SAR Returned with Postal Order

[Sweeney Todd]

Hi. I had a loan with Universal Credit that I took out in 1997. To summarise, I got into financial difficulties when my marriage broke up, the debt was transferred into Paragon. I had a dispute with Paragon over charges (they had agreed to freeze interest - naively I did this verbally and subsequently found that they hadn't and denied the arrangement). The loan was then sold to Arrow Global who have passed it to various DCAs, the latest of which were Fredrickson & Bryan Carter.

 

I sent a CCA request and got a copy of the agreement.

 

I then sent a SAR, which I addressed to Arrow Global, but c/o Fredricksons. Today I received this letter from Bryan Carter.

 

Any suggestions on

a. Do Fredricksons/Crter have an obligation to send on my SAR to Arrow?

b. Are they playing a game with me? If so, what are they trying to achieve?

b. What should I do now?

 

Many thanks,

Sweeney

Edited July 21, 2010 by cerberusalert

[Brigadier 1JCS]

Carter the clot again!! If they have returned it to the OC you could try for CCA

from them.

Is the debt statute barred?

[cerberusalert]

a. Do Fredricksons/Crter have an obligation to send on my Subject access request to Arrow?

No, you must send it to the Data Controller of the O/C.

 

Carters are no longer acting for the O/C.

[cerberusalert]

Image removed as you have left your name on.

[JonCris]

Be warned that if a debt is time barred & the borrower enters into any communication with the lender in which, as a matter of construction, he inadvertently acknowledges the debt (this could be interpreted as such by a CCA request or a SAR) the debtor extends the time for the lender to sue.

 

Therefore importantly all communication should be in writing and must be marked “Without Prejudice”.

Bradford & Bingley plc v Rashid 2006 1WLR.

Important note: Any payment made by, say, the Benefits Agency, even if not expressly authorised by the borrower, revives the right for the lender to sue by extending the limitation period from the time of said payment. Bradford & Bingley plc v Cutler 2008 EWCA Civ 74.

Edited July 22, 2010 by JonCris

[Deb T]

Be warned that if a debt is time barred & the borrower enters into any communication with the lender in which, as a matter of construction, he inadvertently acknowledges the debt (this could be interpreted as such by a CCA request or a SAR) the debtor extends the time for the lender to sue.

 

Therefore importantly all communication should be in writing and must be marked “Without Prejudice”.

Bradford & Bingley plc v Rashid 2006 1WLR.

 

Important note: Any payment made by, say, the Benefits Agency, even if not expressly authorised by the borrower, revives the right for the lender to sue. Bradford & Bingley plc v Cutler 2008 EWCA Civ 74.

 

I get it that asking for a copy of the original credit agreement 'might' be seen as an acknowledgement of debt, however if they can't supply it then how so?

 

But I don't see how making a subject access request is in anyway an acknowledgement of a debt, you're simply asking for all data a company has on you, you're not asking for a specific document etc.

[JonCris]

I get it that asking for a copy of the original credit agreement 'might' be seen as an acknowledgement of debt, however if they can't supply it then how so?

 

But I don't see how making a subject access request is in anyway an acknowledgement of a debt, you're simply asking for all data a company has on you, you're not asking for a specific document etc.

 

If the court construes that your SAR implies recognition of the debt time will be restarted. However to defeat such an argument mark ALL of your correspondence 'Without Prejudice"

[JonCris]

Also if they have admitted they don't have the agreement or you think it may be time barred the court will think what was the point of the SAR. There often comes a time when its best to let sleeping dogs lay

[Deb T]

I cannot see a court ever taking a subject access request as implying that the request is an implication of debt and whilst you've shown case law on a CCA you've not given one for a SAR's and neither I suspect will you be able to. The subject access request is made via the data protection act as opposed to a cca request being made under the consumer credit act.

 

As for without prejudice, I'm with you on using it but it should not be seen as an absolute defence simply because if a Judge is made aware of it he still may allow the documentation into court, it's down to him/her on the day.