CPR 31.16 Subject access request?

[angryandy]

Hi guys

 

Need a bit of help here please.

 

Have sent for a copy of a cca off the Halifax and got the usual reconstituted agreement (no signature).

 

I was now wondering how to go about getting the original agreement, the CPR 31.16 way (don't know if court proceedings have to be in to get this) or the subject access request way.

 

If it is the latter, do they have to send a copy of the original agreement in original format with this nrequest or will they try fob me off with another reconstituted agreement again.

 

Thanks for reading and hopefully helping

[angryandy]

Ps they have sent me a default notice which i recieved today.

[Abby25]

Hi there,

 

Just wanted to give you the benefit of my experience with CPR request...

 

I CCA'd Mint (RBS), who sent me a generic copy of what the agreement that I would have signed, would have looked like .. !!

 

So I then sent them a CPR31.16 request, which is sent on the basis that you are asking them to provide a copy of your actual agreement, so that you may judge whether you wish to effect court proceedings.

 

Mint in response to this admitted that "due to the passage of time" they were unable to locate any agreement...

 

Some people may say you have to be pursuing or intend to issue court proceedings to sent a CPR request, but thats why you issue a CPR request, to judge from the evidence/info provided whether there would be any merit in you pursuing the matter through the Courts.

 

All I can say is my CPR request (which doesn't require a fee), rattled their cage enough for them to admit they had no agreement, and subsequently that they had no legal grounds for collection.

 

So job done I'd say ....

 

Send one, you've nothing to lose but the price of a stamp and recorded delivery....!!

 

Abs x:)

[angryandy]

Thanks for that.

 

I thought a CPR request cost a tenner postal order.

 

Is their any letter i could send to them or just make my own one up.

 

Again any help appreciated greatly

[angry cat]

CPR Part 31.16 should be used prior to the commencement of proceedings.

And not an alternative to making a SAR.

 

Pre-action court protocol 4.6© may be of benefit.

[angry cat]

Thanks for that.

 

I thought a CPR request cost a tenner postal order.

 

Is their any letter i could send to them or just make my own one up.

 

Again any help appreciated greatly

 

The very first step that anyone should take is, to make a SAR. The statutory fee payable is £10.

 

A SAR falls under the Data Protection Act 1998 and is totally different to that of the Civil Procedure Rule(s) Part 31.

[angryandy]

The very first step that anyone should take is, to make a SAR. The statutory fee payable is £10.

 

A SAR falls under the Data Protection Act 1998 and is totally different to that of the Civil Procedure Rule(s) Part 31.

 

Thanks for this. Would they have to send me an original copy of my cca with this request?

[Abby25]

Hi Andy,

 

Was about to post up a copy of the CPR request .. but on second thoughts .. looks as though you better not use it ...!!!

 

The advice to use the CPR route was given to me in my own thread where I was getting now where with Mint, and as I say it worked for me, in that Mint admitted following the CPR that they had sent a generic agreement, as they didn't hold any agreement at all for me.

 

Check out my Mint thread have a look and see if any of it helps ...

 

Good luck ... there's lots of advice and help on here ....

[angry cat]

Hi guys

 

Need a bit of help here please.

 

Have sent for a copy of a cca off the Halifax and got the usual reconstituted agreement (no signature).

 

I was now wondering how to go about getting the original agreement, the CPR 31.16 way (don't know if court proceedings have to be in to get this) or the subject access request way.

 

If it is the latter, do they have to send a copy of the original agreement in original format with this nrequest or will they try fob me off with another reconstituted agreement again.

 

Thanks for reading and hopefully helping

 

Going back to your original post, if you have made a CCA request but all that has been provided to you is a conjectured reconstruction/reconstituted agreement. One must assume that the creditor cannot provide a true copy of the original agreement.

 

You could make a FULL SAR requesting all historical data relating to the account, including a true executed copy of the alleged credit agreement. Together with the inception terms and conditions of that agreement.

 

A SAR can be extremely helpful; the stat. fee payable is £10 only.

 

After, these steps have been followed one could use either:

CPR Pre-Action Protocol 4.6© or;

CPR Part 31.16 to obtain disclosure of the documents required.

 

Please be reminded that, many creditors attempt to block 31.16 disclosure requests and then, the only way to obtain dsiclosure is to take the creditor to court to obtain disclosure.

[angryandy]

Thanks Angrycat.

 

Will send off a subject access request tomorrow.

 

One more point though, i am not that desperate to find if they have an original agreement, it is just that they are threatening me with court action or a third party agency to collect the debt.

 

They are trying (i think) to call my bluff and get me to pay without actually sending me an original agreement.

 

Thanks again

[angry cat]

Well, that is their objective; to frighten you into making a payment!

 

Make your SAR;

send it recorded delivery;

mark the postal order: 'SAR Statutory Fee Only';

keep copies of the SAR request letter and the postal order (as marked).

 

Upon receipt of ALL the information that you will have requested under your SAR, you will then be able to make a decision about your next step.

 

Good Luck.