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Help!!! I`m Confused


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hi everyone please help i have sent sars to 4 banks for statement of charges (a couple are curr acc and rest are cc)

however on the sar i did not request copy of origional signed agreement or default notice should i of done this and will i have to send another sar request

was going to send cca requests as well but i been reading that they do not need to send origional signed copys due to a loophole and this has made me confused and do not know which way to go!

 

i have also sent 4 cca requests for agreement and/or deed of assignment from dca`s however will the same problem applie as in above ie copys not needing to be origional these four are cataloguesand will i have to sar the origional creditors

 

please help i must be thick their are so many threads

 

below are copys of sar request i made and then below that cca request please advise as to whether these were correct but remember my end goal is to see agreements/deed of assignments and default notices +charges

 

sar request

 

 

Dear Sir or Madam,

Re. Account number: #### #### #### ####

I am writing to request a fully comprehensive list of all the default charges for late payment, over limit charges, and any other relevant charges placed on the above account I have paid over the last six years.

Please find enclosed a cheque or postal order for the maximum statutory charge of £10. If you are unable to provide this data, I will accept a copy of my statements going back six years; I understand that statements on their own are not covered by the Data Protection Act 1998, yet I’m not requesting the statements per se, but the charges, which I’m entitled to by law.

If you store any of the older records on microfiche, please be aware that the Information Commissioner deems this to be a relevant filing system under the Act. As such, any microfiche data must be sent to me in fully legible and comprehensible form.

I look forward to your response within 40 days, as capital one is obliged to reply under the Data Protection Act. If not I shall seek remedy from the Information Commissioner.

Yours faithfully,

and the cca requests

Dear Sir,

 

Re: Agreement reference #########

I do not acknowledge ANY debt to your company.

 

I require you to supply the following documentation before I will correspond further on this matter.

 

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee.

 

2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

 

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

 

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

 

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

 

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

I hope to hear from you within the statutory time limit.

 

Yours faithfully,

 

 

 

please help ?:confused:

nationwide settled in full 7/06/2007

 

yorkshire bank settled in full 15/06/2007

 

capital one filed at court 06/06/2007 acknowledged 15/6 defence received 30/6 AQ sent 2/7 with application for summary judgement--hearing date 18 sept foe defence to be struck out

 

cahoot filed at court 25/06/2007 to acknowledge default judgement granted 27/06###won###settled in full

 

HBOS filed at court acknowledged 20/06/2007 default judgement granted 16th july so won

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nationwide settled in full 7/06/2007

 

yorkshire bank settled in full 15/06/2007

 

capital one filed at court 06/06/2007 acknowledged 15/6 defence received 30/6 AQ sent 2/7 with application for summary judgement--hearing date 18 sept foe defence to be struck out

 

cahoot filed at court 25/06/2007 to acknowledge default judgement granted 27/06###won###settled in full

 

HBOS filed at court acknowledged 20/06/2007 default judgement granted 16th july so won

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anyone please?

nationwide settled in full 7/06/2007

 

yorkshire bank settled in full 15/06/2007

 

capital one filed at court 06/06/2007 acknowledged 15/6 defence received 30/6 AQ sent 2/7 with application for summary judgement--hearing date 18 sept foe defence to be struck out

 

cahoot filed at court 25/06/2007 to acknowledge default judgement granted 27/06###won###settled in full

 

HBOS filed at court acknowledged 20/06/2007 default judgement granted 16th july so won

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