Sar / cca

Stewart_78

I have a little time on my hands now and am considering doing a SAR on all my outstanding debts. Back in 2009/10 when it all blew up, I must have paid thousands in penalties etc. Most of them were £30 odd if I recall. So I want to see exactly what went on. I do have a lot of the paperwork myself but feel this might be easier and save my trying to fill in the gaps. I'm hoping to claw some of it back.

I understand that a SAR also should include the original CCA paperwork. I was going to CCA them anyway. So, is it the same thing? All my accounts are 1990's / early 2000s and way before 2007 and with lenders who have a reputation for not having the paperwork.

-taff

What exactly are you trying to claw back?

Are you looking to establish current debts as unenforceable?
Or are you trying to cliam back charges etc?

Lensman_2

My understanding is that the SAR and CCA requests are made under different legislation.

I have certainly read accounts of people not getting agreements in a SAR and that was the response when a compliant was made.

I can also confirm that no agreements were provided for 3 accounts when I did a SAR (although they failed on a CCA request for those too, so my experience isn't conclusive).

For the sake of £1, I would do both.

chanz4

£10 for a sar, dont forget accounts sb works both ways

Stewart_78

-taff wrote: »

What exactly are you trying to claw back?

Are you looking to establish current debts as unenforceable?
Or are you trying to cliam back charges etc?

Both really.

-taff

Unless you are currently in financial hardship, your complaint about bank charges is not likely to succeed unless there is a continuing pattern of you using your credit to pay for basic bills and staying in an overdraft to be able to do this.

If you are trying to complain about PPI, just fill in a complaint form if you have the account numbers.

If you are trying to make it unenforceable, you ask for the agreement.

happy_bunny_2

CCA request for unenforceability.

In theory, it should come with the SAR, but non of mine did. One had a placeholder for it in the TOC but none were provided. In any case, it has to be via the CCA route. I just SARd them out of interest.

Stewart_78

-taff wrote: »

Unless you are currently in financial hardship, your complaint about bank charges is not likely to succeed unless there is a continuing pattern of you using your credit to pay for basic bills and staying in an overdraft to be able to do this.

If you are trying to complain about PPI, just fill in a complaint form if you have the account numbers.

If you are trying to make it unenforceable, you ask for the agreement.

I was certainly in financial hardship when the charges happened. I don't have the cards any more and all the accounts are defaulted. Surely I can complain that the charges levied then were unfair.

Out of interest, say they agree, what would they do with the compensation? All the accounts have been sold on so I doubt they would credit the accounts.

-taff

If they did say you could have some compensation, they are entitled to credit it against any defaults or interest written off.

sunshineyday6

Hi-not sure how to start a thread here so will try and hope someone redirects me. I have at last received a response from a CCA from Creation ref a Selfridges card. I would like to email it but can't find how to do that either-sound a bit dim don't I?I can't see the interest rate etc on this and believe it isn't a true copy as they have misspellt my name and I would have spotted that. How do I upload this-although such a poor copy it may be difficult to read. What is my next step please as I don't think this is a true copy of the agreement-signed in September 1996-it is definitely my signature but looks a bit made up-can anyone help please.

sourcrates

sunshineyday6 wrote: »

Hi-not sure how to start a thread here so will try and hope someone redirects me. I have at last received a response from a CCA from Creation ref a Selfridges card. I would like to email it but can't find how to do that either-sound a bit dim don't I?I can't see the interest rate etc on this and believe it isn't a true copy as they have misspellt my name and I would have spotted that. How do I upload this-although such a poor copy it may be difficult to read. What is my next step please as I don't think this is a true copy of the agreement-signed in September 1996-it is definitely my signature but looks a bit made up-can anyone help please.

Hi, new users are unable to post attachments unfortunately.
So the agreement stems from 1996 yes ?, the correct response should be a true copy of the original, its a very contentious area of law, as to weather a reconstituted version will also suffice from that time, and ultimately only a court can decide this, however, creditors do back peddle if you can highlight deficiencies in the paperwork provided.
Write back and tell them a recon is not a suitable response to your request, and see what transpires.