CCA or Subject Access Request? Who do I send it to?

[thekat1979]

I've a few posts on the go about wanting to try and set aside the CCJ that Brian Carter got against me about three months ago. I want to see what 'ammo' I have, so would like to see what information they have with regards to my CCA.

My question is, I have an address for Brian Carter (the solicitor) who was acting on behalf of Phoenix Recoveries UK Ltd (the claimant). Who should I send the CCA request or Subject Access Request to? The address for Phoenix Recoveries is in Luxenbourg which I find really strange. I don't know who the OC is as I do not recognise the debt. I believe they are a catalogue as what I have read here about Phoenix Recoveries is that they act on behalf of catalogues. I do not recognise the amount. So I'd guess I'd send the requests to Brian Carter? I don't think it sounds right to be sending them to an address in Luxenbourg?! I can't find a UK address to them.

Would a standard CCA request, or an Subject Access Request, or both be the right move? I was thinking an Subject Access Request would help me figure out who the original creditor is, but it would take 40 days and I'd like to get the process of getting the CCJ set aside as soon as possible. So, in that case a CCA would be faster as I could use that as part of my need to have the CCJ set aside as if I had been in a position to defend (and I would when they re-assess it) then I would have had a complete defence. Again though the Subject Access Request would allow me to have a more complete idea of where I am. I am pretty sure that, seeing as I do not recognise the amount, there will be charges on the debt. I could also find out who the OC is and therefore try and fix th.

Hope someone can help.

[huggys boss]

Has nobody ever told you who the original creditor is?

I am hoping somebody with more knowledge than me can help you.

As a rule of thumb, you send the CCA to whoever is trying to collect from you (the DCA) and the S.A.R to the original creditor, which will prove difficult in your case!

I am sure that there is a "prove it" letter somewhere on here, I will have a look for you.

You NEED to know who is claiming that you owe them money before you pay anything.

[spamheed]

send the cca to bryan carter and generally the Subject Access Request to the oc. sending an sar to anyone other than the oc is a waste of time and money

however, the ccj? - was it for the full amount of the claim, or for 10%

if it is for the lesser amount he has split the claim and this is against the rules and as such is contestable.

however, you have had a ccj for 10% of the actual debt, he cannot bring a claim for the remaining balance, so you could see it as a victory and pay the 10%

requesting the cca after the ccj is awarded will have limited value, the courts will view that the liability has been proven

[thekat1979]

It was for a small amount of the alleged debt. It was a little under 20%.

No, never knew who the OC was. Just says the claimant is Phoenix Recoveries. I'll CCA Brian Carter anyway just for the practise - about to CCA my other creditors. Maybe I could ask for the set aside on the basis of partial claim. I'd rather contest it if I can.

Thank you so much for the really fast response.