SAR OTT or a good idea?

[OneStepLeft]

A week ago last Friday I sent a CCA request to my bank regarding a default I that has been sold to a DCA (had verbal confirmation of this from bank).

 

In this instance, I am trying to have the default removed rather than claiming ignorance to the debt, because I actually can claim ignorance to the default ever being posted.

 

Because the debt is an overdraft (I did not "default" in the traditional sense, simply had not paid anything in for a while - I never went over the agreed limit) and not a normal credit agreement there is some question about how much of my request they need to adhere.

 

However, all that aside, should I send a S.A.R - (Subject Access Request) request now to see where the extra £55 of charges have come from, or should I wait to see if they reply, and do I have the same rights if there is non-compliance as I do with a CCA. Also, considering the DCA situation, am I pursuing the correct people? To reiterate, I do not dispute the debt, and intend to pay the DCA - my mission here is to remove the default.

 

Thanks for any/all responses.

[KHMcBey]

As regards to the SAR - they have 40 days to comply with it and send you your information. After that you can complain to the IC, but they don't seem to be doing much about it. If they don't comply, threaten them with court action to force them to disclose your details.

 

Are you asking if you can have them remove the default even though it was on a current account? I would say yes, especially if said default was result of bank adding on charges to account which made it go overlimit. They still have to tell you whether debt has been sold, makes no difference what kind of account it is. That's your right under the DPA.

 

Have you sent off a request for the CCA to the collection agency?

[OneStepLeft]

Are you asking if you can have them remove the default even though it was on a current account? I would say yes, especially if said default was result of bank adding on charges to account which made it go overlimit. They still have to tell you whether debt has been sold, makes no difference what kind of account it is. That's your right under the Data Protection Act.

 

I wasn't asking that specifically, but the information is appreciated all the same . As far as I am aware the default was made because they allegedly contacted me to make a full payment to remove the overdraft (it was a student one). I did not go over my limit so there were no bank charges, or at least there should not be.

 

Have you sent off a request for the CCA to the collection agency?

 

No, I sent one to the bank. Finding out that the debt was sold to the DCA and sending the letter to the bank both happened around the same time so I sent the letter to the bank. I sent pretty much the first one here (it also asked for deed of assignation so that seems right) - Remove Default Notices on a Credit File - We show you how.

 

It is the bank who have added the default not the DCA so that is why I have written to the DCA. I do not think sending a CCA to the DCA would help as I am not disputing the debt. Once I get a response back and the matter is closed (however I fare) I will pay the DCA. The default is marked like the below (assuming the Satisfied is because the DCA bought it, and for a reduced rate):

 

Account type: Current Account

Special Instruction Indicator: Partial Settlement

Default Balance: £800

Overdraft Balance: Satisfied

Status History:

(brackets indicate most recent status) [8]

 

I wonder if I can find out how much it was sold for?

[OneStepLeft]

Any thoughts?

 

Coming up to 12 days now, although I gave them 14 in the letter.

[KHMcBey]

I'm not sure about finding out how much it was sold for - although it would be verrrry interesting. According to another poster on another thread they only pay about 2 - 10% of the debt. Don't know if that's true or not!

[IIIUMINATI]

Any one got athread for Amex cards Roxbury

[OneStepLeft]

Any one got athread for Amex cards Roxbury

 

I beg your pardon?