What's the worst thing that can happen! UE diary

[Deepie]

Re: What's the worst thing that can happen! UE diary

Do I reply to Link/IDR, who have supplied the CCA information to me, even though I originally wrote direct to MBNA on 24.04.2012.

MBNA only appointed Link/IDR on 27.04.12?

Last person to write to you........

[CharlieH]

Re: What's the worst thing that can happen! UE diary

Account four
MBNA

Type: Credit card

Start: 2002

Balance: £4100

Last 'full' payment: January 2012

Arrangement: No longer making minimum payments

Status: In arrears

Account owner: Link Financial Outsourcing

Key: Sent Received Updates


2012
April
23.04 CCA request template downloaded, letter wrote and copy letter placed in a MBNA binder.
24.04 CCA request sent to MBNA, by Royal Mail recorded delivery and with an unsigned postal order for £1.00.
May
08.05 Letter received from Link Financial Outsourcing Limited stating that on 27.04.12 MBNA assigned them the debt, and again on 27.04.12 they assigned the benefit of the debt to IDR Finance UK Limited. Do I therefore send the 'Account sold whilst in dispute' letter to IDR Finance?
09.05 Telephone call from IDR/Link. I have asked them to contact me by letter only. But they informed me that they are a 'telephone based company'. How unfortunate for them. I did tell them that they had been sold the debt whilst in dispute...
14.05 Second letter received from Link/IDR repeating their letter of 08.05 stating that on 27.04.12 MBNA assigned them the debt. Contact us to pay etc...
17.05 'Account in dispute' letter sent.
24.05 CCA application received today, with the origination date of September 1998, together with a letter from Link stating this fulfils their obligations under Section 77 or 78 of the Consumer Credit Act 2006. There is also a print out of all their current T&C's, together with a second copy of the CCA. I will email these straight away to Niddy.
27.05 CCA deemed unenforceable by Niddy
28.05 Missing Prescribed Terms letter sent to Link after Niddy declared the CCA 'unenforceable.'

[CharlieH]

Re: What's the worst thing that can happen! UE diary

Account four
MBNA

Type: Credit card

Start: 2002

Balance: £4100

Last 'full' payment: January 2012

Arrangement: No longer making minimum payments

Status: In arrears

Account owner: Link Financial Outsourcing

Key: Sent Received Updates


2012
April
23.04 CCA request template downloaded, letter wrote and copy letter placed in a MBNA binder.
24.04 CCA request sent to MBNA, by Royal Mail recorded delivery and with an unsigned postal order for £1.00.
May
08.05 Letter received from Link Financial Outsourcing Limited stating that on 27.04.12 MBNA assigned them the debt, and again on 27.04.12 they assigned the benefit of the debt to IDR Finance UK Limited. Do I therefore send the 'Account sold whilst in dispute' letter to IDR Finance?
09.05 Telephone call from IDR/Link. I have asked them to contact me by letter only. But they informed me that they are a 'telephone based company'. How unfortunate for them. I did tell them that they had been sold the debt whilst in dispute...
14.05 Second letter received from Link/IDR repeating their letter of 08.05 stating that on 27.04.12 MBNA assigned them the debt. Contact us to pay etc...
17.05 'Account in dispute' letter sent.
24.05 CCA application received today, with the origination date of September 1998, together with a letter from Link stating this fulfils their obligations under Section 77 or 78 of the Consumer Credit Act 2006. There is also a print out of all their current T&C's, together with a second copy of the CCA. I will email these straight away to Niddy.
27.05 CCA deemed unenforceable by Niddy
28.05 Missing Prescribed Terms letter sent to Link after Niddy declared the CCA 'unenforceable.'
30.05 Letterrecived from IDR/Link, stating the same content as per their letter dated 08.05. I will ignore, and presume it's just the level of their incompetence that I will have to get use to. I will await their correct response - if any - to my Missing Prescribed Terms letter sent on 28.05

[Pixie]

Re: What's the worst thing that can happen! UE diary

If I were you I would ignore the latest letter from IDR/Link as it has obviously crossed in the post with the missing prescribed terms letter you sent.

[Never-In-Doubt]

Re: What's the worst thing that can happen! UE diary

^^^^ I agree (with a wumman)

[Pixie]

Re: What's the worst thing that can happen! UE diary

^^^^ I agree (with a wumman)

[CharlieH]

Re: What's the worst thing that can happen! UE diary

Account one
Capital One

Type: Credit card

Start: 2002

Balance: £2700

Last 'full' payment: April 2012

Arrangement: £20.00 per month from July 2011

Status: Will default in May

Account owner: CapQuest Debt Recovery

Key: Sent Received Updates


2012
April
23.04 CCA request template downloaded, letter wrote and copy letter placed in a Capital One binder.
24.04 CCA request sent to Capital One, by Royal Mail recorded delivery and with an unsigned postal order for £1.00.
May
02.05 Letter received stating 'the signature on your letter does not match what we have on our records' (no s*** Sherlock, as it was a typeface!!) and they require a 'copy of a document showing my current signature, drivers licence or passport.' They have kept the £1.00 postal order...
02.05 CCA Request - Demand of Signature by Creditor letter sent.
19.05 Second letter of refusal to supply CCA due to lack of signature, as I have signed the letter electronically. This time they state 'under the Data Protection Act 1998 we are unable to investigate your account unless we receive a true signature to ensure we are satisfied with your identity' and 'we feel requesting for a copy of your true, current signature is a reasonable request. In addition, the 12 working day time frame begins after the date of receipt of a satisfactory request.'
21.05 Signature request - formal response, template letter posted.
08.06 Letter received from Capital One, after the formal response letter posted on 19.05. They still refuse to supply the CCA due to the 'electronic signature' and they will not process the request until they receive a copy of current signature.

[SXGuy]

Re: What's the worst thing that can happen! UE diary

Thats bollox, Cap one sent my CCA without even asking for a signature.

Dont let them trap you in to lifting your sig of the request and planting it on a recon!

Whatever they say, they do not need your sig, you have provided account details, your name and address. That is all they need.

There is nothing under CCA 1978 that says you are required to provide a signature.

If they are quite happy to write letters to you, send you statements etc, then they can not decide later that they dont believe you are who you say you are.

I think they would be treading on very thin ice if that was ever brought to a courts attention. Clear Set Aside in my opinion, others may have a different opinion.

[swanfan]

Re: What's the worst thing that can happen! UE diary

08.06 Letter received from Capital One, after the formal response letter posted on 19.05. They still refuse to supply the CCA due to the 'electronic signature' and they will not process the request until they receive a copy of current signature.

I would send this--> Our Templates | Unenforceability Templates | Final Response - Unenforceability (No CCA Received)

[Never-In-Doubt]

Re: What's the worst thing that can happen! UE diary

Account one
Capital One

Type: Credit card

Start: 2002

Balance: £2700

Last 'full' payment: April 2012

Arrangement: £20.00 per month from July 2011

Status: Will default in May

Account owner: CapQuest Debt Recovery

Key: Sent Received Updates


2012
April
23.04 CCA request template downloaded, letter wrote and copy letter placed in a Capital One binder.
24.04 CCA request sent to Capital One, by Royal Mail recorded delivery and with an unsigned postal order for £1.00.
May
02.05 Letter received stating 'the signature on your letter does not match what we have on our records' (no s*** Sherlock, as it was a typeface!!) and they require a 'copy of a document showing my current signature, drivers licence or passport.' They have kept the £1.00 postal order...
19.05 Second letter of refusal to supply CCA due to lack of signature, as I have signed the letter electronically. This time they state 'under the Data Protection Act 1998 we are unable to investigate your account unless we receive a true signature to ensure we are satisfied with your identity' and 'we feel requesting for a copy of your true, current signature is a reasonable request. In addition, the 12 working day time frame begins after the date of receipt of a satisfactory request.'
21.05 Signature request - formal response, template letter posted.
08.06 Letter received from Capital One, after the formal response letter posted on 19.05. They still refuse to supply the CCA due to the 'electronic signature' and they will not process the request until they receive a copy of current signature.

I would actually be sending the relevant letter which is this ---> Our Templates | Unenforceability Templates | Signature Request by Creditor/DCA

If you've sent that, follow up with this ---> Our Templates | Unenforceability Templates | Signature Request - Formal Response

Then and only then would you send this

I would send this--> Our Templates | Unenforceability Templates | Final Response - Unenforceability (No CCA Received)

Thanks Swanny

[CharlieH]

Re: What's the worst thing that can happen! UE diary

Thanks Niddy, but I have already sent the 'Signature Request by Creditor/DCA' and the 'Signature Request - Formal Response' letters.

[Never-In-Doubt]

Re: What's the worst thing that can happen! UE diary

Thanks Niddy, but I have already sent the 'Signature Request by Creditor/DCA' and the 'Signature Request - Formal Response' letters.

Ok, copy all the paperwork and send a formal complaint as follows....

---> Complaints about data protection policy - ICO


Pay attention to the following, which I posted earlier regards a similar query with SAR... ---> allaboutFORUMS - View Single Post - Reclaiming on accounts older than 6 years

---> Access to personal data


It's under DPA Principle 6 (access to personal data)

[CharlieH]

Re: What's the worst thing that can happen! UE diary

Will do.

But do I also send this to Capital One?

Quote:
Originally Posted by swanfan
I would send this--> Our Templates | Unenforceability Templates | Final Response - Unenforceability (No CCA Received)

Or ignore them and just write to the ICO?

[Never-In-Doubt]

Re: What's the worst thing that can happen! UE diary

Just ICO complaint for now - leave Crappy1.

[CharlieH]

Re: What's the worst thing that can happen! UE diary

Account three
Barclaycard

Type: Credit card

Start: 1995

Balance: £9400

Last 'full' payment: January 2012

Arrangement: No longer making minimum payments

Status: In arrears

Account owner: Mercers Debt Collections

Key: Sent Received Updates


2012
April
23.04 CCA request template downloaded, letter wrote and copy letter placed in a Barclaycard binder.
24.04 CCA request sent to Barclaycard, by Royal Mail recorded delivery and with an unsigned postal order for £1.00.
May
09.04 Letter received reference to Section 78 of the Consumer Credit Act 1974. States that due to circumstances beyond their control they no longer hold a copy of the executed agreement. Regulation 9 of the CNC Regulations confirms that, in these circumstances, for accounts opened before 19 May 1985 (such as mine) the copy agreement they provide may comprise an easily legible statement of the current terms of the agreement, and this will be sent shortly...
10.05 Letter received from Barclaycard with a couple of A4 print outs showing point 1 through to 28 of the terms and conditions of an agreement between us (Barclays) and me. This shows the 'easily legible current terms' they mentioned above on 09.04 regarding regulation 9 of the CNC regulations?
09.06 Letter received from Barclaycard, after stating that they do not have my CCA and they only need to supply an easily legible statement etc. as my account was opened before 19 May 1985 (Regulation 9 of the CNC Regulations, apparently?) the letter says 'We can confirm that we will not contact you by telephone or letter for non urgent reasons; however, should you fall into arrears we will contact by any means etc, etc, etc. This may include telephone calls, correspondence or a representative calling at your home address.