Eversheds Letter

10past6

Hi dolly

You're disputing you owe the debt, therefore no reason for you to pay it, sit tight and wait to see what your SAR turns up.

If they fail to produce information pertaining to your SAR request, AFTER the 40 days have expired, you must report them to the Information Commissioners Office.

Have you issued a telephone & doorstep harassment letter?

dollydo

Hi 10past6

Thanks for response. We have sent the stop calling us letter, but today we have received a letter from Evershed entitled.:

SAR request.

Please find attached the detailed history of the above account. If you require any further info, then please do not hesitate to call us.

They have sent us documentation of all the calls they have made to us and all the letters they have sent us and notes of our response. It doesn't show anything about where the debt came from only that it was received by them on 21st April. There is no proof of debt anywhere and no CCA.

Is this what they were supposed to send us. I though we would get statements or some proof that we owed money, not a record of our phone conversations and letter codes that they have sent us.

Are they trying to pull the wool over our eyes? Please HELP !!!!!

Is there anything else we can do or do we have to pay this?

Thanks

Tozer

dollydo wrote: »

Hi 10past6

Thanks for response. We have sent the stop calling us letter, but today we have received a letter from Evershed entitled.:

SAR request.

Please find attached the detailed history of the above account. If you require any further info, then please do not hesitate to call us.

They have sent us documentation of all the calls they have made to us and all the letters they have sent us and notes of our response. It doesn't show anything about where the debt came from only that it was received by them on 21st April. There is no proof of debt anywhere and no CCA.

Is this what they were supposed to send us. I though we would get statements or some proof that we owed money, not a record of our phone conversations and letter codes that they have sent us.

Are they trying to pull the wool over our eyes? Please HELP !!!!!

Is there anything else we can do or do we have to pay this?

Thanks

If you sent an SAR to the law firm, then they have provided the information THEY hold on you.

dollydo

Hi Tozer,

Shouldn't the SAR request cover the CCA and their right to collect the debt. We have spoken to MBNA and they say our account is closed.

I was under the impression that Eversheds who are working as a DCA had to supply this information. Am I wrong....HELP

10past6

Tozer wrote: »

you sent an SAR to the law firm

They are acting under instructions from the creditor, therefore they MUST pass the request on to there clients i.e the creditor:

Section 175 of the CCA 1974:

175 Duty of persons deemed to be agents

Where under this Act a person is deemed to receive a notice or payment as agent of the creditor or owner under a regulated agreement, he shall be deemed to be under a contractual duty to the creditor or owner to transmit the notice, or remit the payment, to him forthwith.

Therefore the law firm responsible for actioning the request.