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    • I think it was from 18months ago.    You’ll probably think I’m fussing again but I’ve got a feeling they’ll take mine further due to the shear amount that is owed, I’ll be astounding if they don’t. 
    • as I said read the date of the thread many moons ago.   its not illegal either, debt is a civil matter not a criminal one.   dx  
    • Hi Andy   Thank you for the link, it was very helpful, appreciate it.    I was actually made to feel quite 'stupid' and felt as if i was wasting the forums time on this thread after DX's comments in post #38.      Please see attached the necessary documents, please do let me know if you require anything else, many thanks.   Files attached:  - Default Notice   - statement of Default Notice  - Reconstituted Agreement & T&Cs - 3 different sets   P.S - sorry about the quality of the T&Cs, the high quality files were too large and had to reduce them.   Thanks, Roland   Exhibit JK1.pdf
    • If it’s so easy to get shut of a PayPal negative balance how come everyone doesn’t do it as such? I guess it’s morally wrong but not illegal!?    I read a thread were a PayPal employee said “paypal WILL take you to court and WONT let it lie, they have a specialist team that chase negative accounts over a ceratain amount which I’ll defo meet that criteria 
    • date of claim 14th November (2019)   What is the claim for – the reason they have issued the claim?  1) The claim comprises the following agreement the defendant entered into: a. JD Williams & Co with reverence 1234567 and current balance of £559.77 The agreement was terminated as payments were not maintained and subsequently assigned to the claimant. And the claimant claims: a) The said sum of £559.77 b) Interest pursuant to # s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, but limited to one year, being £44.ui c) Costs   What is the total value of the claim? £735   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? Yes  Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No Did you inform the claimant of your change of address? Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Catalogue   When did you enter into the original agreement before or after April 2007 ? Before   Do you recall how you entered into the agreement...On line /In branch/By post ? I think by post   Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? No   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt purchaser - Lowell   Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes   Did you receive a Default Notice from the original creditor? Yes   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Yes   Why did you cease payments? Couldn’t afford the interest    What was the date of your last payment? Over two years ago to the DCA   Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes
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yoyoscot

CCA or SAR???

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Hi,

 

I've made pro-rata final settlement offers to my eight creditors [high-street credit card cos]. One or two have now accepted these offers, but unfortunately the remaining six or seven haven't.

 

Although I'd have preferred to settle, I'm up the creek and have no choice other than to change tactics. With this in mind I'm considering asking for my Credit Agreement under the CCA, or submitting a SAR.

 

My question is this:

 

Which is more effective/appropriate, asking for my Credit Agreement or submitting a SAR? Perhaps I should I use both, one after the other? If so, which one first?

 

Any feedback would be most welcome.

 

Thanks in advance!

Edited by yoyoscot
making my question clearer

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Standard practice is to CCA them 1st - it's cheaper and you can always SAR them later if you need further info.

 

David

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As part of your 'settlement' with them request in any full and final their positions on leaving defaults / adverse information on your credit files....and bear in mind they usually sell the debt for anything between 5% and 30% of the original debt value....you should also look at those that have added any PPI premiums on them too.... - Daily Express | YourMoney :: Bank in dock over an £8,000 credit card bill


PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

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IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

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42man: Thanks for your additional advice. As you might imagine I have several 'defaults'. As part of my 'full & final' settlement offer I asked that these be removed, and that my creditors should look favourably at any attempt that I make to repair my credit file. At this stage I'm not convinced that my defaults will actually be removed, but that's certainly part of the deal that I proposed.

 

The settlement offer that I made was based on the amount of money I could raise rather than a percentage [as a percentage it worked out at about 20%]. As I said, most of my creditors have chosen to reject this - which is a pity ...but it's all that I could raise, so I have no choice other than to take a less-positive approach going forward : (

 

Thanks again!

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diddydicky: Thanks for your response. The default notices have taken place, with many terminations but not all. I plan to do a bit of research before the weekend, as I believe that there was a change in the law [in Scotland] on the 1st of December 2009. I need to understand what the implications of that change are, and then make sure that I use the right terminology to request a true copy of my credit agreements. Thanks

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diddydicky: Thanks for your response. The default notices have taken place, with many terminations but not all. I plan to do a bit of research before the weekend, as I believe that there was a change in the law [in Scotland] on the 1st of December 2009. I need to understand what the implications of that change are, and then make sure that I use the right terminology to request a true copy of my credit agreements. Thanks

 

remember that the SAR will NOT oblige them to send you a copy of the cca (although many do send what they have already sent in response to the s78 request)

 

they are only "obliged" to send you the information they hold on you, not the actual documents the information is recorded on

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