SAR or CCA to receive original credit agreement

[Secretjay]

Hi,

 

I thought I didn't have to do a Subject Access Request as I have all my statements going back to the year 2000. So I went down the CCA request route instead and all I've received back is an application form from Cabot regarding my Capital One card (not all prescribed terms are on it).

 

If I send for a SAR now will they then need to produce the original agreement ? or say if they don't have one?

 

Thanks

Sjay

[andydd]

Hi,

 

I thought I didn't have to do a Subject Access Request as I have all my statements going back to the year 2000. So I went down the CCA request route instead and all I've received back is an application form from Cabot regarding my Capital One card (not all prescribed terms are on it).

 

If I send for a SAR now will they then need to produce the original agreement ? or say if they don't have one?

 

Thanks

Sjay

 

Cap1 normally send 'new' unsigned Agreement as request to CCA and then the unsigned application form for SAR request, neither are unforceable.

[Secretjay]

Thanks andydd,

 

do you think I should hold off paying them and keep disputing it until they send the original agreement? (although I don't ever remember receiving one)

[sticky29]

I would still do the SAR if I was you at least that way you should have a full picture of what they have or have not on you i.e notice of assingment etc. i have just gone down this road with cabot and have discovered some heavy duty ammo:D

[andydd]

Thanks andydd,

 

do you think I should hold off paying them and keep disputing it until they send the original agreement? (although I don't ever remember receiving one)

 

The SAR is just a double check to see wether they do have a valid agreement, when neither a CCA or SAR provide an enforceable agreement then its up to you to start the dispute process, be sure to check on some of the drawbacks though, if you are having debt problems it may be worth getting it touch with Payplan who can help with offering smaller paymants, freezing interest and charges, etc..it helped me..Im paying them £1 a month and I havnt started the in dispute process...yet.

 

Andy

[silverfox1961]

Hi,

The problem with Cabot is that once they send a scummy piece of paper purporting to be your agreement, they will then swear the agreement is valid and will badger you until they give up and sell the debt on to some other pond life.

 

Once you put the account into dispute, they will say it isn't. This then starts a game of letter ping-pong.

 

It's a case of telling them to "put up or shut up" If they think it's enforceable then let it go to court and let a judge decide.

 

fox