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SAR or CCA?


carinas
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having issued my creditor with a SAR they have admitted they cannot supply me with details of the credit agreement or for the PPi.

 

Does this have the same consequences as not being able to supply for a CCA?

 

Does this mean that their debt now becomes unenforcable?

£914.00 unfair bank charges recovered from NatWest after 1st letter :)

 

£255.00 unfair bank charges recovered from RBS after 1st letter :)

 

Welcome Finance cannot supply original agreement, N1 issued for charges, PPI & interest total over £3k :cool:

 

Woolwich 2 defaults removed, 1 ccj removed. My credit file is now clean :D

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No. You need to do a CCA request as the relevant legislation does not count a SAR as the same. The company has 12 days to comply with a CCA request and then one calender month before they have commited an offence. There is no offence committed until you have made the CCA request.

HSBC

7th October 2006 - Prelim for £3078

24th October - LBA

7th November - Claim filed

11th November - Acknowledged with intent to defend

11th December - Defence filed

16th December 2006 - Offered full amount but no default removal. Rejection letter sent.

 

Halifax

7th October 2006 - Prelim for £3427

24th October - LBA

3rd November - Offered £913

3rd November - Accepted as partial payment

7th November - Claim issued

21st November - Acknowledged with intent to defend

11th December - Offered full amount but no late payment removal

4th January - SETTLED + removed adverse credit info

 

A & L

19th October - Prelim for £540

26th October - Offered £358

2nd November - Accepted as partial payment and LBA

27th November - SETTLED + removed adverse credit info

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You need to make sure that the "creditor" does actually own the debt and is

not just a debt collector for example. A data controller who does not fulfil the

sar requirements commits a criminal offence. In addition, if they cannot

produce the agreement under an sar, then it follows they cannot do it either

if served with a CCA request. So while the debt is not yet unenforceable,

it could be within the next couple of months by sending them a CCA request.

 

How much is the debt, and did you agree to the PPI at the start?

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the creditor is the original finance company and therefore do own the debt.

 

They failed to provide the credit agreement and the PPi agreement under a SAR, i have today sent them a CCA request. i specifically asked them for copies of these agreements when i chased up the sar, only to be told they had furnished me with all necessary documents to fulfill the SAR.

 

I agreed to the PPi originally as i was told no ppi no car.

 

The remaining debt with them is about £1500 but i am trying to claim back charges, PPi etc which total around £3000. I dont want the debt to be unenforceable so that i can get out of paying it, i am trying to see a way by which i can reclaim my fees, i admit to having the goods and will pay for them, but not the excessive fees etc.

£914.00 unfair bank charges recovered from NatWest after 1st letter :)

 

£255.00 unfair bank charges recovered from RBS after 1st letter :)

 

Welcome Finance cannot supply original agreement, N1 issued for charges, PPI & interest total over £3k :cool:

 

Woolwich 2 defaults removed, 1 ccj removed. My credit file is now clean :D

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