Bluemonday 3 Unenforceability Diary

[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.

[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]

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?

[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.

[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

[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]

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]

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]

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?

[Colin G Quinn]

Hi. Yes, I have just responded. I don't think it was myself that you have spoken to.

[Bluemonday3]

Hi I have sent you another email, thank you

[Colin G Quinn]

Hi,

Are you able to remind me of when we spoke? Apologies if we have as I have no recollection I'm afraid.

If it's any easier please feel free to email me.

[Bluemonday3]

Hi yes I did make contact and was advised that the information isn’t actually incorrect as I am in arrears but I will raise my other concerns following my conversation with national debt line

[Roger]

Have you spoken to Colin G Quinn over your issues?

Contact Colin email of phone at colin@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

[Bluemonday3]

Just to update. I have raised a further complaint as to start off with this was all about how their change of computer systems had led to my payments not being applied correctly to my account. The complaint manager told me that she was dealing with this and would get the payments adjusted back to how they should have been applied and that she would also provide this information in a letter. By her own admittance, she did neither! She has apologised profusely, told me that she has admitted this to her manager and put £100 in my account !
I have added to the complaint as the November's payments have not been applied properly either, which has led to me showing as having mortgage arrears now, which I have never had.
I also complained separately re the loan being reported on my credit file after this fell off approx 2017 & she was going to look into this.
Just to get further clarity, I have been in touch with National debtline, who also confirm they cannot do this, and this has opened a whole can of worms as to issues around the CCJ, the subsequent charging order etc.
NDL stated that the CCJ supercedes any legal contract/loan agreement & that my obligation should just be to manage the payments set by the court. I have been overpaying for years, but to be honest I just want rid of the debt, so I have no issue with this I guess, it is just getting them to stop persecuting me by other means.i.e. the credit file etc.
NDL advised sending them a SAR, however as this was back in 2010, I am not sure what information they will still have.
It has made me think that I may have more to complain about and I want to get this right.