Black Horse debt, lowells & a default issue

[dx100uk]

sar ack's a debt , no it doesn't!!

 

its your legal right

 

dx

[Cabaye]

sar ack's a debt , no it doesn't!!

 

its your legal right

 

dx

 

They said a SAR was fine, but a CCA could be seen as acknowledgement...

[BRIGADIER2JCS]

A lawful request for information under CCA 1974 DOES NOT ACKNOWLEDGE AT DEBT AT ANY TIME, the advice is flawed.

[Cabaye]

Yeah, it didn't sound right to me really. But will I still get most of the information I need with the SAR anyway?

[Peterbard]

What was the situation when you returned the car was it a voluntary surrender of the vehicle or was it a voluntary termination, it can make a difference.

 

In a VS you would be due to pay all sums payable under the contract , less the resale of the car less any early settlement rebate as per the act.

In a VT you would only be due to pay 50% of the total contractual figure plus any arrears.

 

If the car was re-possessed for arrears it would have been automatically a VS.

 

Which option would have been better for you depends on the value of the car on return, the amount of deposit paid and the length of time you had the vehicle. From what you say it sounds to me like they have done a VS.

 

In either case any SB would start to run from when the vehicle was returned, as that is usually the date the agreement is terminated.

 

National debtline are correct in advising caution when using a CCA request as you are acknowledging the contract, whether this can be seen as acknowledging the debt or not is a matter for a court to decide, better not to give them the chance if you do not need to. The SAR however acknowledges nothing it just requires them to provide all data linked to the data subject.