidley]

Re: CCA request for card taken out in late 1980's

Thanks Amethyst,

The only date on the "application form" is the one by the signature box. Can't see any others!

At the top of 'Halifax 1' right hand side there is a box which says local branch no. No number just the name of our small town!

Also the official stamp on it, although very faint, looks like it ends 1998 would that be the time they filed it or processed it?

thanks again

sidley

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@ mike

Perhaps I should load them upside down?

[sidley]

Re: CCA request for card taken out in late 1980's

Amethyst,

Opps, missed the date at the very bottom of Halifax 3 it is dated 13 days later but no signature in their box.

We had moved from Yorkshire, yes.

sidley

[Amethyst]

Re: CCA request for card taken out in late 1980's

Okay so that would indicate a postal application. I think you need to do a 'subject access request' to Halifax to get full info on what happened with this account - as there is definately some weirdness if your town never had a Halifax branch.

Are Cabot actually threatening any action btw?

[MIKE770]

Re: CCA request for card taken out in late 1980's

Thanks Amethyst,

The only date on the "application form" is the one by the signature box. Can't see any others!

At the top of 'Halifax 1' right hand side there is a box which says local branch no. No number just the name of our small town!

Also the official stamp on it, although very faint, looks like it ends 1998 would that be the time they filed it or processed it?

thanks again

sidley

- - - Updated - - -

@ mike

Perhaps I should load them upside down?

no problem

[sidley]

Re: CCA request for card taken out in late 1980's

Amethyst,

Just remembered, as stated in my previous posts, it did have a local Estate Agent, which you could pay money/ cheques etc into. It only lasted for about a year as they were broken into so many times. But that was before the date of this "application" form I think?

Just had another look at the reconstituted application form. My signature has a date a month after my wifes and 2 weeks after their date! So none of the dates match up.

sidley

Although I have combed over this bad photocopy many times, it's strange what you miss.

[sidley]

Re: CCA request for card taken out in late 1980's

@ Amethyst

No Cabot are,in a round about way, threatening to escalate things without actually saying so in writing.

The NoA, which I have only received from Cabot (never one from Halifax - despite asking for a copy), implies that they may own it without actually saying so. Only the introductory letter from Cabot says "Halifax sold this to us and we are the new owners"

It is signed by H Singh, quick google and it appears he has a reputation - if it's the same H Singh!!

sidley

[sidley]

Re: CCA request for card taken out in late 1980's

Hi all,

Been a long time but I've finally got a response from halifax to my SAR, today.

Lots of things to wade through, but in their covering letter it states .. "Copies of Default and Enforcement notices are not saved by customer name so we are unable to provide copies under a Data Subject access request."

Is this true?

It also states .. "Please note that the original signed credit agreement has not been retained, however please find enclosed a photocopy of the application form that is held on our system"

I find it difficult to believe that they do not retain important documents such as a DN or Enforcement notices.

Also missing are any copies of letters that I sent to them or their responses sent to me. In previous SAR to other banks they have included all correspondence received or sent.

Does this mean they don't have them or cannot be bothered to find them.

So, do I need to chase them up (is it worth it) or should I wait to see what happens?


any help gratefully received.

Ta sidley

[nemesis45]

Re: CCA request for card taken out in late 1980's

Hi all,

Been a long time but I've finally got a response from halifax to my SAR, today.

Lots of things to wade through, but in their covering letter it states .. "Copies of Default and Enforcement notices are not saved by customer name so we are unable to provide copies under a Data Subject access request."

Is this true?

It also states .. "Please note that the original signed credit agreement has not been retained, however please find enclosed a photocopy of the application form that is held on our system"

I find it difficult to believe that they do not retain important documents such as a DN or Enforcement notices.

Also missing are any copies of letters that I sent to them or their responses sent to me. In previous SAR to other banks they have included all correspondence received or sent.

Does this mean they don't have them or cannot be bothered to find them.

So, do I need to chase them up (is it worth it) or should I wait to see what happens?


any help gratefully received.

Ta sidley

Good morning sidlely,

It is correct that there is no obligation for a creditor to retain hard copies of DN's and they rely on their logs showing when a DN was issued.

Agreements contracts should be kept for 6 years after an account is closed.

Most companies appear to still use microfiche to store old data.

What does the mean for you?

If the original creditor has not got the documents then any subsequent " owner" of the debt can't get them either.

You can of course chase them up and ask for specific documents that you believe have been with held and if necessary you can make a complaint to the Information Commissioners Office.

nem

[sidley]

Re: CCA request for card taken out in late 1980's

Thanks nem,

With regard to hard copies, it seems that the DCA (cabot) have no difficulty getting hold of hard copies from Halifax. Not the DN but the NoA.

So why can't they get them for me?

Secondly, the log of the account (difficult to read because they use codes - code book supplied- rather than a written entry eg DSF45 means a DN was sent) there is no entry for a DN.

Also, as mentioned when I SAR'd Barclaycard they supplied scans of all the letters I sent them and a hard copy of all their letters sent to me. Does this mean Halifax do not scan letters or keep correspondence sent to me on their system?

Thanks again

sidley

[nemesis45]

Re: CCA request for card taken out in late 1980's

Thanks nem,

With regard to hard copies, it seems that the DCA (cabot) have no difficulty getting hold of hard copies from Halifax. Not the DN but the NoA.

So why can't they get them for me?

Secondly, the log of the account (difficult to read because they use codes - code book supplied- rather than a written entry eg DSF45 means a DN was sent) there is no entry for a DN.

Also, as mentioned when I SAR'd Barclaycard they supplied scans of all the letters I sent them and a hard copy of all their letters sent to me. Does this mean Halifax do not scan letters or keep correspondence sent to me on their system?

Thanks again

sidley

Hello sidley

I think you should write to the Data Controller at Halifax as a formal complaint regarding missing documents, during the shift to Halifax Bank of Scotland I now documents / records were shifted around and some did disappear.

Ask specifically for what you want.

nem

[Diana M]

Re: CCA request for card taken out in late 1980's

With regard to hard copies, it seems that the DCA (cabot) have no difficulty getting hold of hard copies from Halifax. Not the DN but the NoA.

So why can't they get them for me?

What makes you think Cabot got hard copies from the Halifax? They could have reconstituted those documents themselves.

Di

[sidley]

Re: CCA request for card taken out in late 1980's

Thanks nem & Di,

Yes, I think I will formally complain to Halifax as this is the worst response to a SAR I've ever had. (3xPPI & 1x missold pension).

I've said early I think the NoA from Cabot was made up by a child.

I'll wait to hear what Halifax say about said complaint.

cheers

sidley

[sidley]

Re: CCA request for card taken out in late 1980's

Hi all,

It's been a long time, it has been very quiet from Cabot re Halifax but now I have Natwest selling the account (circa 10k) to Cabot - here we go again!

I have just received the introductory letter from Cabot, the new owners? And a generic NoA probably produced by Cabot but allegedly from Natwest.

Earlier this year I CCA'd Natwest they responded that because this account is so old (my first ever credit card) they cannot supply a CCA as the account is so old. They went on to say that although they know that this makes it unenforcible through the courts they expect me to honour the debt etc, etc.
I was surprised by their honesty in this matter straight from the off. Perhaps, because this Credit card is approx 40 yrs old, that may have something to do with it!

So, I still have that letter - but what should I do about Cabot. They are asking me to arrange payments with them (giving me their bank details). I have no intension of doing this.

My question is this:- The account is still in dispute because of Natwests failure to comply with the CCA.

So, what is the legal position of this account? Can they sell it on to a DCA without the agreement (whilst it's still in dispute)?

Any advice greatly appreciated.

sidley