Sar request for Barclays Partner Finance

[10pack]

Hello
Can anyone tell me the address I need to send a sar request to Barclays partner finance, I want to find out what information BPF have on my account with them.

The reason is I have had letters informing me they have transferred the loan to Marlin Europe I ltd.

I have been in dispute with BPF since March 2010 the loan was for a training course with Advent computer training the company went bankrupt weeks after I signed up.

Barclays are refusing to pay up under S75 as I feel this was all miss sold to me I am claiming on this.

BPF messed about for 3 months and then "found" Computeach and said they are my new training provider to me that was not a reasonable amount of time, and Computeach is a company I had already been a student of their years before and know what a useless training company it is, I would rather slit my wrists than study with them again so I informed BPF that I refused to accept their replacement offer.

I found out later that Advent had lost backing from Clydesdale/BPF at end of November 2009 (I signed up in second week of December) yet continued to trade signing on new students, Advent closed in the January 2010.

To me advent reps knew the company was insolvent but kept signing up new students and somehow managed to get the loans approved by Clydesdale financial services (Clydesdale was in process of being taken over by BPF).

Also I was given a loan despite being unemployed a point I put to BPF during communication with them, their reply.. "I should have made sure I was able to repay the loan at the time of application" not opps! we did not do a credit check on you or the loan application papers must have been falsified by Advent.

The Advent rep said don't worry about the loan you will finish your first module within 3 months and our inhouse job center will find you a job no problems you will be working and able to repay the loan.

This is what sold me on this course otherwise I would not have bothered with them, the cost of the course £5,945 was steep, but they told me I as a programmer I would be earning over £30k a year and could work anywhere in the world being Microsoft certified.

Last week 2 letters arrived in same envelope.. one from BPF and the other from Marlin both stating the loan is now transferred, interestingly the letters are not signed and both have same date on them.

When I phoned Marlin and asked for a signed copy of deed of assignment they said I do not need it, the letter they sent is evidence they have the loan I told them this is not so, when I asked them for a copy of my credit agreement the rep admitted they do not have it.

I thought it had gone quiet the past year so I dropped my activities to start county court proceedings against BPF partly to stop them sending debt collectors at me.

Any help would be appreciated guys
Thanks

[FlamingParrot]

Re: Sar request for Barclays Partner Finance

Barclays Partner Finance
PO Box 2501
Cardiff
CF23 0FP

[10pack]

Re: Sar request for Barclays Partner Finance

Barclays Partner Finance
PO Box 2501
Cardiff
CF23 0FP

Thanks I do have this address but because I am in dispute with them and mail I have sent is claimed to have not been received, I wondered if there was a different address to write to.. like complaints department :-D

[jet83]

Re: Sar request for Barclays Partner Finance

Hi 10pack you're best not talking to them at all over the phone and send all correspondence recorded to leave a paper trail. Don't forget to enclose a £10 postal order instead of a cheque with the SAR and don't sign requests or letters you send them as you can never be to careful

[10pack]

Re: Sar request for Barclays Partner Finance

£10 that's steep they aught to gift wrap it for that much..

Thanks I will remember to get a postal order made out to Barclays Partner Finance and get the dog to lick the stamps

[FlamingParrot]

Re: Sar request for Barclays Partner Finance

£10 that's steep they aught to gift wrap it for that much..

Thanks I will remember to get a postal order made out to Barclays Partner Finance and get the dog to lick the stamps

I've always sent just a blank PO with a SAR. Send it recorded delivery so you can track delivery, they can't just claim not to have received it.

[jet83]

Re: Sar request for Barclays Partner Finance

£10 that's steep they aught to gift wrap it for that much..

Thanks I will remember to get a postal order made out to Barclays Partner Finance and get the dog to lick the stamps

Preferably after the dog's licked its arse :tongue2:

[10pack]

Re: Sar request for Barclays Partner Finance

Am I right in thinking that refusing to supply a true signed copy of deed of assignment marlin have committed a criminal offense?

Also that they need to produce this and a true signed copy of a credit agreement from original OC to press for payment.. court even?

[jet83]

Re: Sar request for Barclays Partner Finance

Hi 10pack
Have a look hear with regards to assignments you may find it helpful http://www.legalbeagles.info/forums/...ead.php?t=9119

As for pruducing a true signed credit agreement as far as I understand and from my own personal experience no they don't need supply the original agreement to press for payment they just go ahead and do so anyway, but if they haven't managed to after 3 years theres a good chance they can't supply it although its still possible that they could.

As for court action I wouldn't like to give advice on that as i have no personal experience and can it can be quite treacherous if not defended properly from what I've read on this site but lets not get ahead of our selves lets see what they come up with from the SAR, remember they have 40 days reply.

[FlamingParrot]

Re: Sar request for Barclays Partner Finance

Am I right in thinking that refusing to supply a true signed copy of deed of assignment marlin have committed a criminal offense?

No, it's not a criminal offence. Normally you'd get a Notice of Assignment (NoA) rather than the actual deed, did you ever receive one? It's required to prove ownership of the account.

Also that they need to produce this and a true signed copy of a credit agreement from original OC to press for payment.. court even?

They can press for payment and even issue a claim, but to be able to win in court (provided you defend) and obtain a CCJ, they will need to prove they own the debt and that there was a credit agreement. However, this is not a credit card or a loan where you may dispute the debt on the basis of lack of a properly executed agreement rendering the account unenforceable, in this case the dispute would be about the fact that the service you are being asked to pay for, wasn't supplied to you in the first place.

[labman]

Re: Sar request for Barclays Partner Finance

I've always sent just a blank PO with a SAR. Send it recorded delivery so you can track delivery, they can't just claim not to have received it.

I used to until one was cashed, but the company said they'd never had it (was a bailiff company mind). You can check it's been cashed, but not by whom. It taught me a lesson, so I always complete them now.

[10pack]

Re: Sar request for Barclays Partner Finance

No, it's not a criminal offence. Normally you'd get a Notice of Assignment (NoA) rather than the actual deed, did you ever receive one? It's required to prove ownership of the account.
They can press for payment and even issue a claim, but to be able to win in court (provided you defend) and obtain a CCJ, they will need to prove they own the debt and that there was a credit agreement. However, this is not a credit card or a loan where you may dispute the debt on the basis of lack of a properly executed agreement rendering the account unenforceable, in this case the dispute would be about the fact that the service you are being asked to pay for, wasn't supplied to you in the first place.

All this has runbled on over the past three years BPF wasted a lot of time sending out bog standard replies to all the students stating that they had investigated our complaints and could find no grounds we had a complaint.. they would wouldn't they they know they owe the money and do not want to pay it so they expect you to make them pay it, the amount I wanted returned was the £855 I was out of pocket since I had not actually received money... if I have to go to court though I want a lot more.

end of 2010 I was involved in a mass claim against BPf there was over 1200 of us, it fell through because there was too many of us and all with different situations and scenarios one claim could not be made according to the firm of lawyers and we was advised to get out own lawyer and go for it.

Middle of 2011 I was involved with 6 other students we was going to be represented on a no win no fee basis, we had to stump up the cash to pay for the court though this was to be around £2,600 divided between us, I had my money ready but the others were stuggling to get this money we asked to have time to get it all together 3 months later beginning of 2012 we contacted the lawyer he pointed out that we had taken too long and that his firm had decided it was not their while to continue.. great!.

Last year was really busy for me I spent time trying to get a job even tried to even work for myself, I was getting info together to start county court proceeding against barclays but I was waiting to see how a Student got on with her country court appearance with BPF she won her case judge awarded her case she did get some money but not what she wanted, she had actually paid off her loan and was trying to get back the money paid into the loan because she pointed out she basically needed to start studying again with a new training provider.

The history behind the loan..
it was a linked loan ie I never handled the cash it was sent from barclays directly to advent computer training supposedly on the 15th of December and it was about 4 weeks later advent closed, so I never got a chance to start training never had any service or money.

because holiday over the Christmas and out of the country over New Year, I had told them to wait until I returned after 18th of January to start.
the first payment had been taken by barclays on 15th of January, when I got back I phoned Advent got no reply, it was some days later I found the email in my spam box from advent informing me they had closed.

a week ago I got a couple of letters in a envelope with no barclays logo or a Cardiff return address which I remember they always had a logo.

one letter claimed to be from barclays with no name and an unreadable scribble for a signature, the one from marlin had no name or signature.

The wording on the barclays letter..

This letter is formal notice of the assignment of the debt and closure of your account with Clydesdale financial services Ltd trading as Barclays partner finance and means that the effective owners of the above account are now Marlin Europe I Ltd.
Marlin Europe I have appointed Marlin financial services as their servicing agent to manage your account on their behalf.
All contact regarding this account should now be directed to Marlin financial services.

With effect from the date of receipt of this notice all payments due to Clydesdale shall be paid to Marlin Europe I .

The letter from Marlin (with same date on it)
This letter is notification that we Marlin Europe I limited have had assigned to us all right, title interest and benefit in the debts due in relation to the above account previously owned to Clydesdale Financial services trading as barclays partner finance prior to assignment

I suspect both letters were printed by marlin

if marlin really own the debt.. do they also have rights to the liabilities that BPF had ie to be jointly and severely liable as regards S75 claims?.

[10pack]

Re: Sar request for Barclays Partner Finance

Sorry the above is long message I do try to keep it short.. I could ramble on for longer if you wished :-D

[10pack]

Re: Sar request for Barclays Partner Finance

does anyone know if an account is in dispute is the loan company allowed to add charges to the balance?

I was checking the amount shown by marlin and its incorrect, they do not give a break down of the amount they think is owed.

I can only think either they have the wrong data or barclays added fines to it. either way its does not tally with what I know was the last balance.

[FlamingParrot]

Re: Sar request for Barclays Partner Finance

does anyone know if an account is in dispute is the loan company allowed to add charges to the balance?

I was checking the amount shown by marlin and its incorrect, they do not give a break down of the amount they think is owed.

I can only think either they have the wrong data or barclays added fines to it. either way its does not tally with what I know was the last balance.

The purpose of the SAR would be to obtain this information via statements of account. To make sure you get all information including any charges added to your account, you may want to send something along these lines:

Account/Reference xyz


Subject Access Request - S.7 Data Protection Act 1998


Please supply me with a copy of all information your company hold on me including a list of accounts and details of payments along with copies of statements.

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 relates to me and am entitled to under section 7(1) of the Act. 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.

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 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 print outs of all account transactions; all internal and external correspondence sent or received by you including memo’s, 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 (microfiche included). 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).

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.

I enclose the statutory maximum fee of £10.00 to access ALL data held by you about myself. You should be fully aware of your statutory obligations under the Data Protection Act and that any failure to comply with this request will involve a complaint to the ICO as well as potential legal action.

You have 40 days in which to comply with this request and note that this request has been sent Recorded Delivery so I can ensure compliance on these issues comply within the legislative time frames.


Yours faithfully,