CCA or SAR

[Uptotheneck]

After spending many hours (probably too many) and gathering loads of great information, I have decided to take some action myself.

 

A bit of background first, we had a business and used Barclays for all our banking needs. Anyway they decided to close our bank accounts so all our direct debits and such stopped and so did our business. Leaving us unable to pay our commitments.

 

This was 6 years ago last august, this left us with 33 debts that we couldn't pay. Now 4 companies took us to court themselves straight away, but the rest were passed to various DCA's, I think we have heard from the majority of the companies mentioned on this great site. We have battled through pretty much ignoring them both mail and phone calls (boy has the shredder been busy).

 

So my question is at this point would we be better SAR'ing them or CCA'ing them?

 

 

 

Thankyou for your responces in advance

[rb2010]

Hi,

 

This is a link to my thread. any input an advice would be greatly appreciated.

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/177589-blair-oliver-scott-need.html

[fedup74]

I think your best bet would be a CCA request for now, see if they have an enforceable agreement, this only costs £1 whereas an Subject Access Request costs £10. Don't forget, don't sign anything, send recorded delivery with a £1 postal order:)

 

If you have added charges then you would SAR them to see how much charges they have added and claim them back.

Edited January 16, 2009 by fedup74
added SAR bit

[Rayne]

If this was 6 years ago last august, is there not the question of being statute barred if u haven't acknowledged these at all?

[maroondevo52]

Hi, Uptotheneck.

 

Like Rayne say's some of these debt may be Statute Barred.

 

If a lender allows time to pass without receiving any payment an action for recovery may become barred.

 

Under the Limitations Act 1980 the time limits are

 

in simple contracts, 6 years

in contracts under seal, 12 years.

 

If the debtor acknowledges the debt in writing or makes a part payment within the original limitation period, then the time limits start to run again from the date of acknowledgement or the date of payment.

 

 

The Limitations Act 1980 outlines the time limit within which a creditor can chase a debtor for outstanding debts. The Limitations Act 1980 only applies when no contact has been made between the creditor and debtor within the given time limit and only applies to residents of England and Wales.

 

 

Really, the best thing you can do is start a new thread on each of your debts in the relevant Forums, then people can help you, regarding each debt.

 

The debts with DCA'S should be kept in this Forum.

 

Regards.

 

Scott.

[Uptotheneck]

We have just sent off our £2 to Experian and Equifax to see what the state of play is. I haven't got a clue at the moment which DCA holds which account, other than the one we received today from ScotCall.

Early on in the game we did have a bit of conflab over the phone, but we have never admitted to any debts in writing, other than a car we had and they offered to make us bankrupt, they wanted an offer of payment, when they found out we don't have a house or a car. They refused the offer of payment as the amount was unfair.

 

So the first CCA goes to......... ScotCall

 

 

Thankyou

 

David

[Tigstheterror]

Hi UTTN i have just had a telephone call ( recorded) with Scotcall saying that i had to request my CCA from the orignal company as they had passed the alleged debt back to them!!, after a conversation with them i got the advisor admitting that they had passed it back once they got my request as they knew they could not fulfill it!!! and the advisor actually states the alleged debt has been cancelled and i asked for this in writing!

Keep with it and hopefully you can either stick to the statute barred road or you may even get a result like mine! good luck!

Tigs x

[Uptotheneck]

Thanks Tigs

 

And well done. Great result