SAR request - no credit agreement provided

[huskie]

Re: SAR request - no credit agreement provided

Hi All

Quick update ... CCA request was sent on the 15th Jan (signed for by someone at their offices on 17th). The £1 payment was included with the letter.

I received a reply last week basically along the lines of they were now looking further into my enquiry and would get back to me once they had more information.

In the CCA is the following paragraph:

So, in line with the OFT Guidance, and the Consumer Credit Act, please find attached my £1 payment, which is the statutory fee - note that these funds are not to be used for any other purpose. If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee and then remove the incorrect entry from your systems.

The statutory 12+2 days time limit for compliance is almost at an end and I still have no paperwork for this debt (and they've not had even had the decency to return my £1 fee!). Should I sit and wait and see what happens or send something else?

Many thanks again
Huskie.

[oscar]

Re: SAR request - no credit agreement provided

Should I sit and wait and see what happens or send something else?

Many thanks again
Huskie.

Sit and wait - no point in chasing them, the longer it takes the better. They cant do too much without that piece of paper (except annoy you)

[SXGuy]

Re: SAR request - no credit agreement provided

The time limit doesn't mean much in the whole, they can send you something whenever they like, however, after 12+2 days, it is unenforceable until they do supply something, and even then, what they supply may still be UE

[Pixie]

Re: SAR request - no credit agreement provided

It isn't unusual to have to wait longer than the 12+2 days. In fact, I would say it would be unusual to get a cca withing that time scale...I don't think I ever have!

[huskie]

Re: SAR request - no credit agreement provided

Another update!....

Had some documentation through yesterday:

Further to your recent communication, please find enclosed documents you have requested:

• Reconstituted credit agreement
• Statement of account

We request you contact us to discuss means of payment etc

They've then enclosed a letter from the original creditor (Welcome Finance) stating:

Thank you for your recent request under s77 of the CCA for a copy of the executed agreement and statement of account,

At the current time, we are only able to partially fulfill your request and are not able to provide you with a copy of your agreement

In the meantime, we can present the following information that is material to your agreement

[summary of original loan amounts, APR, duration etc]

We appreciate that we should be providing a copy of your agreement, I do apologise that we have not been able to fulfill this request.
However, the information above would have been clearly stated on your original agreement. I hope this information will suffice for your purposes.

Included is a statement of account including all charges applied and the final balance written off. The last credit received on the account was paid on 07/01/2007 and nothing has been acknowledged or paid since.
The final transaction on the account was 05/03/10 which is the date the debt was written off on Welcome Finance's books (and subsequently sold onto the DCA :MKDP?) - so presumably MKDP have taken this as their first default date when in actuality the correct date is around August 2007.

What steps do I need to take in order for MKDP to adjust the default date to reflect the accurate details (and get this debt correctly place in SB)? Send SB letter?

[Never-In-Doubt]

Re: SAR request - no credit agreement provided

Well done, it's SB - send this --> http://www.all-about-debt.co.uk/old/...ngland-6-years

[huskie]

Re: SAR request - no credit agreement provided

Thanks Niddy - my concern is that the DCA is stating the default date as 2010 - the date they bought the debt. If the debt is SB (as has been proved by the documentation provided by the original creditor), will the DCA be obliged to inform credit reference agencies and will I be able to have it removed from my credit file?

[DoTheyMeanMe]

Re: SAR request - no credit agreement provided

Congratulations on determining that the debt is Statute Barred.

Wiser heads will be along soon so I will just re-assure you that getting incorrect default dates changed (so they disappear from your credit reports) is possible, but can be a long slog. I have managed to get two removed.

It will not happen automatically because the debt is SB. The two are not directly related.

In my case it required a complaint to the CEO at RBS and the intervention of the 'Executive Team' at head office. It took best part of a year from my first complaint to the result.

As I said, wiser heads will be along to advise you. Good luck.