Sar request for Barclays Partner Finance

[10pack]

Re: Sar request for Barclays Partner Finance

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:

ok thanks will use it, but my question is about.. can a loan company be allowed to add charges to an account.. if they can when are they allowed to do this?

[FlamingParrot]

Re: Sar request for Barclays Partner Finance

ok thanks will use it, but my question is about.. can a loan company be allowed to add charges to an account.. if they can when are they allowed to do this?

They can add charges for a number of things: late payment, collection attempts sending letters or ringing you), etc. The issue is whether these charges are disproportionate, but you won't know the answer until you have a breakdown of them. They could also be adding interest on a monthly basis, which could explain the increase in the alleged balance. That's why you need to get statements.

[10pack]

Re: Sar request for Barclays Partner Finance

My request should have arrived at BPF today will see how long it takes them to respond.

Also noted the account number on letters that arrived the other week are wrong, I am not telling Marlin what the real number is obviously, but it shows they cant have a copy of the credit agreement something they admitted to not having when I phoned them last week, since then have not heard from Marlin... maybe they are snowed in??.

[FlamingParrot]

Re: Sar request for Barclays Partner Finance

My request should have arrived at BPF today will see how long it takes them to respond.

Have you checked with Royal Mail track'n'trace that it has arrived? Because the 40 days start from the date it was received.

Also noted the account number on letters that arrived the other week are wrong, I am not telling Marlin what the real number is obviously, but it shows they cant have a copy of the credit agreement something they admitted to not having when I phoned them last week, since then have not heard from Marlin... maybe they are snowed in??.

When accounts are sold to DCAs they are often given them their own number, Marlin certainly do, I even know a case where someone got tripped up for quoting a Marlin account number rather than the original number. DCAs don't usually get paperworks for the debts they buy, when someone sends a CCA request they have to get the agreement from the OC. Did you ever send a s.78 (CCA) request to either Marlin or the OC? If the OC was Barclays, they are notoriously bad at finding agreements! :thumb: :lol:

You need to send a proper s.78 request with the £1 fee if you ever want to argue non-compliance with s.78, merely asking for it over the phone isn't enough. In fact, it's a good idea not to communicate over the phone at all with either the OC or the DCA.

[10pack]

Re: Sar request for Barclays Partner Finance

Have you checked with Royal Mail track'n'trace that it has arrived? Because the 40 days start from the date it was received.When accounts are sold to DCAs they are often given them their own number, Marlin certainly do, I even know a case where someone got tripped up for quoting a Marlin account number rather than the original number. DCAs don't usually get paperworks for the debts they buy, when someone sends a CCA request they have to get the agreement from the OC. Did you ever send a s.78 (CCA) request to either Marlin or the OC? If the OC was Barclays, they are notoriously bad at finding agreements! :thumb: :lol:

You need to send a proper s.78 request with the £1 fee if you ever want to argue non-compliance with s.78, merely asking for it over the phone isn't enough. In fact, it's a good idea not to communicate over the phone at all with either the OC or the DCA.

there is indeed an own number for Marlin.. but in a letter supposedly from barclays quoting my account number its wrong.. not even close the amount owed is also wrong.
this is supposed to be the notice of assignment letter from barclays with no name and a scribble for a signature.

marlins letter also had no name no signature and when I challenged marlin about legality of this and asked for true signed copies.. they said these are legal.. I said no way and pointed out I could print my own stating loan paid in full if that were the case.

how can this be legal when they do not have names, signature or even have the correct agreement number?? and even admitted they do not have it?

[10pack]

Re: Sar request for Barclays Partner Finance

letter was sent next day special delivery so is fully traceable

[10pack]

Re: Sar request for Barclays Partner Finance

Barclays sent my SAR request ltter back complete with my postal order, wrote that I had not signed it, they have stamped my letter and dated it.

Does this mean if I send it back as its the original and dated by them its still valid from the date they stamped it ie the 40 days are still counting down?.

What can they gain from my signature on the letter?

[FlamingParrot]

Re: Sar request for Barclays Partner Finance

Barclays sent my SAR request ltter back complete with my postal order, wrote that I had not signed it, they have stamped my letter and dated it.

Does this mean if I send it back as its the original and dated by them its still valid from the date they stamped it ie the 40 days are still counting down?.

You may want to refer to this thread ---> http://www.legalbeagles.info/forums/...ting-signature

You will find a link to an anti-tamper signature strip you can download and use to sign on top. Also see this post with regards to timescales:

40 days starts from day they received it. Little point in holding them exactly to it TBH, an extra few days makes little difference. Why not download the link above for the signature rather than be pedantic? It makes your and their life easier.

What can they gain from my signature on the letter?

They will claim it's for ID purposes, etc. :blah:

The reason for not using your real signature or using an anti-tamper signature strip is to stop them from copying and pasting your signature onto documents purporting to have been signed by you, it has been known to happen and it's best not to sign to be on the safe side. :nod:

[FlamingParrot]

Re: Sar request for Barclays Partner Finance

there is indeed an own number for Marlin.. but in a letter supposedly from barclays quoting my account number its wrong.. not even close the amount owed is also wrong.
this is supposed to be the notice of assignment letter from barclays with no name and a scribble for a signature.

marlins letter also had no name no signature and when I challenged marlin about legality of this and asked for true signed copies.. they said these are legal.. I said no way and pointed out I could print my own stating loan paid in full if that were the case.

This is a totally separate issue from your SAR, are you saying you HAVE sent a s.78 CCA request worded as such with the £1 fee? Because you need to do it exactly like that if you want to argue non-compliance with s.78. Merely discussing your agreement and/or lack of one in letters dealing with various matters or over the phone is not the same as sending a proper s.78 request. If this went legal you wouldn't be covered unless you had sent such a request.

how can this be legal when they do not have names, signature or even have the correct agreement number?? and even admitted they do not have it?

Marlin do assign their own account numbers, I think I mentioned this before, that someone had been tripped up by quoting a Marlin number instead of the original account number when referring to correspondence that would have taken place before the debt was sold to Marlin. Normally this doesn't make any difference with regards to enforceability, although I also know about a case where quoting a different account number on the Particulars of Claim was used as a defence. Every little helps, but they haven't taken this to court so there's little point in arguing about account numbers at this stage. Just make sure you can show you've sent a CCA request and they haven't been able to supply you with an agreement, that should be a much stronger argument in your favour.

[CheesedOffCharlie]

Re: Sar request for Barclays Partner Finance

Marlin are using fake Barclays Partner Finance acccount numbers, they are saying "this is your BPF number" and "this is your new Marlin account number". I think 10pack was probably right in what he posted in the thread that I started that the original letters from BPF attaching the Marlin letter all come from Marlin. The BPF leter wasnt showing the BPF account number, just a random made up number.

[10pack]

Re: Sar request for Barclays Partner Finance

I got my documents back from barclays today, they mainly posted copies of letters sent to me, but they also sent what looks like a printout from some computer system could be comments and info that shows on a screen when a rep is accessing your records.

Any way I can see info of the various debt collectors that have been harassing me over the past 3 years.. and one line that seems to point to marlin being involved,

201212 (date?) Block code changed from to DSALEMARLIN1212

the previous entry dated September 2011 shows when Apex tried to get money from me, my reply to them was CCA request and also a quick explanation of why I was still in dispute with BPF, they should have reported this back to BPF.

I checked on my credit file Tuesday evening and noticed that marlin has added a default against my account they put the default date over a year later in December 2011 not the original October 2010 with Barclays.

How can they get away with adding a default to my credit file for a loan that is already in default and not only that.. they have add it for a date that is a year before they even sent me a letter informing me they now owed the loan, their date of transfer was 20th December 2012.. so how could I be in default when all I had from marlin was a letter dated 2 January 2013 informing me they now owned the loan... and they have been informed the loan is in dispute.

[10pack]

Re: Sar request for Barclays Partner Finance

any chance anyone knows about how I can get a second default for the same loan? just because the debt can be brought how can they apply a second default?.

Also noticed while reading through the letters supplied by my subject access request the the letter from barclays that was sent on same envelope with a letter by marlin, the barclays letter was supposed to inform me they was giving up the loan.. it is not there!

also in the file is a letter from barclays dated 06/02/13 informing me they have added an extra late payment charge of £22.50, how can they do that then if barclays was supposed to have sold the debt in December 2012? to me this means they are still claiming tittle to the debt.

Also what is the process that needs to be followed to place a charge on your property.. does the finance/dca need to go to court to get permission to do this? can they do it without my knowledge, and how long does it take to do this??.

Any help would be appreciated

[FlamingParrot]

Re: Sar request for Barclays Partner Finance

Also what is the process that needs to be followed to place a charge on your property.. does the finance/dca need to go to court to get permission to do this? can they do it without my knowledge, and how long does it take to do this??.

They would need to take you to court and obtain a CCJ against you, once they have a CCJ they can apply to the court for a Charging Order to secure the debt. If the property is jointly owned and the debt is just under a single name, they can only register a restriction, but the'd still need to obtain a CCJ first.

[FlamingParrot]

Re: Sar request for Barclays Partner Finance

any chance anyone knows about how I can get a second default for the same loan? just because the debt can be brought how can they apply a second default?.

See below, from the ICO Technical Guidance Note - Filing defaults with credit reference agencies

The ‘sale’ or assignment of debts on defaulted accounts

52 When the rights to a debt are sold to a third party, the lender has to make sure the records with the credit reference agency are accurate, up to date and adequate. If they want information about the debts to continue on the credit reference file they will need to come to an agreement with the purchaser about who is to be responsible for this.

53 If the purchaser agrees to take control of the record, the customer should be informed that the debt has been sold or assigned and to whom. The credit reference agency file should be changed to show the name of the purchaser and that the rights to the debt have been sold or assigned. The purchaser should then make sure the record is kept up to date including changes to the amount still owed. The purchase should not affect how long the record is kept. It should be removed six years after the default.

54 Where the purchaser of the debt does not agree to take control of the record, the original lender, and at least in part the credit reference agency, will remain responsible if the original record is kept on the file. When the debt is sold or assigned, the customer will no longer owe any money to the original lender. If the record is not removed, the sale or assignment should be recorded and the balance should be shown as zero. The customer should still be told who the debt has been sold or assigned to.

Also noticed while reading through the letters supplied by my subject access request the the letter from barclays that was sent on same envelope with a letter by marlin, the barclays letter was supposed to inform me they was giving up the loan.. it is not there!

Did you get a Notice of Assignment from Marlin?

[10pack]

Re: Sar request for Barclays Partner Finance

"Did you get a Notice of Assignment from Marlin?"

That is just my point.

About 8th of January 2013 I had two letters in same envelope one that was supposed to be from barclays informing me they had transferred the debt.. the other letter was from marlin informing me they now owned the loan.

That letter from barclays was not in the SAR pack of documents I received from barclays, the one marlin sent.. marlin must have printed it.

Also the the second default was put on my credit file on 27th of January 2013 after the above letters arrived from marlin, no notice of default, no other communication, I found out about the second default from an Experian alert on my account.

Original default from barclays was October 2010, the default date from marlin is dated December 2011 over one year before their claim to ownership.

If marlin are taking over the loan should not a default date keep the original default date from barclays? otherwise a company can keep a default alive indefinitely just by altering the date with a new default?.

I have had no communication from barclays for sometime, they did set Apex on me late 2011, I wrote back to Apex informed them my account is still in dispute with barclays.. asked them for a copy of my credit agreement, they informed barclays who then sent me a copy of it.

At the end of 2011 I was with a group of other students who was to be represented by a lawyer to take barclays to court, but unfortunately it fell through around February/March 2012.

My next option at the time was to take barclays to county court, had a few other things to do at that time though (trying to find work for one, I am not on benefits, so need money) and planned to start this year.