I want to send an SAR Request. I have 3 questions Q1. Do I need an SAR? What will that achieve? All I want is for them to refund charges even though they only work out to a small amount, then when they cough up I want them to remove my default! I already have my statements! So will it not be a waste of £10? It was an ovedraft which they defaulted me on then sold debt to DCA. Q2. I am already in correspondance with DCA, Shall I just send SAR to them? Q3. Will the SAR show the original DEFAULT NOTICE? Do they have to produce Default notice or termination notice on overdraft account?

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Application form was the one I signed when I opened the account, so not a credit agreement. I don't even know if you get these for overdrafts, I don't think so. I never received a DEFAULT NOTICE! However Experian shows defaulted in 2006! Basically I don't care about the Credit agreement really, I only wanted to do that so they have troubl finding it then end up having to remove the default! However now that I feel they might say what the bank said, about it being an overdraft I just feel like its wasting so much time. I have my bank statements as capquest sent it to me! No they did not cash postal order as I never sent one to the them#1 Haha! But they have mentioned that in their letter that they are not bound to time frame of 12+2 on the basis that they did not get their poxy £1! I need to reclaim big time! Shall I reclaim interest that they kept on charging on my student account or is this not allowed?? Thanks so much xx

Silver thanks for replying.

Well I heard back from Halifax and Capquest... Halifax are saying it was a student overdraft not covered by CCA, So sorry but p off basically and deal with Capquest as the debt is now sold to them! Capquest sent me a mere application form! I disputed it but am still waiting for dear life... Shall I take it to court although I have no leg to stand on as CCA does not cover Overdrafts!

Did they come back to you with rubbish like, well it was a student account... not covered by CCA?

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Thanks for helping me, I made a payment in 2006! That is not my way forward, I thought of that myself.I have a statement stating my transactions from 2001- 2007 sent by Hlifax. My default is saying 2006 on Experian but the account still looks active till Dec, 2006?? If I claim charges, can i claim the interest theyve been charging me?? I was a student for christs sake.

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Thanks to all of you who have taken the time to try and help... I was a student just starting uni in 2001- I regret it now but then was young and opened a Bank account with Halifax. I dont even remeber asking for an overdraft but hey.. I basically have so many interest charges and Charges of £10. I honestly am finding it difficult to understand as I have so many interest charges of like 20, 16, 30 etc. I obviosly ended up in debt because of all the interest and charges! It was just stacking up... I have the statement to prove it! I was a student and tried to pay like £50 here and there but enough to stop the charges or interest obviously as I just could not get out of the red. The're saying they wrote to me, but I do not recall anything like that! They're saying they asked for payment but I did not reply. I did a credit search and found I was defaulted in 2006! The company name was CQ DCA Debt company so Experian said to call them and find out whats going on, I did that and they said I defaulted on a Halifax account! I sent a CCA Request to CAPQUEST and Halifax and Halifax came back to me saying that the debt is sold to Capqest- so speak to them, I then got another letter from Halifax saying that My debt is overdraft therefore not covered by CCA 1974. Q.1 Is there another way around getting my signed credit agreement without CCA 1974? Capquest sent me a copy of an application form, I rightfully sent them a disput letter, gave then 7 days to provide documents I requested. They came back saying that they have no record of postal order so they are not time bound to produce anything, but in the same letter they attached a bank statemet and another copy yet again of the application form which I know is not enforceable anyway! Q.2 What shall I do now, shall I send them another CCA with the £1 even though it's gonna come out sooner or later that it's not covered by CCA! Or shall I just test them anyway? Q3. So what rights do I have as a person, they were nasty and defaulted me, I never got any letters requesting monies owed, I did not even get a letter saying debt was being sold, I just got a default!!!! Q4. Shall I try and reclaim bank charges and risk getting more defaults in the process of being harrassed? Sorry I know this is so complex! Please guys help!!!! Thanks x

Scott, please be kind enough to help me! I am in similar position... I had a Halifax account opened in 2001, I then got charges and interest for somewhat going over over draft by £6 or so! Then I got loads of interest and charges then I was unable to afford getting out of the red because of them! They defaulted me and sold my debt in 2008!!! What is the best thing for me to do now as a CCA Request is not really the basis to go to court because CCA 1974 section 78 does not apply to me as it was a student overdraft!

Your Halifax account was clearly a student overdraft account, right? So was mine! They are not covered by CCA- So what do I do I still want it to go to court as I feel I was innocent and they just wanted all their money back just like that knowing I was a bloody student at Uni! The reason I went over the overdraft like you is beacuse of charges just like you!!!!! I really wanna go court!!!!

I had a student overdraft account, but these are not covered by CCA!!!!

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Hello, Thank you so much for replying, I am getting so scared and brain is going a little dead! So claim back charges from Bank not the Debt company they sold the debt to? Bank sold the debt to Capquest in 2008, I have not seen any deed of assignement! I just need so desperately my default remooved! It was an overdraft so not covered by CCA! But they have the cheek to put a default on my Credit File! Also going back to bank charges, will they keep my file on hold and stop hassling me on the basis that I re-claim bank charges? Thanks, Natlani