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Can someone clarify the exact position on CCAs and SAR requests please!


vtrn
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I am very confused.

 

I was always under the impression that a CCA request had to be complied with within twelve working days and if it was not signed by the debtor then it was unenforceable?

 

According to the Credit Services Association Consumer Website, and one of my creditors, it is no longer an offence not to comply, and the agreement does not have to have a debtors signature on, but must simply be a copy of the terms from when the agreement was taken out? If this is the case then what is the point in making a CCA request.

 

Further, with regards to SAR requests, what is the exact legal position on this because with me having like forty odd creditors, is there really any point in making either request?

 

Can someone clarify the exact legal position of both please>?

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The offence was removed from the Act but if they don't provide it you can withold payment until they do. Yes they can omit signatures but if they were to apply for a CCJ you could bring them to strict proof where they would have to produce it.

 

A SAR is covered under the Data Protection Act whereas the CCA is under the Consumer Credit Act. A SAR would also allow you to determine what unfair charges and PPI have been made which you can reclaim.

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cca - if they want to get you into court, they MUST have 'the' signed agreement.

however they can in an effort to con you, reconstitute what your agreement 'might' have looked like inc T&C.

they will typically also as you to sign this and return it!!

 

the barclay card or MBNA forums are good places to read about this as both of those Co's think they can do this and claim the debt is owed.

 

 

as for SAR's

you only need to issue ONE poer company, them they should return everything they hold on 'you' its a person thing, rather than as a CCA an account thing.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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