Compass debt company

[EXC]

Re: Compass debt company

I have a problem with a DCA called OPOS. They now have a debt originally from MINICREDIT which is around 5 years old. I hadn't heard anything from anyone for years now all of a sudden OPOS are now demanding £1800 from a £200 payday loan 5 years ago. Compass were dealing with this before they went *$%$ up. So I want to send a CCA and SAR to OPOS and Mini credit (if they are still trading)

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Also, while the CCA or SAR is being requested, am I right in thinking the DCA has to put the account on hold while dealing with this request?

I think they can still 'demand' payment, they just can't legally enforce it through the courts while the CCA request is pending. The SAR request doesn't change anything.

[charitynjw]

Re: Compass debt company

I have a problem with a DCA called OPOS. They now have a debt originally from MINICREDIT which is around 5 years old. I hadn't heard anything from anyone for years now all of a sudden OPOS are now demanding £1800 from a £200 payday loan 5 years ago. Compass were dealing with this before they went *$%$ up. So I want to send a CCA and SAR to OPOS and Mini credit (if they are still trading)

- - - Updated - - -

Also, while the CCA or SAR is being requested, am I right in thinking the DCA has to put the account on hold while dealing with this request?

[MENTION=6]Amethyst[/MENTION]

[aidierobbo]

Re: Compass debt company

I have a problem with a DCA called OPOS. They now have a debt originally from MINICREDIT which is around 5 years old. I hadn't heard anything from anyone for years now all of a sudden OPOS are now demanding £1800 from a £200 payday loan 5 years ago. Compass were dealing with this before they went *$%$ up. So I want to send a CCA and SAR to OPOS and Mini credit (if they are still trading)

- - - Updated - - -

Also, while the CCA or SAR is being requested, am I right in thinking the DCA has to put the account on hold while dealing with this request?

[Amethyst]

Re: Compass debt company

The CCA request would go to the current creditor ( usually the DCA that owns the debt )

The Subject Access Request - well, it depends what you want from it - if the debt has been with the same DCA for a few years then a SAR will get hold of all the information that DCA hold about you - so transaction lists from while the debt was with compass, possibly assignment notice, any calls/comms with Compass - etc.... OR..... If you want earlier stuff eg if you had a dispute about the debt originally, you want original account opening documents and so on then you'd send the SAR to the original creditor.

If you tell me what you are trying to get hold of / do then I'll happily give you a hand with the letters xxx

[aidierobbo]

Re: Compass debt company

Thanks for this.

Sorry but I think I am now more confused than I was before I asked the question lol.

So in a nut shell, I need to send both a CAA and a SAR in the same envelope with 2 cheques, one for £1 and one for £10? Then at least I have covered all basis.

Would you mind if you send a copy of a word document of both that I can just amend. I am not good with all the terminology etc

[charitynjw]

Re: Compass debt company

hi guys,

I am a bit confused. What is the difference between a CCA (Consumer Credit Aggreement) which costs £1 and a SAR (subject access request) which costs £10?

A CCA request is a formal request for a copy of the original credit agreement, if they do not supply it they are unable to enforce the debt through the court. they have 12+2 days to respond - however in reality if they don't respond in those 14 days they can still respond a few months down the line and enforce the debt. If they do supply the agreement it can then be looked at to ensure it is compliant with the Consumer Credit Act.

A SAR request is a request for copies of all information held about you by a company as is your entitlement under the Data Protection Act. So that would include transaction lists, agreements, screen notes, recorded calls and so on - basically anything relating to you as an individual. They have 40 days to respond to this request.

Also, an SAR would not necessarily obtain the T&C's, which are usually generic (though some firms 'personalise' them).

[Amethyst]

Re: Compass debt company

Now Consumer Credit Act - HUGE subject but very brief intro just to counter Nat Debtline's odd comment.

A CAA request is a formal legal request which must be complied with in order to enforce a consumer credit debt.

Vast majority of court cases on here are successfully defended (usually the claimants discontinue) on the basis of non compliance with the CCA request.

So for a loan - a loan is known as a FIXED SUM CREDIT agreement

77 Duty to give information to debtor under fixed-sum credit agreement.

(1)The creditor under a regulated agreement for fixed-sum credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of £1, shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—

(a)the total sum paid under the agreement by the debtor;
(b)the total sum which has become payable under the agreement by the debtor but remains unpaid, and the various amounts comprised in that total sum, with the date when each became due; and
(c)the total sum which is to become payable under the agreement by the debtor, and the various amounts comprised in that total sum, with the date, or mode of determining the date, when each becomes due.
(2)If the creditor possesses insufficient information to enable him to ascertain the amounts and dates mentioned in subsection (1)(c), he shall be taken to comply with that paragraph if his statement under subsection (1) gives the basis on which, under the regulated agreement, they would fall to be ascertained.
(3)Subsection (1) does not apply to—
(a)an agreement under which no sum is, or will or may become, payable by the debtor, or
(b)a request made less than one month after a previous request under that subsection relating to the same agreement was complied with.
(4)If the creditor under an agreement fails to comply with subsection (1)—

(a)he is not entitled, while the default continues, to enforce the agreement; F2. . .
(b)F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)This section does not apply to a non-commercial agreement.

( virtually the same for a credit card/catalogue - which is a RUNNING ACCOUNT credit agreement - see section 78 CCA 1974 secs 1 and 6 - http://www.legislation.gov.uk/ukpga/1974/39/section/78 )

CASE LAW..... http://legalbeagles.info/forums/show...aw-CCA-Banking ( It's not up to date so must go on my list of things to do )

Good things to read are PAUL TILLEY'S BLOG -> http://legalbeagles.info/forums/foru...-Tilley-s-Blog and the Concluded cases forum on here -> http://legalbeagles.info/forums/foru...oncluded-Cases ( also needs updating - I'm a bit behind on EVERYTHING lol sorry )

[Amethyst]

Re: Compass debt company

Okay very basic Subject Access Request.

[Your full address]
[Phone number]
[The date]

[Name and address of the organisation]
Dear Sir or Madam
Subject access request
[Your full name and address and any other details to help identify you and the information you want.]
Please supply all information about me held by your company as I am entitled to under the Data Protection Act 1998 relating to: [give specific details of the information you want, for example transaction lists, screen notes, recorded calls, any agreements, letters or policies held with your company....]
I enclose the maximum statutory fee of £10. If you need any further information from me to help you comply with my request please contact me on telephone / email / in writing at address etc.
It may be helpful for you to know that a request for information under the Data Protection Act 1998 should be responded to within 40 days.
If you do not normally deal with these requests, please pass this letter to your Data Protection Officer. If you need advice on dealing with this request, the Information Commissioner’s Office can assist you and can be contacted on 0303 123 1113 or at www.ico.org.uk
Yours faithfully
[Signature]
Print Name

Some other examples http://www.legalbeagles.info/forums/...ur-information

[Amethyst]

Re: Compass debt company

grrrr ( sorry) That is where Nat Debtline fall down.
You must do a CCA request and yes of course a CCA request stands up in court, I can't imagine WTF Nat Debtline are talking about there.
Do a SAR request to get hold of the information the company hold about you.
Do both, but definately do the CCA request.

I'll get SAR for you and some bits on the CCA.

[aidierobbo]

Re: Compass debt company

Hi,

Does any body have a copy of a SAR (subject access request) letter? I have just spoken with National debt line and they advice sending a SAR rather than a CCA as a CCA doesn't really hold up in court. A SAR is a request for ALL information including default notices, telephone calls etc as Amestyst states (cheers for that)

[aidierobbo]

Re: Compass debt company

So would you say send a SAR at the extra cost to cover all basis?

[Amethyst]

Re: Compass debt company

A CCA request is a formal request for a copy of the original credit agreement, if they do not supply it they are unable to enforce the debt through the court. they have 12+2 days to respond - however in reality if they don't respond in those 14 days they can still respond a few months down the line and enforce the debt. If they do supply the agreement it can then be looked at to ensure it is compliant with the Consumer Credit Act.

A SAR request is a request for copies of all information held about you by a company as is your entitlement under the Data Protection Act. So that would include transaction lists, agreements, screen notes, recorded calls and so on - basically anything relating to you as an individual. They have 40 days to respond to this request.

[aidierobbo]

Re: Compass debt company

hi guys,

I am a bit confused. What is the difference between a CCA (Consumer Credit Aggreement) which costs £1 and a SAR (subject access request) which costs £10?

[Goldragon]

Re: Compass debt company

Sent one on Sunday asking a few question as at the time didn't really understand what was going on but have heard nothing as of yet.

[taff_dragoness]

Re: Compass debt company

Hi all well just look at all this,funny to think this started on the 11 march wow and so much help and support . well as the 10 April will start my new plan with stepchange. And try and keep up with this but not the brightest but let me know if i can do anything have been telling people about this site and the facebook page. Still cant thank you all for the help and support.