SAR DCA/Original Creditor

[Stressed150]

Hi guys just wanted to find out if someone could advise me as to whom I would write for an SAR, if my account was passed onto a DCA. The acconts I want to SAR are now closed as I offered a partial settlement on them, but I now wish to claim back any charges that were added to these accounts and ensure all default notices and deeds of assignments were in accurate and enforceable..... would these documents also be included in the SAR? If so, whom would they come from, the OC, or DCA? And also would the SAR inculde every single bank statement throughout the life of the credit agreement?

[cerberusalert]

You send the SAR to the original creditor. Even though the account may be closed they still have to keep the information for six years.

 

You will only be able to reclaim unfair charges going back six years.

[Stressed150]

Thanks for the response Cerberusalert... is that even if the account was sold to a DCA, and hence any final payments made to the DCA? What happens if an OC cannot provide me with SAR and the account is now closed?

[cerberusalert]

What happens if an OC cannot provide me with Subject Access Request and the account is now closed?

 

You can make a complaint to the Information Commissioner & they would be liable to a £5000 fine. Any money which may be due to unfair charges would more than likely be offset against the remaining balance anyway, but if the do fail to provide the SAR you could take steps to have them remove any adverse information they have left on your credit file.

[Stressed150]

Any money which may be due to unfair charges would more than likely be offset against the remaining balance anyway, but if the do fail to provide the SAR you could take steps to have them remove any adverse information they have left on your credit file.

 

Even if the debt is deemed as partially satisifed on my CRF? I thought once this happened, that was the end of the debt?

[cerberusalert]

Not really no, it's only been marked as partially satisfied. There is every possibility that they could sell the debt on and another DCA will crawl out of the woodwork.

[Stressed150]

Oh Cr4p!!! I was very naive when i offered full and final payment to these accounts, is there any way that I can have them amended as settled instead of partially settled?

[cerberusalert]

The only way would be if there was an unenforceable agreement then you could send an S.10 notice see; Knocked back by a DCA on a Sec 10 notice? - The Consumer Forums

[Stressed150]

Useful thread, thanks for that post, and thank u for ur advice, will be going after all companies for a CCA, to get the ball rolling...x