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  • Thank you so much Warwick65 I will follow your advice.

    I haven't sent SAR request to Aqua so far. I will do it tomorrow first time in the morning. Is there any specific template that I should use? Is GDPR one good? I have no idea what are DN and NOA and how should I add in request?

    What do you mean by copy MC in CCA request? To send 2 request one to Cabot and one to MC?

    Sorry if my questions are silly.

    Comment


    • DN=Default notice
      NOA=Notice of assignment.

      Use the GDPR request and add a line ' to include.... , :

      Send the cca request to cabot with the fee and then write to MC 'Please find enclosed a copy of the Cca request sent to your client on xxxxxc'

      Comment


      • Thanks again Warwick65

        Is this the correct Aqua address to request SAR/GDPR?

        aqua Customer Services
        PO BOX 173
        Sheffield
        S98 1JW

        Comment


        • I think you need to address it to The Data Controller, rather than the customer services donkeys.

          Comment


          • Thanks Still Waving . Who is The Data Controller? Aqua or Cabot? Do you know the address?

            Comment


            • Originally posted by Caesar View Post
              Thanks Still Waving . Who is The Data Controller? Aqua or Cabot? Do you know the address?
              The Data Controller at Aqua !! Use the address you mentioned.

              Comment


              • Originally posted by Caesar View Post
                11. Uncle Buck payday loan
                • Type of account (payday loan)
                • Date commenced (2016)
                • Approx balance £500
                • Date last paid (2016)
                • Arrangement: not paying
                • Status (default)
                • Account owner (Asset Collections and Investigations)

                15.06.2018 Email from Uncle Buck that they have assigned my account to Asset Collections and Investigations. Now I have 2 accounts with Asset.
                I had a payment plan with Uncle Buck which I stopped it when I complained to FOS. My complaint was rejected but I haven't restarted the payment?
                Thank you all for your help so far. Now another thing. Asset Collection started to push me regarding this new debt and keep sending me messages. A few days ago I was stupid and answer to phone number that I didn't know and it was ACI. I didn't answer to the security questions and told to that person that I will accept only letters from them, no more calls and messages. He insisted that if I don't start to make payments to that account they will go to court even they don't want to.

                What should I do? CCA request to Asset and SAR to Uncle Buck or wait a bit? Before selling the account, Uncle Buck offered me to settle at 50% of the amount. Is this helps me if I need to negotiate?

                Comment


                • Hi
                  Any offer UB made prior to sale will be irrelevant. What may be relevant , or at least help you negotiate is that Asset will have paid not a lot for the debt so if you wanted a quick turnaround and you had the money they may accept a lower amount .

                  However for now, I would be doing nothing

                  Did Uncle B send you a default notice before they sold the debt ?

                  Wait until you get something in writing form asset before you do anything, it is a way off court yet I suspect

                  Comment


                  • Thanks for reply Warwick65

                    UB have sent me only emails: ,,Further Notice of Sums in Arrears IMPORTANT - YOU SHOULD READ THIS CAREFULLY Served under section 86B of the Consumer Credit Act 1974'' and ,,Debt Purchase Transfer'' while Asset Collection is keep send me emails, messages, 2-3 letters at the beginning and now they started with phone calls.

                    Comment


                    • Originally posted by Warwick65 View Post
                      Hi
                      Have you sent a SAR /GDPR request to Aqua. If not do that tomorrow. Ask them to include all statements, DN, NOA, agreement etc. It may be the interest rate on your first statement is different to the 'agreement'

                      Then in a couple of weeks I would fillout the form denying the debt and asking MC for
                      The agreement
                      The Default notice
                      The Notice of assignment
                      The Deed of assignment

                      I would also send a fresh cca request to Cabot and copy MC in

                      But for these wait for 2 or 3 weeks.

                      That is what I would do
                      The only problem with asking for everything is that if they issue a claim they will already have all the information needed. If you don't request all documents, they may not be able to supply them within the legal time frames.
                      I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                      If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                      Comment


                      • Originally posted by cymruambyth View Post

                        The only problem with asking for everything is that if they issue a claim they will already have all the information needed. If you don't request all documents, they may not be able to supply them within the legal time frames.

                        I think Warwick's post referred to sending a SAR to the original creditor (Aqua) not the current owner (Cabot).

                        The idea being to see what information and documents may/may not be held by the original creditor to cross check for accuracy if the debt purchaser produces a recon etc., or to see the absence of documents.

                        Cabot would not necessarily have access to that information held by Aqua depending on the conditions in a sale agreement.

                        Di
                        Last edited by Joanna Connolly Solicitors; 13 September 2018, 15:42.

                        Comment


                        • Originally posted by Caesar View Post
                          1. Barclaycard - credit card
                          • Type of account (credit card)
                          • Date commenced (2015)
                          • Approx balance £4.000
                          • Date last paid (not sure, sometime in 2016, have to check)
                          • Not paying
                          • Status (default)
                          • Account owner (Link Financial)
                          November 2016 defaulted, called Barclaycard and agreed to make a £10 pay to the account starting from December 2016 but they sold the account to Link Financial. They sent me letter, mails and called me but no reply from me because I was scared. I sent them an email 2 month ago telling them that I am disputing the account with Barclaycard but no reply from them. Last letter receive from them was at the end of December 2017, Statement of Account and urged me to contact them to arrange a payment plan.
                          I've received a letter from Barclaycard that I will receive a refund. They have realized that they did not meet expected standards for assessing customers circumstances and they might not offered me the support for my financial situation.
                          They will not look further into my account and provide further deserved redress unless I contact them.
                          As my account has been transferred to Link Financial they have asked them to reduce my balance with them.

                          This explains why Link started to call me again last week. Btw, when I complained Barclaycard for irresponsible lending, they didn't bother to reply back and now they come with this.

                          Is this a trick from them to bond me with Link Financial? Can anyone give me an idea regarding this?

                          Comment


                          • Well this creates more questions than answers.
                            Let me explain.
                            It seems that Barclays are admitting that the True Debt was wrong!

                            Barclaycard issued a Default Notice (I presume) prior to closing and selling the Debt to Link (for pennies in the pound!)
                            Now are we to understand from their letter that the Default Notice (and any arrears notices ) were wrongly stated as to the debt?
                            It seems this IS the Case because they want to reduce the FACE value of the Debt with Link! That is send this money to Link!
                            Probably giving more money to Link than Link paid for the Debt!

                            If the Default Notice was wrong then the Debt as was sold was wrong etc. etc.

                            I should keep that letter very very safe!

                            Comment


                            • I suspect any balance reduction with link maybe via a buy back of some of the debt.

                              Roughly how much are they offering?
                              I do wonder if accepting the first offer is the right thing to do.

                              What is it they are refunding, penalty charges interest?

                              Maybe you could try to get them to refund all charges and interest leaving only what you spent-anything you have repaid.

                              Comment


                              • Thank you Roger and Warwick65

                                The amount is quite small, around £80, and this means refund for interest and and default fees, which were applied to my account during the period in which they may not have provided the service that they should have. Meantime, I've just received letter from Link with the new balance and they encouraged me to call and start a payment plan.

                                In one paragraph, Barclaycard said if I contact them on their helpline number, they may offer a payment for any distress and inconvenience. But only on my request I can receive compensation. Funny, right? Should I call them?

                                Roger I don't remember receiving any Default Notice from Barclaycard. They sold the account very fast. I agreed for a £10 payment per month and after one week they sold the account to Link. In that moment I was so scared and had no idea what will happen next.

                                When I applied for this credit card online, they approved me £1.500 limit. When I received the card, the limit was £3.500. So I withdraw £1.000 cash straight away to pay Wonga because in that period I was caught in a debt spiral. Take from one to pay another. Can I use this in my favor in future, or it doesn't matter?

                                Comment

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