Help on CCA/SAR requests

[DarkConvict]

Hi,

 

Been searching for a few days now and i am still not 100% sure on the CCA/SAR process.

 

A friend of my mothers has gotten into trouble with vanqis (£2.5k) which are i believe fairly well known on these forums, so i have offered to help in out as they flatly refuse to deal with CCCS to reduce payments and have now passed it to there internal debt collectors (Impact debt collections)

 

The question,

 

What is the process for dealing with vanqis.

 

So far i am planning to write up letters for him, 2 telephone harassment letters to get them to write to him instead of phoning. He works as a courier driver so he can never answer the phone during working hours.

 

Day 1 : Send a CCA (Consumer Credit Agreement) request via recorded delivery. (I have template)

 

Day 1 : Send a SAR (Subject Access Request) via recorded delivery (I have template)

 

Now this is what i need clearing.

 

CCA

Is true that after 14 days if no valid CCA has been sent it is unenforceable by court until a valid one can be produced. At which point we hang on and do nothing.

After 30 days, if no valid CCA can be produced by vanqis we send a debt in dispute/i do not acknowledge, along with letter to trading standards as they are in breach of the law not to provide it.

 

With regards to the SAR, or SARN as its sometimes called.

If after 40 days they do not produce everything, most importantly all the statements then we also submit a (dispute/i do not acknowledge) letter.

If they do reply with all the details we then send a letter requesting back all the charges. I can find a letter before action for charges, but no normal request charges back letters. Can someone provide template for this letter?

 

I know we will have charges to claim as they were taking something like £40 a month (maybe £50/60 in interest too) even when he didn't use the card that month and was in dispute with them over the card by phone, in addition there is PPI which he may beable to claim back.

 

 

So in conclusion to this explanation, can someone please provide a timeline of what needs to happen once the SAR and CCA are sent off. Many thanks to you caggers.

 

 

Note - Sadly, I am away until Monday evening without Internet access so if i do not reply i am not been rude, i will be back

[GhostDebt]

Subject Access Request will cost you £10 and provide a lot more information the the CCA request which costs £1

 

Not sure if you can class the account being in dispute if they fail to comply with the SAR although you can make a complaint to the Information Commisioners Office.

 

If they fail to comply with the CCA request than you can put it into dispute, although they will ignore your dispute and continue to trash the persons credit file and apply charges as well.

 

Hope you get some more feedback.

 

Regards

[maroondevo52]

Hello and Welcome, Darkconvict.

 

Regarding the CCA...........

 

A debt becomes unenforceable under the CCA if a creditor does not supply a true copy of the signed credit agreement within 12 working days of it being requested.

 

The debt remains unenforceable for as long as the creditor fails to produce the signed credit agreement – this means if they produce the agreement some months down the line, they are quite within their rights to enforce it. They do not need to take any further action to enforce the debt. A debtor cannot take any action against the creditor for failing to produce the signed credit agreement within the prescribed time, because that is up to the agencies that the offence has been reported to. Any sanctions that may be imposed are at the discretion of these agencies, and it is not a matter that the debtor can take to the civil court.

 

 

If after requesting a true copy of a signed credit agreement the creditor fails to produce it, it does not mean that the debt does not exist, the debtor may now however be in a good position to make a full and final offer to clear the debt.

 

 

Ghostdebts advice about the SAR is correct, there is a Non-compliance letter you can send after the 40 days have passed.

 

Regards.

 

Scott.

[sam614]

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/571-failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale

 

you send this after 12+2 since the cca request

the 30 days no longer applies.

you send this to put the account indispute

 

SAM:pLOWELL DETESTER

[DarkConvict]

Hi,

 

Just logging on before my weekend trip, i've had a look at what you mentioned. I did know about the charges but forgot to mention them, sorry GhostDebt. But thank you for the advice.

 

maroondevo52 you have cleared it up a alot more for me to what legal stance can be taken following the 2 letters and where to proceed from there. thank you very much. I understand there isn't any set route as it depends on when and how these companies reply.

 

sam614 Thanks for the template letter, im terrible at finding them

 

Ill be back in a few days to have a look to see if there is any more updated information and then start preparing the letters for him.

[sam614]

The Consumer Forums - Debt collectors

 

bookmark this.

SAM