OUSBA CCJ - CCA Contained in thread!

[benham3160]

Hello ladies and gentlemen,

 

In 2008 I received a CCJ from the Open Univeristy (or OUSBA, acting as the person factoring payment) for the sum of £500, just out of interest I recently made the following request to OUSBA:

 

Subject Access Request

Dear Sir/Madam

 

Account: Yxxxxxxxx5

 

Please supply me with all data that you hold on me. This includes in particular, but is not limited to, the following:-

 

1. The original signed, executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

3. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with ORIGINAL CREDITOR.

4. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

6. Details of any collection charges added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

7. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

8. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

9. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

10. Copies of statements for the entire duration of the credit agreement.

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply.

 

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

 

 

Yours faithfully,

 

 

xxx

 

The only two relevant pieces of paper they returned (on the 38th day) were:

(My name isn't Mr Benn by the way....)

 

Then:

 

 

Then two sheets of T&C's (no area to sign etc...) I can upload these if requested.

 

As I have specifically asked for a default notice and they have not supplied one (I do not remember receiving one either), looking online notices are always issued by OUSBA, not OU or their solicitors.

 

Is this CCA valid, and what do I do about the lack of default notice?

 

Regards,

Andy

[benham3160]

Just to add, the CCJ was settled 14 weeks after it was issued (well ahead of the proscribed payment schedule.)

 

Regards,

Andy

[dx100uk]

nothing really

 

the ccj nulls the need for any correct paperwork in terms of CCA

 

as for the default notice

ll they have to do is have a record it was sent.

 

so what are you trying to achieve here by the CCA?

 

dx

[benham3160]

Thank you for your reply dx.

 

I applied for the SAR simply out of interest, however I believed a CCA had to be valid for this to be used to support a CCJ, however clearly I am wrong!

 

I did however ask for proof of default notice being sent to me (or a copy of the notice) however this was not returned to me, only the CCA however was returned to me, I was only 19 I believe when the CCJ was issued, it's now stopping me (and my partner) from renting, I guess I was just wondering if there was a way I could get it removed

 

Many thanks for your help my friend,

 

Regards,

Andy

[NewToTheFight]

I believe that if the CCJ was settled within 28 days it should not be recorded on your file

[Ganymede]

I believe that if the CCJ was settled within 28 days it should not be recorded on your file

 

 

Correct but the OP said the CCJ was settled 14 weeks after it was awarded.

 

As far as I am aware a settled CCJ cannot be set aside. Might be wrong though...

[NewToTheFight]

Sorry Gany, I assumed that was a mistype by the OP

[Ganymede]

Sorry Gany, I assumed that was a mistype by the OP

 

It could well be. The OP needs to clarify I think.

[benham3160]

It could well be. The OP needs to clarify I think.

 

No typo I'm afraid, was given 24 months to pay by installments if I remember correctly but paid off ahead of time, guess that's kinda irrelevant though.

 

Regards,

Andy