SAR to Capital One and/or Creditor

[Borris the Bold]

Hello to all at CAG,

 

Firstly, I would like to say that I've had some great assistance and advice from CAG members so far on my particular problem. However, I noticed today that there is a sub forum for Capital One issues, so I thought it best to request further assistance here. I have attempted to link the initial thread, but I'll try and explain everything in brief.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?371753-Statutory-interest-applied-to-judgement-debt

 

My question: Should I SAR Capital One Bank (Europe) plc, the creditor (Robinson Way & Co), Robinson Way & Co's solicitor or all three in my current situation?

 

In short: house sale going through, CO (restriction) settlement figure received from solicitor, wish to contest statutory interest added, need quickest access to the document that proves this type of interest is applicable, time running out, holding up sale process, very angry buyer:mad2:, very very worried seller:|.

 

The last letter I had from Capital One was dated 19/11/2008 which stated:

 

"I am writing to inform you that Capital One has sold your account to Robinson Way. This means that Capital One no longer own your account and all future contact about your account should now be with Robinson Way. "

 

With the above in mind, I'm assuming that you still SAR the original creditor, i.e Capital One Bank?

 

I understand that I need POC, T&Cs, original agreement etc., but with the process so far gone and out in the open, would it not be quicker to ring the creditor or solicitor and ask for the justification?

 

Regards,

 

Borris

[BRIGADIER2JCS]

Hi a SAR always goes to the original creditor.

 

A SAR is unlikely to produce a copy of the agreement as there is no obligation on the creditor to provide it as it'scovered by section 77/78 of the Consumer Credit Act 1974.

[Borris the Bold]

Thanks Brigadier for getting back to me. So, at least I can discount the creditor.

 

I was just thinking, I could ask the county court to release information regarding the CCJ, that's if they offer such a service.

[BRIGADIER2JCS]

Yes you can, do you have the claim number?

[Borris the Bold]

Yes i have the details on the final charging order document. I just need to know where it says statutory interest is applied. Does the judge permit it at the time based on what is presented to him by the creditor through the agreement or T&Cs?

[BRIGADIER2JCS]

All the details will be on the judgement order, the court should be able to supply it.