Barclaycard/Cabot V Kate999

[kate999]

I sent a SAR to Cabot

- who have written back today to advise they are in the process of collating the data I require.

They have also stated that they may not hold the credit agreement or statements and I need to contact the original lender.

 

Can anyone advise me on this - if they are collecting the debt aren't they supposed to provide this information?

Does this mean I need to spend another 10pounds on another SAR.

This could get very expensive.

Any advice would be appreciated.

Surely they should hold all this information.

[dx100uk]

as advised before in your many threads

 

CCA goes to whomever is demanding you pay them, or whom you are currently paying

SAR 's always go to the OC's.

 

dx

[kate999]

Thanks dx - I thought if you wanted all information including CCA then send a SAR.

As the SAR asks for the CCA and they have not sent this what do you sugest I do now?

Do I need to send a SAR to Barclaycard then?

[dx100uk]

depends what info you want!

 

if you wish to check that a dca has the legal rights to demand money from you, they must hold an enforceable CCA, thus a £1 CCA request is the way to go.

 

if you need more info on the debt, say for unlawful charges reclaims or a faulty dn or ppi refund, then SAR is the way, ...no that does not include a copy of the CCA, and goes to the OC never a DCA

[slick132]

Hi Kate,

 

A SAR will not usually get you sight of a credit agreement because it's a request for data that is held but not for copy documents.

 

CCA request is the way to try and get the credit agreement, although it usually fails with BC.

 

Read other threads here and you soon get the drift.

 

[kate999]

Thanks for the advice guys!

As Cabot has responded to my SAR and advised that they are currently in the process of collating this information and they may or may not have the CCA agreement,

 

 

do you think I should send a CCA request whilst I am waiting, and state that for them to legally demand money from me they have to provide a valid CCA?

 

 

I just don't want to have to wait a month just for them to send me a load of irrelevant bumph and still have no CCA.

[dx100uk]

fire off a cca with £1 blank PO then

its cheaper!

 

dx

[kate999]

Thanks for the advice as always dx

- I am assuming they do not have one

- so I am guessing as you mentioned before that I need to send an account in dispute and wait to hear from them?

k

[dx100uk]

yep they wont have one because BC dont send them out on their CCA requests anyhow, they think they are above CCA requests.

 

just do a bit of reading in this forum

 

how old is this debt?

 

dx

[kate999]

Was defaulted about 6 years ago!

 

I am spending alot of time reading around the forum and trying to understand most of what I read.

What I am reading a lot of is when an account gets passed to a DCA eventually gets put in dispute,

then eventually gets passed back to the OC and on to another DCA.

 

Rather than going round and round in circles - why not just deal directly with the OC?

If I am patient and go through the motions will there eventually be a positive outcome???

 

Just really need some encouragement

- between me and my partner we have 6 creditors and been crucified with interest and charges.

Just seems like a black hole!

[dx100uk]

HANG ON...defaulted 6yrs ago... then it either statute barred or its very close to it, thats why you have these bottom feeders chancing their arm.

 

now that explains everything.

 

now you say 'defaulted' you mean you got a letter etc or a marker on your CRA from that date, or that was when you last paid?

 

the SB clock will start ticking from the last time you put money in or took money out. count 6yrs from that date.

 

dx

[kate999]

I have been paying it off for a few years unfortunately. No chance of status barred!

[dx100uk]

so why have cabot pulled your string?

or have you just decided to challenge the people you are paying this money too ?

 

dx

[kate999]

Yep! I have had enough.

The original debt was 300 pound and it went up to 900 pounds in charges

- I just can't believe I have to pay 600 pounds on charges/interest.

 

Just seems so unfair

- did some research and came across this website

- couldn't believe what I have read and learned here.

 

Can you believe I used to be a collection manager for a Finance company.

I hated it!

[dx100uk]

ok well dont forget you can reclaim all those charges + interest at THEIR interest rate.

thats where the SAR comes in, but it has to go to the OC.

 

get a speardsheet made and fire that off to BC.

 

dx

[kate999]

Hold on? I can claim the interest and charges back?? Even though it has been passed to a DCA? What if the interest and charges are coming from the DCA?

[dx100uk]

no they're not

dca's cannot increase a debt unless they have brought the debt.

 

how do you know its the dca doing this?

 

have you have a notice of assignment from them?

 

dx

[kate999]

Just had a look at the old paper work.

 

For a while the account was passed from HFO and their sols Turnbull Rutherford.

 

We then sent a I&E to them last year and advised financial difficulty.

 

Offered 5p/m, turned us down and I ignored them and kept paying them this

= I haven't heard anything since the rejected their offer.

Min payment seems to be keeping them quiet.

 

As to who owns this debt I think it is them as one of their Account Statements say they are the Legal Creditor and BC was the Original Creditor.

[dx100uk]

sar barclays i bet all this money has been lining the pockets of the dca

 

what docs have they sent before:

default notice

NOA

etc etc

 

dx

[kate999]

OK just to clarify - This is my next step -

1) CCA Cabot - in response to there SAR response letter advising them they must hold a valid CCA or they can not legally claim the debt.

2) SAR Barclaycard

 

If I am trying to claim back charges and interest - any idea who I will be claiming from?

As always dx you are amazing, and appreciate your support.

K

[dx100uk]

the OC always.

 

dx

[slick132]

Hi Kate,

 

When you get details of all penalty charges added to the a/c, you can enter them on a spreadsheet and reclaim them. Make sure you have details of all charges right up to the present.

 

If the a/c is now owned by the DCA and not BC, you will reclaim the penalty charges from the DCA. So you need to be sure on who owns it now.

 

Read the Interest tutorial linked in my signature. This explains why and how you can claim interest in restitution on top of the charges, at BC's contractual rate. If there are older charges on the a/c, this can make a huge difference to the claim and could put a large hole in the debt.

 

 

[kate999]

Thanks for the advice - once again just to clarify to get all the statements back I need to SAR both Cabot and BC? I am waiting for Cabots SAR anyway.

Just one other thing - If the debt ends up being unenforceable, what happens to all the interest and charges that I claim back. If I am trying to get the debt proven to be unenforceable should I go down the interest and charges route at the same time.

Sorry if I am not making any sense - just this could apply to a few debts I have. Thank you for your patience.

[slick132]

You should only send off one SAR. It would normally go to BC but, if the debt is now OWNED by a DCA, the request can go to them.

 

If you make a court claim against BC or the DCA for the return of charges and interest at the contractual rate, you can insist on a direct refund and hold out for it, in the hope that they cave in before a court hearing.

 

See here for a similar case - http://www.consumeractiongroup.co.uk/forum/payment-protection-insurance-ppi/258133-barclaycard-morgan-stanley-compound-2.html#post2954526

 

Read through the whole thread to see what's going on.

 

[kate999]

Fab stuff slick - One of the reasons I have had to SAR the DCA's is that I don't hold any of the original paper work (most of these debts are about 6/7 years old), So I am not certain who owns the debt as i don't have notice of assignments. Not very helpful and expensive way of finding out.