SAR too late??

[badger220987]

Sorry reposting as I was in the wrong place...We have a small family run business that has been hard hit by the recession and seen our income reduce by over 50%. I have 5 creditors who I have communiacted with at all times regarding our situation and with the help of the CCCS we have set up a token payment for them all, in fact 2 have put us on a severe hardship scheme. Only one of them wanted to take this further and took me to court for a ccj, (strangly enough it is the one we owe the least too just £5,100) this was awarded and I was told I must pay an increased amount of £18.00. I have paid this religiously and have all the receipts since that court case. They then went for a redetermination: We had a court hearing and I was asked could I pay in full I told the judge this was impossible, and I feared any further increase would upset our others creditors and the arrangement we have in place with them. The DJ said 'i sympathise but you can see these people cant wait 30 years for their money' He agreed to them applying for a charging order. This is due to be heard in 2 weeks and I am scared. The loan was taken out over 5 years ago and what I neglected to tell the judge (due to nerves) is that for the first 3 years I paid £50 a month payment protection plan to safeguard myself, almost £2000 for nothing!. As soon as things fell into hardship I applied for help with the PPI and was told it was no longer appropriate as I was no longer paying the full ammount?? (I had never missed a payment before that) This cannot be fair?? I now know I should have not admtted to the full amount at the first hearing but in times of stress I dont think I knew what I was doing. I also have this loan in my sole name and my partner is joint owner of our home, which is in negative equity. I just would like some help on how to approach the hearing and what, if anything to send in advance, Some one suggested sending a SAR is this possible just 2 weeks before having originally admitted the debt, which I regret but didnt understand. Many thanks

[rebel11]

Hi badger220987

 

A SAR gives the creditor 40 days to send you all the data they have with regards to your account. The main reason that people send a SAR request is to request statements for the account so they can claim back all the

Penalty Charges on the account with interest for the last 6 years plus. People also claim back PPI if it's been mis-sold. I think you've mistaken a SAR request for a CCA request. A CCA request gives the creditor 14 days to respond with a True

copy of your CCA. If they fail to provide a copy then then you can put the account in dispute.

 

With regards to the charging order here's some info on charging orders and how to stop a charging order. The link is for info only, not a recommendation.

 

http://www.insolvencyhelpline.co.uk/debt_factsheets/charging_orders_in_the_county_court.php

 

There is a lot you can do to regain control, it might seem tough, but it is possible. Others will advise too.

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/581-cca-request-letter

 

So send a CCA Request to all your creditors,

Reclaim all Penalty and PPI charges with interest. The PPI must of been mis-sold, did they just add it or did you ask for it.

Edited July 8, 2010 by rebel11

[badger220987]

They added it on I did not ask for it. Thank you for explaining about the SAR If I send this to the people taking us to court (which is in 2 weeks) how does this alter the court hearing, what do I need to say to the DJ?

 

I am objecting to the CO on several grounds

a) we are in negative equity

b) I thought I had made provision for the possible loss of earning with PPI Which i have paid out almost £2000 over 3 years

c) the debt is in my name and not my partners

d) We have 4 other creditors who we owe more too and they have accepted a token payment and frozen interest and charges

 

Do you think I have a case and how should I add this SAR to my list of objections?

Many thanks Clare

[rebel11]

badger220987

 

Move the pointing arrow over the 'subject access request' words in your post above. The SAR Request would not help your case, it just means that you are requesting information , but you could say to the judge that you've requested statements from the creditor so you can claim mis-sold PPI charges back.

 

You really need to stick to one thread.

Edited July 8, 2010 by rebel11

[Hardupnotfedup]

You need to get a copy of the T&C for the PPI, it appears to me that this has been mis-sold due to the fact you were self employed and the policy probably is worthless regardless of what payments you were making.

This loan will be halved when the PPI PLUS interest has been refunded.

[badger220987]

Thank you do I ask the debt collector who is dealing with this or the original lender for the T&C?

How is it est to word this to the Judge? or is it worth mentioning? Many thanks