Let the fun commence - 6 year journey starts here!

[MisterK]

To add to what SW has just said, in general silence is golden, yes, but CCA & SAR/GDPR requests will usually need to be sent at some stage and are often essential. Sending a SAR request to the OC after the debt has been sold on isn't going to be something the current debt owner would know about so that's not particularly a problem. It's your right to do that whenever you want to so I don't think you need worry too much about it. You can always do it again later on if there's a need to.

Otherwise you need to judge when is the right time to send these and that depends on the individual situation. There is also a difference of opinion about when you should do this, some people like to CCA and/or SAR early on in order to get the best handle on what they have on you, or just to fill in what you may not already know or have forgotten. There's a lot to be said for that as the more knowledge you have then the better placed you are to deal with it.

But there are also situations when you need to send an SAR at a later date in order to pick up correspondence between DCA's and OC's for example, which you obviously wouldn't have early on. It really depends on the individual case so I don't think there's a hard & fast rule about it. If you ask the forum for an individual situation you'd usually get some good input.

[Still Waving]

I think you should treat this on a case by case basis.

The first thing to say is that you would not normally send a SAR request (to the original creditor) until after it has been sold on. Even then I would not be rushing to SAR. One can usually hold off debt purchasers for some time by following the AAD advice, and it should only become necessary to SAR the original creditor when the threat of legal action by the new owners is getting serious, rather than vague threats of what they may do.

[Brusselsprout]

Hi all

Just a quick one regarding SAR requests... I am currently going the UE route on all of my debts, but I haven't sent a SAR to any of them yet. Do I need to do this? Would sending SAR requests go against me in some way if I am going UE? I thought silence was golden . Do i just wait until they start threatening etc...?

Basically, long story short: When is the time to send one?

Thanks
Brussel

[Brusselsprout]

No don’t make them aware of anything they don’t get right.

These will be conduct issues so if you ever end up in court (hopefully not!) they will reflect badly on them.

Just smile when it happens and file away the evidence.

Di

Thanks Di, will do...

I'll sit back and await their next moves

Cheers
Brussel

[Brusselsprout]

easily prove the payment was a regulatory requirement they would fail on that one, you kept copies did you not?

Hey Tech Clerk

Yes, i kept copies of the royal mail tracker receipts, and i have a copy of the letter i sent too...

No SAR sent yet, but will get on it

Thanks for your input

Brussel

[Joanna Connolly Solicitors]

they did not say it was unenforceable, just that they will put my account on hold until 15th July. Can i push back to them about this?

Also, the cheeky £1 postal order payment for my CCA was used as a payment which could affect my statute barred date right? Clearly a long way off that yet anyway but just something that crossed my mind...can i push back on this too?

No don’t make them aware of anything they don’t get right.

These will be conduct issues so if you ever end up in court (hopefully not!) they will reflect badly on them.

Just smile when it happens and file away the evidence.

Di

[The Tech Clerk]

did you send a SAR as told to?

[The Tech Clerk]

easily prove the payment was a regulatory requirement they would fail on that one, you kept copies did you not?

[Brusselsprout]

If they are unable to comply with your s77-79 CCA Request then they are supposed to write and tell you the debt is unenforceable. Did their letter say that?

It's in the FCA Handbook CONC 13.1.6 here > https://www.handbook.fca.org.uk/handbook/CONC/13/1.html

They've had a year to produce your credit agreement and/or reconstitute it and so far they haven't been able to.

Why not send a SAR to Nationwide so you can see with your own eyes what information and data they hold on you, and more importantly what information they haven't got. They must send you everything on file which should include both your overdraft and credit card account. That way you'll kill two birds with one stone

Di

Thanks for the input all...

Di - No they did not say it was unenforceable, just that they will put my account on hold until 15th July. Can i push back to them about this?

Also, the cheeky £1 postal order payment for my CCA was used as a payment which could affect my statute barred date right? Clearly a long way off that yet anyway but just something that crossed my mind...can i push back on this too?

Thanks for all your help.

Brussel

[Joanna Connolly Solicitors]

I finally received some info on my CCA request from Moorcroft/ Nationwide - which i made over a year ago! Basically they cannot provide it! But, they have provided me with loads of statements.

If they are unable to comply with your s77-79 CCA Request then they are supposed to write and tell you the debt is unenforceable. Did their letter say that?

It's in the FCA Handbook CONC 13.1.6 here > https://www.handbook.fca.org.uk/handbook/CONC/13/1.html

They've had a year to produce your credit agreement and/or reconstitute it and so far they haven't been able to.

Why not send a SAR to Nationwide so you can see with your own eyes what information and data they hold on you, and more importantly what information they haven't got. They must send you everything on file which should include both your overdraft and credit card account. That way you'll kill two birds with one stone

Di

[nightwatch]

As TTC says, they do need a valid CCA to go to court, they can still ask you to pay but you don't need to,
as for why they cannot reconstitute the CCA, they have to have the original to do so, as the original is needed for court.

They MAY find the CCA some time in the future but as long as you don't contact, or make a payment to them any time in the next 6 years (5 Scotland) or admit that the debt is yours in any way, It will become SB,

PS Nationwide don't have a CCA for my card either.

[The Tech Clerk]

no CCA then they could start proceedings but would need to supply at some stage, sure others will comment also, so do not be confused they are

[Brusselsprout]

Re: Let the fun commence - 6 year journey starts here!

DEBT #4

• Type of account: Nationwide Credit card
• Date commenced: September 2012
• Approx balance: £4,200
• Date last paid: last Full payment made via DMP in January 2017. Reduced payment in February. Missed payment in March.
• Are you on arrangement or not paying: Currently not paying
• Status Account: Defaulted August 2016
• Account owner : Nationwide

Sent a CCA early March 2017. No response from them. I understand this will no doubt be enforceable but just want to see what they send anyway
24th March 2017: CCA signed for at Nationwide.
25th April 2017: Still no response regarding CCA request.
May 12th 2017: Arrears letter received, and it appears to show that a partial payment of £1 has been made to the account in March. My CCA request standing order payment maybe!
19th June 2017: 'Demand for payment letter' received. 7 days to contact them or they may instruct external agency to collect.
3rd July 2017: Letter offering discount if i contact them within 7 days. Still no response to CCA request.
6th July 2017: Phone-call from Nationwide (could be for my loan or overdraft account, but didn't make it far enough to find out which one). A rather uppity fella who got all petulant when i said i wanted to communicate in writing only and said 'i must warn you, that we will pass this onto an external debt collector'.
12th July 2017: 'Final Notice' letter received. Contact within 7 days of letter or they will refer to Debt collection agency.
5th August 2017: Letter from Nationwide informing me that Moorcroft will be taking management of the account on their behalf. Still no CCA received.
8th August 2017: Call from Moorcroft. Ignored.
9th August 2017:Call from Moorcroft. Ignored.
10th August 2017: Moorcroft calling again. Left msg with family member to call them back!!!
17th August 2017: Letter from Moorcroft saying to contact them by 21st August or they will take further action, and MAY send someone to my address!
22nd August 2017: Harassment, and 'Don't send anyone to my door' letters sent to Moorcroft!
30th August 2017: Moorcroft letter acknowledging my request to communicate in letter, and they will honour that just as long as stay in contact with them through writing though. They have given me 30 days.
8th November 2017: Letter from Moorcroft asking me to get in touch or they MAY send somebody to my house.
26th November 2017: Monthly installment offer letter received from Moorcroft. Still no CCA received from original request in March!!
18th December 2017: Letter received from Moorcroft saying i have now been passed over to home division department
4th January 2018: I have sent another 'do not send anyone to my door' letter and a sold whilst in dispute letter to moorcroft
20th January 2018: Moorcroft send a response to my SWID letter stating that they are not the account owner, and are legally instructed to try and collect by Nationwide. They also say their client is fully entitled to collect this balance, but nothing about the fact that i have had no response to my CCA request! They also go on to tell me that they receive a lot of this 'template' letters, and they tell me this by sending a template letter of their own... the irony! They advise that the letter i sent contained incorrect information, and i should seek free legal advice instead! They are putting my account on hold for 30 days so that i can seek legal advice!
21st June 2018: Finally received some news from Moorcroft regarding my CCA request from over a year ago! They say Nationwide cannot provide this, but here is a list of statements instead from 2017 to 2018! Account on hold until 15th July 2018. They also mention my last payment to the account was my £1 postal order for the CCA request! Cheeky!

Morning all

I finally received some info on my CCA request from Moorcroft/ Nationwide - which i made over a year ago! Basically they cannot provide it! But, they have provided me with loads of statements. I am a bit confused (although not complaining) as to why they couldn't reconstitute this as it was a 2012 card? Also, does this basically mean that no court action can be taken on this now?

Thanks
Brussel

[Brusselsprout]

Link do seem to be pussy footing around here don't they! There has been contact with Barclaycard and Link to produce the CCA's and that activity would show on a SAR.

At some point a SAR on Barclaycard (covering both Debts) is likely to be needed. Probably legal advice/help so good filing and background detail will help at this point.

Also clarification on who the Current Creditor is within the Link Financial Group (that should show on the NOA, their Default Notice and their Statement of Account.)
Silence here and fact finding research is the order of the Day.

Thanks Roger

i am filing my letters away, and updating as i receive I wasn't aware there were other creditors within Link... i thought it was just Link i will have a check..

Thanks
Brussel

[Roger]

Link do seem to be pussy footing around here don't they! There has been contact with Barclaycard and Link to produce the CCA's and that activity would show on a SAR.

At some point a SAR on Barclaycard (covering both Debts) is likely to be needed. Probably legal advice/help so good filing and background detail will help at this point.

Also clarification on who the Current Creditor is within the Link Financial Group (that should show on the NOA, their Default Notice and their Statement of Account.)
Silence here and fact finding research is the order of the Day.