SAR request - no credit agreement provided

[huskie]

Hi all

I'm battling with a CCA at the moment who keeps hounding me. I believe the debt is statue barred but they're listing an incorrect date on my credit file (2 years ago) and I've requested a SAR. They've responded by sending me a copy of my own SAR request along with a log of all calls made and all address links/traces. There is no credit agreement or any documentation for the original debt, who the originator actually is and what the original default value was.

Any ideas on how should I proceed?

Thanks
Huskie.

[SXGuy]

Re: SAR request - no credit agreement provided

Defaults on credit files are not a reflection of an account being statue barred. Creditors may take years before applying a default, long after you stopped paying.

If you are certain of the date you last made a payment, then this is what is used to prove SB status.

Or are you saying they have listed a payment marker from 2 years ago?

SAR's are not to be used (in my opinion) as establishing CCA's or lack of. It should be a proper and correct section 78 request. Because not only does it serve protection, and the possibility of telling a creditor or dca to get lost. Under a SAR they have no obligation to try and find enough to reconsitute one, nor do they have to inform you, of lack of any CCA in the first place.

My opinion on how to proceed is to either, send them the prove it letter, in the template section, or send a valid CCA Request and include £1 postal order. Then we can take it from there with the replies.

[huskie]

Re: SAR request - no credit agreement provided

Thanks SXGuy - is this the CCA template you recommend I use?

I'm fairly certain that no payments have been made on this account since October 2006 (originally with Welcome finance) but the default marker has been in place since Jan 2010 (actually 4 years, not 2!) but 3 years after actual default date.

[Leixlip1]

Re: SAR request - no credit agreement provided

I've used a SAR after a s78 request in the past just to re-inforce the lack thereof an enforceable CCA when that has proven to be the case. Result, (not simply crediting the SAR for this), was Barclaycard gave up arguing with me and moved the debt on after a few exchanges with various DCA's it became statute barred last. summer.

[Deepie]

Re: SAR request - no credit agreement provided

Hi all

I'm battling with a CCA at the moment who keeps hounding me. I believe the debt is statue barred
Any ideas on how should I proceed?

Thanks
Huskie.

I'm fairly certain that no payments have been made on this account since October 2006.

I'd send this if it were me ---> Statute Barred - England (6 years)
or this if you live in Scotland ---> Statute Barred - Scotland (5 years)

[Undercover Elsa]

Re: SAR request - no credit agreement provided

Hi Huskie,
The date it becomes Statute (not statue ) barred is generally 6 years (5 in Scotland) from the day after your first missed payment. Nothing to do with the CRA default date, as SXGuy says.
Did you send the SAR to the DCA? In that case all you would get from them is info they hold from when they took over the account. To get the original account data you need to send a SAR to the original creditor. Once you have cast iron proof that it's statute barred then you can write telling the DCA so, and to stop harrassing you...and take up the issue of the wayward default with the CRAs.

If the DCA is harassing you it won't harm to send them a CCA Request in the meantime, to give you breathing space to get the proper SAR. The correct template is here: http://www.all-about-debt.co.uk/old/...2-cca-requests

[Undercover Elsa]

Re: SAR request - no credit agreement provided

*Posts crossed

[Deepie]

Re: SAR request - no credit agreement provided

*Posts crossed

No Worries .....

[Never-In-Doubt]

Re: SAR request - no credit agreement provided

Hi all

I'm battling with a CCA at the moment who keeps hounding me. I believe the debt is statue barred but they're listing an incorrect date on my credit file (2 years ago) and I've requested a SAR. They've responded by sending me a copy of my own SAR request along with a log of all calls made and all address links/traces. There is no credit agreement or any documentation for the original debt, who the originator actually is and what the original default value was.

Any ideas on how should I proceed?

Thanks
Huskie.

To summarise;

Send the SB template as Deepie says here -> http://forums.all-about-debt.co.uk/s...l=1#post364313

Don't worry about the SAR as that should have gone to the Original Creditor (OC) as others have said. So if you think it's SB then send the relevant template to the DCA. However you'll have to wait for their reply prior to arguing any default issues so come back to us with an update when they respond to the SB letter.

[huskie]

Re: SAR request - no credit agreement provided

Thanks to everyone for their input on this. Quick question on the SB letter ...

It says the following:

Unless you can provide evidence of payment or written contact from me in the relevant period under Section 5 of the Limitation Act, I suggest that you are no longer able to take any action against me to recover the alleged amount claimed.

Am I correct in thinking that the SAR is not a form of 'written contact'?

[Deepie]

Re: SAR request - no credit agreement provided

Thanks to everyone for their input on this. Quick question on the SB letter ...

It says the following:



Am I correct in thinking that the SAR is not a form of 'written contact'?

You are correct in thinking that........

[SXGuy]

Re: SAR request - no credit agreement provided

Dont worry about written contact. It means writing an ackowledging the debt. I dont believe a SAR request acknowledges anything other than a request to obtain data held.

[ATW]

Re: SAR request - no credit agreement provided

Thanks to everyone for their input on this. Quick question on the SB letter ...

It says the following:



Am I correct in thinking that the SAR is not a form of 'written contact'?

I wouldnt worry about that. Send the SAR and also send a s78 CCA request. the SAR is a wider request and can throw up all sorts of useful information but it is nothing more than a request for documents. The s78 request is narrower but sets up a potential defence that can render the debt unenforceable if not complied with. I cant see any reaon why either request would affect the limitation date.

[ATW]

Re: SAR request - no credit agreement provided

Looks like we all posted at the same time saying the same thing. lol.

[Never-In-Doubt]

Re: SAR request - no credit agreement provided

So to clarify, forget the SAR for now.... No need to argue this just due to lack of CCA.