Bluemonday 3 Unenforceability Diary

[Bluemonday3]

A bit of an update.. I noticed that my credit file had been updated & the unsecured loan had been removed from my file. However I feel very aggrieved by this & that the fact that I am still being pursued for payments towards the loan arrears even though the court had set these over 10 years ago when the CCJ & the charging order was applied.
I spoke with the mortgage /loan provider today as the third complaint regarding the credit file & further payments still has not had a response and they had sent a confusing letter.
I was advised that the complaint has been upheld and I should receive a letter re this very soon.
£100 has been paid into my bank account, which I had not agreed to as compensation for the stress this has caused.
The advisor I spoke with was helpful, and she advised that I await the letter to come but offered I should seek independent legal advice, or advice from stepchange etc.
I offered that national debtline had said the same re the payment harassment & interest, as I was reminded again today that I am being charged a higher rate of interest because the loan account is in arrears.

I also sent off a SAR request but they have said I need to prove my identity first, with either a copy of my passport / driving licence and signature as they say some of the details they hold for me is out of date?
Is this usual please?

[Still Waving]

If Stepchange are anything like Payplan, any advice they give will be biased in favour of the creditors.

The creditors are happy to discuss you account with you over the phone, but aren't sure that you are you for the purposes of answering a SAR? Needs to be pointed out to them, with a threat of complaint to the ICO. They can't have it both ways.

[Bluemonday3]

I am loathe to ask step change anything as I feel they didn't offer the best advice in the first place. I have learned many lessons over the years but still panic about this one as it is linked to my mortgage.
National debtline were really helpful and advised me to pursue this.
They told me to request the SAR, but like I said they have sent a letter saying
'the personal details we hold for you are not accurate/up to date. For security & in order for us to confirm your identity we request that you please send proof of your identity/signature i.e. a certified copy of a current passport/driving license/National ID card to the above address.

Certified copies can only be accepted from a UK lawyer, banker, authorised financial intermediary, regulated mortgage broker, accountant, teacher, doctor, minister of religion, postmaster or sub postmaster. The certified must print their name, address, tel number, occupation & date * sign the document quoting 'this is a true copy of the original seen'.

To enable the request to be completed we will require a new request letter together wit the required verification as soon as possible.

I really did not expect this and cannot understand why they say 'the personal details we hole for you are not accurate or up to date'
This organisation are a nightmare to deal with and cause me endless amounts of stress.

[Still Waving]

It's a mortgage, so presumably you are at the same address. Has your name changed? If your name and address are the same as always, perhaps you should challenge them to specify what personal details are not accurate/up to date. Creditors have been known to use this ploy to obtain a copy of your signature, as they no longer have one in their records. This could be used to reconstitute an agreement, for example.

[Bluemonday3]

Hi, you are spot on.. it’s a mortgage paying for the house I am living in and have been for the past 25 years, I have never been married or changed my name, even my landline number & mobile have been the same for more years than I can remember!
they are saying they won’t provide me with information requested with further proof so do I have grounds to complain or is my back against the wall? Any advice as always is very much appreciated

[Pat]

Certified copies can only be accepted from a UK lawyer, banker, authorised financial intermediary, regulated mortgage broker, accountant, teacher, doctor, minister of religion, postmaster or sub postmaster.

oh the irony. Teachers have been deskilled and their jobs routinised while sub post office owners have been vilified and criminalised by a broken system.

[Still Waving]

oh the irony. Teachers have been deskilled and their jobs routinised while sub post office owners have been vilified and criminalised by a broken system.

Teachers and doctors are virtually on strike, and ministers of religion (their leaders, at least) seem to have embraced the dark side. And who trusts bankers any more?

[Timewilltell]

I think I would be inclined to ask why they are prepared to deal with me and the account via a telephone call but not via written request, I would even go as far as to put the answers to the security questions they ask on telephone in the letter, I would also point out that you have remained in the same house for the entire duration etc. I would then suggest that if they are not prepared to release the details that you will be raising a complaint with ICO.
Alternatively if they are happy to deal with you on the telephone then do a telephone request for a SAR?

[Still Waving]

I think I would be inclined to ask why they are prepared to deal with me and the account via a telephone call but not via written request, I would even go as far as to put the answers to the security questions they ask on telephone in the letter, I would also point out that you have remained in the same house for the entire duration etc. I would then suggest that if they are not prepared to release the details that you will be raising a complaint with ICO.
Alternatively if they are happy to deal with you on the telephone then do a telephone request for a SAR?

Indeed. They have been writing to the OP with personal details about the account, and even say they have paid £100 into their bank account. If they were not sure of the OP's identity they were in contravention of the Data Protection Act. If they were so concerned that they were corresponding with the correct person, why have they taken so long to raise this? They are too late to hide behind the Act now. This should call for a complaint to the ICO, if they will not play nicely.

[Pat]

Teachers and doctors are virtually on strike, and ministers of religion (their leaders, at least) seem to have embraced the dark side. And who trusts bankers any more?

without wanting to sidetrack the discussion, I have rarely heard such a load of rot. You clearly don’t know any teachers do you.

[Still Waving]

without wanting to sidetrack the discussion, I have rarely heard such a load of rot. You clearly don’t know any teachers do you.

No offence intended. I don't know any teachers, but if I did I would be asking what the heck are kids being taught these days. But let's not hijack this thread.

[The Tech Clerk]

Time to get back to normal postings this is not a debating site

[Still Waving]

Time to get back to normal postings this is not a debating site

Line drawn. Thank you.

[Bluemonday3]

Thank you for your replies. A further update on the complaint as the letter saying that they had upheld my complaint arrived today. I have been back in touch with National debtline and they are urging me to seek legal advice re the whole CCJ & charging order etc, hence the SAR. I will try for a verbal request and if no joy will complain as advised. My credit file has been amended, though the damage is done. A credit account I have (I do not use but it's the principal for me) was halved by the damage to my credit file. They have just paid £100 into my bank without me accepting this as the complaint satisfied, which again has annoyed me as I feel like as money is tight I happy to accept £100 as compensation for their cock up ( I think, they think I am cheap & I will go away!!!)

[Bluemonday3]

I am still pursuing Birmingham Midshires as a further conversation with National debtline has advised me to do so, but I am trying to seek legal advice to be sure.
I now have Link financial chasing me as they have taken over the Lloyds debt ( I will update the diary properly over the weekend) Do I ignore Link Financial or send them a CCA. It is approx 4 years now since I made any payments and I am being paranoid that as BM are part of the Lloyds group they are pursuing me because of my beef with them ! I am a tad confused these days as my health is having a wobble and I am under a lot of personal pressure that I am afraid I do not retain very much information at the moment due to overload so I don't want to mess this up. If I send Link a CCA is this classed as contact ? I don't know what to do for the best. Any advice as always is very much appreciated.