Default Removal

bobstery

Hi Everyone,

I had a loan from 2006 which I defaulted on in 2010, the debt has been sold to a debt collection agency who are now pursuing.

I have sent a subject access request requesting the original default notice, the intention to file a default against me (both of which I dispute receiving from the original creditor) the original credit agreement and the terms and conditions.

I have had correspondence from the DCA and they have stated the following:

"In accordance with the Data Protection Act 1998" we are required to provide you with all the information we hold. As we do not hold a copy of the credit agreement and the terms and conditions, we would not obtain this as part of this request.

Please note we are unable to provide information regarding Payment Protection Insurance and any other Information prior to assignment date.

We trust this is satisfactory."

It isn't satisfactory, the only document I have received is the deed of assignment and a bunch of print screens from their system. Not being provided the credit agreement means I am unable to check to see if the debt is enforceable.

I was under the assumption that now the DCA is the controller of this debt/account they should provide me with what I have asked for?

Would anyone be able to help me to proceed with this matter please?

Thanks
Bob

fermi

You will need to SAR the original creditor if they still hold the documents.

It may not help you though as if they can show records on that they were sent then that may be enough, and besides it was only strongly recommended by the ICO that a NOI was sent, not always strictly 100% required.

bobstery

Hi, Thanks for your reply.

I will SAR the original creditor and see what they provide me.

I guess nothing gained if nothing tried.

Bob