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Hi All,
Just a quick post to remind you that sending me documents to check, that were part of a SAR is something we don't do here on AAD. A SAR is nothing to do with what we do here, essentially we only ever recommend obtaining one if a claim is forthcoming. Reason why? There is no protection or defence if a claim is started and you have never done a formal s.77-79 request and sent the £1 fee.
The logic is simple, you must request the CCA formally first, and if they do not respond they are in default and cannot enforce - so it gives you an immediate defence against any claim. If you omit this and just send a SAR then you have no defence, how can you because a SAR is nothing to do with s.77 - s.79 of CCA.
So, please don't waste your time with SAR's unless the account is clearly SB and you are doing a reclaim of some sort or, if you're expecting / have received a claim. In either of these two situations we will advise you to send for SAR as standard.
If in doubt, send a CCA request first and if they do not respond then fine, do not stress - if you get hassle go into AAD+ and then find and send the CCA Outstanding template, to buy more time. Ultimately we're trying to achieve 6 years distance so the account goes Statute Barred.
We've seen a spike in emails requesting we check over documents that formed part of a SAR and we always refuse because those documents are quite irrelevant, for instance whose to say the lender gave a copy of everything to the new owner / dca (i.e. the dca may have UE docs yet the lender may have EN docs)? Point is you want it to be passed around a lot so things go missing, the last thing you'd do is request SAR so the lender has everything to hand and then says sod it we may as well copy in the DCA - ergo the debt suddenly becomes enforceable because the DCA now has a copy of everything.
Think before acting guys
Just a quick post to remind you that sending me documents to check, that were part of a SAR is something we don't do here on AAD. A SAR is nothing to do with what we do here, essentially we only ever recommend obtaining one if a claim is forthcoming. Reason why? There is no protection or defence if a claim is started and you have never done a formal s.77-79 request and sent the £1 fee.
The logic is simple, you must request the CCA formally first, and if they do not respond they are in default and cannot enforce - so it gives you an immediate defence against any claim. If you omit this and just send a SAR then you have no defence, how can you because a SAR is nothing to do with s.77 - s.79 of CCA.
So, please don't waste your time with SAR's unless the account is clearly SB and you are doing a reclaim of some sort or, if you're expecting / have received a claim. In either of these two situations we will advise you to send for SAR as standard.
If in doubt, send a CCA request first and if they do not respond then fine, do not stress - if you get hassle go into AAD+ and then find and send the CCA Outstanding template, to buy more time. Ultimately we're trying to achieve 6 years distance so the account goes Statute Barred.
We've seen a spike in emails requesting we check over documents that formed part of a SAR and we always refuse because those documents are quite irrelevant, for instance whose to say the lender gave a copy of everything to the new owner / dca (i.e. the dca may have UE docs yet the lender may have EN docs)? Point is you want it to be passed around a lot so things go missing, the last thing you'd do is request SAR so the lender has everything to hand and then says sod it we may as well copy in the DCA - ergo the debt suddenly becomes enforceable because the DCA now has a copy of everything.
Think before acting guys