Search
  • Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

GDPR & CCA Requests

Collapse
Loading...
X
Collapse
  • Page of 1
  • Filter
  • Time
  • Show
Clear All
new posts
Previous Next
  • #1

    GDPR & CCA Requests

    Hi All,

    In a pickle and need to start sorting it out.
    Have number of credit card / loan accounts - was in a DMP with stepchange. But did not review in time so has finnished.
    Total debt is circa 90K - I know!!
    Anyhow all the debts are in default and have been sold to various DCA's
    question 1 - if I request a CCA - does that spike their interst?
    question 2 - given GDPR is it still required to send a cheque / postal order of £1 to get a copy of the info the DCA or original lender holds.

    Really need to get on with sorting this - a guy from resolvecall visited my home! so maybe getting serious.

    I get a lot of letters with "no teeth" so probably still burying my head a bit. As none seem to want to attemp to take me on as I owe so much to so many.

    I don't need your rants......... thanks in advance of your constructive thoughts

    Oh also in a bit of spot with payday loans - used to keep head above water.
    anyone got a template letter to get FCA involved as I was lending from 2 - 3 at a time.

    Cheers.
    Tags: None
  • #2
    We don't do rants.

    Resolvecall aren't serious so don't worry about that, they are just there to try and get you to contact whoever they're working for at the time. However it's probably done you a favour as it's kicked you into action start getting this sorted out.

    When did your DMP with step change end?
    Have any of your debts already gone to a County Court judgement?
    Do you own your own house?
    Are any of the debts secured?
    Did stepchange discuss with you any other options such as IVa or bankruptcy before putting you on a never-ending DMP?

    A subject access request is free and that should go to the original creditor To get the background details and dates of the day.

    The CCA requests require a £1 pound payment and they would go to the current owner of the debt e.g. Cabot / Lowell . And yes sending them can instigate further action and pressure if they've been quiet for awhile. How old are the debts ? Of course they won't be statute barred if you've been on the DMP however any started before 2007 might have issues with the agreements but any later ones are likely to have been applied for online and are easily reconstructed.

    Regarding the pay day loans presumedly you're considering complaining about affordability and for being able to take up multiple lines at a time and rolling them over? Have you had a read of debt camels excellent guide? I'll get a link for you.... here - https://debtcamel.co.uk/payday-loan-refunds/

    Once you've made your complaint to the lender it would go to the financial ombudsman service… Not the FCA, they are the regulators and don't deal with direct complaint themselves. They get all their data from the financial ombudsman service anyway.

    Also have you re-claimed any PPI that may have been attached to any of your accounts?
    #staysafestayhome

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

    Received a Court Claim? Read >>>>> First Steps

    Comment

    • #3
      Hi Amethyst,

      Really appreciate your response. Sorry about the "rant" thing. Guess I'm just in a corner and self defence mechanism kicked in! - can tell you guys are here to help.

      When did your DMP with step change end? Nov 2018 stopped payments.
      Have any of your debts already gone to a County Court judgement? No
      Do you own your own house? Yes (on the market) - aim is to downsize - use some equity to offer full & final settlements - but only if CCA is enforceable - be mortgage free and new property wholly in wifes name.
      Are any of the debts secured? No
      Did stepchange discuss with you any other options such as IVa or bankruptcy before putting you on a never-ending DMP? No IVA was not suitable as have BTL's that trying to off load - differnt story! one is now with receiver - to manage property as tennant fell behinf - so did I with mortgage. other one sale agreed - completion this week hopefully. Bankrupcy not discussed.

      Thanks will send SAR to original creditor first to gauge response. Some are pre 2007 some are not - can a reconstituted agreement stand up?
      Conscious of poking the hornets nest with CCA requests - not sure why they have not come at me more forcefully - is that they can see from my credit file I owe so much there chance of success is limited?

      Thanks for the link to debt camel. yes must be worth a try - they were lending to me one upon another as I was paying peter to pay paul then back to peter to pay paul again.

      Again thanks




      Comment

      • #4
        Hi Amethyst,

        about to send SAR's to original creditors.
        I appreciate the £1 fee for CCaArequeasts but would that not fall under the GDPR requiremeb=nts of 2018? to supply all info on fuile held even with the new" owners" of the debt?

        Woulg I be better to send SAR's to all to guage the info they have?

        thoughts

        And again thanks in advance

        Comment

        • #5
          If the debt is regulated by the Consumer Credit Act you will need to send £1.00 with the letter asking for a copy of the agreement under s77 or 78, if you request under GDPR you will not get the documents you need first, and further, you will not be afforded the statutory protections the Consumer Credit Act gives. Its important that you make both requests.

          And if you dont want Rants then dont annoy me MUWHAHAHAHAHAHAHAHA
          I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

          If you need to contact me please email me on Pt@roachpittis.co.uk .

          I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

          You can also follow my blog on consumer credit here.
          • 1 thank

          Comment

          • #6
            Hi PT,

            Thanks for the input very helpful.

            Cheers

            Also I have no intention of annoying you........................maybe on reflection should not have put that "rant" comment in the post! will learn.

            Thanks again

            Comment

            • #7
              Originally posted by Moomin View Post
              Hi PT,

              Thanks for the input very helpful.

              Cheers

              Also I have no intention of annoying you........................maybe on reflection should not have put that "rant" comment in the post! will learn.

              Thanks again
              youre very welcome, if you need anything else just holler
              I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

              If you need to contact me please email me on Pt@roachpittis.co.uk .

              I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

              You can also follow my blog on consumer credit here.

              Comment

              Previous Next

              View our Terms and Conditions

              LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

              If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


              If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.

              Announcement

              Collapse
              No announcement yet.

              Court Claim ?

              Guides and Letters
              Loading...



              Search and Compare fixed fee legal services and find a solicitor near you.

              Find a Law Firm


              Working...
              X