Advice please CCA/SAR Debt Collection Full and Final.

[snudgerchops]

Hi All,

 

Firstly my apologies if I have posted this in the wrong place - If I have could some kind person please move it?

 

Sorry if this is a bit long but it's difficult to know where to start, please bear with me. I lost my job last week so I am now unable to make payments to my creditors as arranged by the CAB some time ago. Details below:

 

1. I was made redundant about three years ago, defaulted on an Egg loan, was making token payments of £1 per month, this increased to £120 when I found a new job, have been paying this amount for two years. The debt was assigned to Britannica Recoveries - Arrow around June time last year, I continued to pay them the £120 per month that I was paying to Egg. Debt was originally for £12500 it's now reduced to £7500. The egg loan started on the 24/04/2006. (I have checked this info on my Experian credit report).

 

2. At the same time I defaulted on an MBNA credit card. They continued to apply charges and failed to respond to letters from the CAB requesting them to stop. The debt was then sold to VIL/Experto Credite. I only started making payments to them 7 months ago for £45 per month. Debt currently stands at £4300. (I have checked this info on my Experian credit report). Account was opened on the 20/02/2003.

 

3. Barclaycard, was making token payments of £1 per month increased to £110 per month when I found a job. They also applied charges etc at the beginning but stopped after the CAB wrote to them, however they started charging interest again in May last year at 0.251%. This does not show as defaulted on my experian credit report the word "satisfactory" is used instead. Account was opened on the 16/01/2004.

 

I have informed them all by phone that I have lost my job and cannot meet the payment this month and the CAB are writing to them with a token offer of £1 per month and will include my IE report along with it.

 

Abbreviated Monthly IE:

 

Income:

Job Seekers Allowance: £292

Partners Salary: £1200

Child Benefit: 86.66

Tax Credit: £20

 

Total: £1599.16

 

Expenditure:

£2017.64

 

Shortfall:

£418.48

 

I am a little confused about CCA and SAR. What exactly do these do? Could they help me reclaim charges etc? Will it show me my old statements and charges etc? Do they apply to loans or is it just credit cards? Should I send a request to MBNA or to Experto who now own the debt? I am really sorry for all the questions but my head is spinning and as helpful as the CAB are they are too busy and have suggested that I undertake this myself.

 

A few final points.

 

I never had PPI.

 

I live in Scotland and sometimes the law is different, any advice on letters greatly appreciated.

 

My Father retired in January and has offered me £5000 to approach my creditors, would Barclaycard entertain this as I have not defaulted or should I spread it between Experto & Britannica/Arrow?

 

I did phone Britannica/Arrow who offered to reduce the debt by 40% as did Experto. Having read this forum I now know that I should not phone them - SORRY.

 

Sorry again for all the questions, any help or advice would be warmly welcomed.

 

Thanks

Snudgerchops.

[rebel11]

Hi snudge

 

Welcome to CAG

 

Have a read of 1,2,3,4,5,7,8 and 9 in my signature.

 

Thread has been moved to the correct forum. SAR template and spreadsheets can be found in the library.

Have you been mis-sold PPI on any of your accounts?

 

http://www.financial-ombudsman.org.uk/publications/technical_notes/ppi.html

 

Thread has been moved to the correct forum.

[dx100uk]

never ever accept a 'discount'

 

that means the debt is prob un-en in a court of law

 

poss ppi/penalty charges

or

its sb'ed already

or

written off

 

so any one offering a discount

investigate why

 

sar them

get reclaiming.

 

dx

[snudgerchops]

never ever accept a 'discount'

 

that means the debt is un-en in a court of law

 

poss ppi/penalty charges

or

its sb'ed already

or

written off

 

so any one offering a discount

investigate why

 

sar them

get reclaiming.

 

dx

 

Hi dx100uk,

 

Thanks for the info, can i ask what sb'ed means? Sorry I'm new to this.

 

Also - I never had PPI on anything, I always thought it was a rip off

 

Thanks again

[snudgerchops]

Hi snudge

 

Welcome to CAG

 

Have a read of 1,2,3,4,5,7,8 and 9 in my signature.

 

Thanks rebel.

 

I know I'm going to sound a bit thick here, but is SAR the same as CCA? And should I send the SAR request to the original creditor MBNA - or to Experto Credite who now own the debt according to my credit report?

 

Sorry for all the questions, just want to get it right.

 

Thanks again.

Snudgerchops

[dx100uk]

no sar gets you all info the company holds on you

 

the CCA just gets you a copy of a specific credit agreement.

 

sb is statute barred [6yrs since YOUR last financial transaction in/out]

 

i think you honestly need to do some reading around

using your search top right

before you do anything.

 

dx

[rebel11]

Send the SAR request and CCA request to the Registered Office of the Original Creditor, so who you took the account out with. Send them Recorded.

A SAR costs £10 - they send all data including statements, a CCA costs £1- they send a copy agreement or reconstructed agreement.

 

Hi snudge

 

Welcome to CAG

 

Have a read of 1,2,3,4,5,7,8 and 9 in my signature.

 

Thanks rebel.

 

I know I'm going to sound a bit thick here, but is SAR the same as CCA? And should I send the SAR request to the original creditor MBNA - or to Experto Credite who now own the debt according to my credit report?

 

Sorry for all the questions, just want to get it right.

 

Thanks again.

Snudgerchops

[snudgerchops]

Thanks for the advice so far.

 

I have prepared the SAR request letter using the template from the library and I will send it to the original creditors. Egg loans and MBNA.

 

Few questions if ok?

 

1. I live in Scotland, does the SAR template in the library cover Scotland?

2. Should I send a copy to the DMC'S involved or leave them out?

3. Should I send it to a certain department or just the registered office?

Thanks for all the advice so far.

 

Snudgerchops

Edited February 28, 2012 by snudgerchops

[dx100uk]

no

why are you in a fee paying dmp in the first place

compliance manager

 

dx

[snudgerchops]

no

why are you in a fee paying dmp in the first place

compliance manager

 

dx

 

Sorry I may have got my abbreviations wrong - I'm not in a fee paying DMP - It's through the CAB. Sorry if I messed up - I have been reading the site all day - PROMISE.

 

So do you mean "No" don't inform the debt collection agencies?

 

Sorry again.

[dx100uk]

no def not

nothing to do with them!

 

you should not be conversing or paying ANY DCA's

 

they have no powers at all.

 

dx

[pam56]

Hi

 

I was wonderin re above where it's advised to send the SAR request to the Original Creditor (in my case Marks & Sparks from 1998) yet I seem to think that somewhere one on this forum it was written to send it to the person who had been assigned the debt or last person who send thedemand. Am I getting confused or mixing that up with a CRA? Thanks:???:

[dx100uk]

sar goes to the OC

 

cca goes to whoever is chasing you.

 

dx