SAR request, Acknowledging debt and Change of address questions

Crimsonrage242

Hopefully someone can help me with my many questions! (I am aware that some of questions might overlap with the reclaiming charges board)

a) I'm going to send a SAR request requesting a list of charges in the next few days. This debt was defaulted around two years ago. I haven't made a payment since defaulting (bad I know, moved house - not my choice as landlord was selling his house, struggling with money due to move and got into more debt because of it). How do I send a SAR request wihout acknowledging the debt? Do I simply just say "I do not acknowledge this alledged debt" or something? I've heard that you must sign the letter aswell, does that mean I acknowledge the debt if I sign it?

b) Is it worth me still not acknowledging the debt? The only correspondence I have sent to the Orignal Creditor is a CCA request last year which I remember saying that I did not acknowledge the debt and didn't sign it, and they then sent me a copy of my executed agreement, terms and conditions and my most recent statement (this is to my new address). As far as I am aware the agreement is valid (done a bit of research), it was one of those tick box online ones. I did also ask for my default notice letter which I never received.

c) I have written to the DCA about a year ago with my new address, they replied back that I needed to supply a copy of a utility bill or bank statement or something (I'm a bit vague about this, as I do not have the letter right in front of me, I need to go letter searching). Do I really need to supply this? I don't have any utility bills in my name. I have had only one letter from them since saying that "DCA2" has been assigned to my account on behalf of "DCA1" (this is in front of me). They haven't changed my address on any of the credit reference agancies, and nor have I received any other letters. I guess I'm a bit worried that they will apply for CCJ at my old address (I've looked at my credit report in the last month, nothing there for now).

I know I have been avoiding my debt for the last two years, but I do hope it get it paid off within the next 6 months. My plan is to reclaim charges (credit card) and then offer a full and final settlement once it has been reduced.

Many thanks in advance.

redpete

Crimsonrage242 wrote: »

a) I'm going to send a SAR request requesting a list of charges in the next few days. This debt was defaulted around two years ago. I haven't made a payment since defaulting (bad I know, moved house - not my choice as landlord was selling his house, struggling with money due to move and got into more debt because of it). How do I send a SAR request wihout acknowledging the debt? Do I simply just say "I do not acknowledge this alledged debt" or something?

[not based on knowledge of law or process...]

If you do not acknowledge the debt to be yours I would be surprised if the lender would be able to let you have details about the debt. If you are asking for those kind of details it would suggest to me that you consider the debt might be yours.

endora

redpete wrote: »

[not based on knowledge of law or process...]

If you do not acknowledge the debt to be yours I would be surprised if the lender would be able to let you have details about the debt. If you are asking for those kind of details it would suggest to me that you consider the debt might be yours.

A SAR is a request for all data held by a company about an individual, it is your right under the Data Protection Act to obtain such information. A SAR relates to a person, not an accoun,t and it doesn't just apply to debts. For example, you can send a SAR to your employer, the DWP, or a bank where you have accounts in credit; sending a Subject Access Request does not mean acknowledging any debt. You are merely requesting all data held by a company under your name and it is your legal right to do so and they are obliged to provide the information.

endora

Crimsonrage242 wrote: »

I've heard that you must sign the letter aswell, does that mean I acknowledge the debt if I sign it?

No, but you don't need to sign it using your real signature, just sign digitally, i.e. using a computer font in italics or a script or handwriting style font.

Crimsonrage242 wrote: »

b) Is it worth me still not acknowledging the debt?

Yes, if they haven't taken further action in the first two years it's less likely they will do so now.

Crimsonrage242 wrote: »

The only correspondence I have sent to the Orignal Creditor is a CCA request last year which I remember saying that I did not acknowledge the debt and didn't sign it, and they then sent me a copy of my executed agreement, terms and conditions and my most recent statement (this is to my new address). As far as I am aware the agreement is valid (done a bit of research), it was one of those tick box online ones. I did also ask for my default notice letter which I never received.

You should have received a DN at the time you defaulted. If I was you I wouldn't ask for it specifically at this point, if they ever decided to take this to court the fact that they didn't would definitely work in your favour

Crimsonrage242 wrote: »

c) I have written to the DCA about a year ago with my new address, they replied back that I needed to supply a copy of a utility bill or bank statement

Sendind a SAR to a DCA is a waste of time and money! They don't hold that information, they either buy debts in bulk with few details about each debt or are just acting as agents for the lender. Either way, the SAR should always go to the OC (the lender) which is the only one who could supply such information. You need to enclose a cheque or P.O. for £10.