CCA Request

[brent100]

Hi

 

I sent off for a CCA request to my creditors. Two of these are because of personal guarantees for a business loan for my busienss that went into liquidation.

They have written to me (and returned my £1 P.O) saying that the guarantee agreement for the loan are not regulated by the CCA 1974 so have NOT sent me any paperwork with regards to my liabilitoes under the guarantee.

 

Can anyone throw any light on this and tell me how I can get all the relevant paperwork to do with the original loan to the company and my guarantee?

 

Thanks

 

Brent

[42man]

Sending off a SAR request will glean this information (unfortunately this costs £10) send it in postal orders and send by recorded, they have to send you all the paperwork withing 40 days....this one is a good one to use but you may have to edit it as this is for consumer credit (but you could still ask for copies of any agreements)...

 

Data Protection Act 1998

 

Subject Access Request

 

Dear Sir/Madam

 

ACCOUNT NUMBER: xxxxxxxxx (or multiple numbers if more than one account)

 

Please supply me with all data that you hold on me. This includes in particular, but is not limited to, the following:-

 

1. The original signed, executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

3. Where there has been any event in my account history over this period which has required manual intervention by any 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 account formerly held with ORIGINAL CREDITOR.

4. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

6. Details of any collection charges added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

7. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

8. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

9. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

10. Copies of statements for the entire duration of the credit agreement.

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

 

Yours faithfully,

 

 

sign your name but put lots of crosses through it so it can't be 'lifted'

[brent100]

Thanks 42 man

 

Cheers

Brent

[brent100]

I've received the information from my CCA request from 2 out of my 6 creditors. The other 4 have yet to send me the information. I sent the letters out by recorded delivery on 26th November ( 20 days ago).

What can i do now with the 4 who have not sent teh information?

 

Regards

 

Brent

[Perdita]

There are 2 schools of thought on what to do when you dont hear anything after the 12 + 2 days have passed. One is to fire off the "account in dispute letter" and the other is to just sit quiet and do nothing while they dig their own holes.

I personally now dont do anything when I have heard nothing but wait until the threatograms restart and then send the account in dispute letter if they start to sound serious. I got a bit tired of the constant backwards and forwards of letters which basically said the same thing time after time.

If they dont provide the CCA then they cant do a lot but try to panic and frighten you into paying up.

P

Edited December 16, 2008 by Perdita
wrong referral