SAR / CCA request and who to?

[Sweeney Todd]

Hi. I had a loan with Universal Credit from the mid 90s.

 

This was then, apparently, assigned to Paragon. I had financial difficulties and spoke with Paragon. They agreed to reduced payments and to freeze the interest. Foolishly, I didn't get this in writing and Paragon continued to charge interest so the debt spiralled out of control.

 

When I disputed the point, they then assigned the debt to Arrow Global.

 

Various DCAs have worked on behalf of Arrow and I have informed them all that I dispute the debt.

 

Today I received a letter from Bryan Carter.

 

I am aware that Bryan Carter have a bad reputation and that i shouldn't ignore their letter. Their letter says that I need to pay the full balance in 14 days or they will recommend that proceeding be issued without further notice.

 

I want to make sure that I am on top of this and so can anyone advise whether I should send a CCA request or a SAR? And if so, who to? Arrow Global, the most recent DCA or Bryan Carter?

 

Many thanks for any advice.

Sweeney.

[cerberusalert]

Send a CCA to Carter.

[Hardupnotfedup]

SAR to original creditor and CCA to the latest people chasing money

[Sweeney Todd]

OK. I'll send the CCA to Carter today. Should I also send one to the latest DCA, Fredrickson International? And with regards to the SAR to the original creditor, this was Universl Credit who are no longer trading.

 

Should I send this to Arrow Global?

 

Thank you so much for your help

[cerberusalert]

Carter and Fred are the same chimps sat opposite each other.

 

it's their responsibility to provide the CCA if they're the latest ones with the begging bowl.

[Hardupnotfedup]

Carter is acting for fredricksons as a solicitor so just send to him, why no wait to see what you get back from Carter before doing SAR which will go to Arrow Global.

 

Sorry Cerbs Posts crossed again

[Sweeney Todd]

Thanks. I didn't realise that Fredricksons and Carter were one and the same.

 

You learn things all the time, don't you?

 

I'll send the CCA request today and wait to see what comes back.

 

Thanks, Cerberusalert and Hardupnotfedup.

[Sweeney Todd]

Well, the agreement arrived in the post.

 

 

 

Can anyone suggest what I should do next? Should I send the SAR to Fredrickson? If so, what information am I looking for? I doubt Paragon made notes that they were going to freeze the interest, regardless of what they had told me.

 

Any help gratefully received.

 

Many thanks

Sweeney.

[cerberusalert]

Is this a blank agreement that they sent you? Not that it matters because if it was signed at home it is missing the right to cancel as per CCCR 1983, see pages 4 & 5 of the pdf.

3. Consumer Credit (Cancellation...cuments) Regulations 1983..pdf

[Sweeney Todd]

Thanks for the very quick reply, Cerberusalert.

 

The agreement was filled in, but I erased all my personal information from it.

 

So, if I understand correctly, the fact that there is no box advising me of my cancellation rights does, in effect, make this agreement unenforceable?

 

That is awesome, if it does, because it means that I can actually get some control over the issue of how Paragon (who bought the debt from Universal) agreed to freeze interest after I fell into financial difficulties and then, years down the line, denied having this agreement and presented a statement with spiralling interest and late payment fees.

[Sweeney Todd]

Hi. Polite bump...

[cerberusalert]

So, if I understand correctly, the fact that there is no box advising me of my cancellation rights does, in effect, make this agreement unenforceable?

Yes.

[Sweeney Todd]

That's great news. I can finally get some control back. Thank you so much for your help.

[Sweeney Todd]

Sorry, one more question.

 

What would people suggest as my best tactic? Should I hold fire and wait for Carter to come after me, or should I write to advise that the agreement is unenforceable?

[cerberusalert]

Was there any PPI or life insurance on this?

 

Would it be possible to re-post the agreement but leave the figures in, we need a little more information as I have been told by another team member that due to a ruling in the Rankine v MBNA case the lack of the 'right to cancel' is now not enough on it's own to make the agreement unenforceable.

Edited June 16, 2010 by cerberusalert

[Sweeney Todd]

There was no PPI or Life Insurance on the agreement.

 

I will post the copy (inclusive of figures) back up this evening.

 

Once again, thank you so much for your help.

[Sweeney Todd]

OK. Here is the agreement with figures.

 

I don't believe I took any insurance, but my name was entered into the box for Life Insurance (not for Optional Payment Protection Plan) and the ringed key no at the top seems to indicate that I have taken life cover, but there is no premium listed anywhere on the agreement for this and condition 4 in the Ts & Cs seems to indicate that this is a free cover:

 

 

[Sweeney Todd]

Friendly bump...

[Sweeney Todd]

bump, please

[Sweeney Todd]

bump, anyone?

[Sweeney Todd]

bump... please?

[Sweeney Todd]

Sorry to keep bumping. Please could someone have a look at my agreement for me?

 

Many thanks,

Sweeney

[cerberusalert]

Have you received a Default Notice?

[Sweeney Todd]

Not that I remember. If I did, it was many, many months ago (certainly over a year ago), but even that far back I don't remember receiving one.

[cerberusalert]

These type of agreement aren't my forte I'm afraid but on the face of it, it looks enforceable.

 

You could send a SAR with a view to reclaiming unfair charges, also it should throw up information as to if and when a DN was issued + the comms log should show any conversations you've had with them and what the resolutions were.