SAR request

pamril1

If your requesting a SAR for a debt passed to DCA. Who do you request it from the OC or DCA?

GeorgeUK

It would depend what you were wanting to know.

The SAR would make them send all information they hold on you. So if you send the SAR to the DCA, they would not be able to give you all your transactions for the last 6 years etc.

pamril1

It was for an alleged debt we have recently been made aware of. The dca are claiming a payment was made in 2002 they say there for its not statute barred but no mention of it on credit files or anything and definately no payment was made in 2002 (do not believe the debt to be our card and id fraud etc). Its an on going dispute that does not seem to be making any progress.
I shall sent a SAR to the original creditors and see what they have.
Thanks for replying GeorgeUK

GeorgeUK

If the debt is in dispute, then it shouldn't have been passed to a DCA by OC. This harrassment under OFT Debt collection guideline 2.6 (h)

Definately send the letter to the OC, but i would also send a copy of the letter to the DCA so that they are aware that the debt is in dispute. It can take 40 days for a response from a SAR so you will not want them on your back all that time.

pamril1

We never did have any contact/communication with the OC regarding this debt of over £2k so were unable to raise a dispute with them until now. The first correspondence came directly from the DCA and it wasn't even a notice of consignment it was a final demand threatening a charging order. The DCA even continued to harass after they received my dispute letter wanting us to call them (we never did). We were advised to send a statute barred letter which we did but they come back with payments were made 2002 which they cant have been and funnily enough the OC cant provide the DCA with proof of this (strange)
So hence the SAR at least we get all the info they supposedly have so we can deal with these organisations correctly. I just want it settling I have even contemplated paying just to have an end to it all.
Its all a bit of a nightmare really!!

setmefree

Go with a simple prove it letter, and remeber never sign any of your letters;)


Client Ref No
Your Ref. No.
Dear Sir/Madam

You have contacted me regarding the account with the above reference number, which you claim is owed by myself.

I would point out that I have no knowledge of any such debt being owed to (insert name here).

I am are familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

I would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

I would ask that no further contact be made concerning the above account unless you can provide evidence as to my liability for the debt in question.

I await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

I look forward to your reply.

Yours faithfully

pamril1

Thank you both for your help i've been feeling like I am banging my head against a wall with this.

setmefree

No worries just send that letter and we will take it from there, send it special delivery