SarahSarah Diary: UE and negotiating settlements

[SarahSarah]

My personal feeling is never impart with any information unless absolutely necessary.

If the OP raises awareness of the situation (data confusion) then the original creditor could fix the problem (thanks to the OPs help) and then provide the debt purchaser with what they need.

This can be particularly relevant to situations where debts have been amalgated by the original creditor before assigning the debt.

Di

Thanks Diana Mayhew .

MBNA are not asking for ID (so I don't think I should send driving license and utility bill?), they're asking for DOB, full and previous addresses & account numbers. I have had 3 addresses since I moved to DMP and have the card numbers, both of which I have quoted on previous letters, so they should have on file. I guess my response should include my DOB and last 3 addresses but say I no longer have the account numbers??

Halifax asks for the same but also ask me to sign the enclosed copy of my SAR request letter. I was thinking I'd just write my name, not a signature they could copy. But again, what info should I actually give them? This one has been through a couple of debt purchasers before arriving at Cabot.

[Roger]

Thanks Diana Mayhew .

MBNA are not asking for ID (so I don't think I should send driving license and utility bill?), they're asking for DOB, full and previous addresses & account numbers. I have had 3 addresses since I moved to DMP and have the card numbers, both of which I have quoted on previous letters, so they should have on file. I guess my response should include my DOB and last 3 addresses but say I no longer have the account numbers??

Halifax asks for the same but also ask me to sign the enclosed copy of my SAR request letter. I was thinking I'd just write my name, not a signature they could copy. But again, what info should I actually give them? This one has been through a couple of debt purchasers before arriving at Cabot.

GDPR which covers SAR is discussed by Niddy and The Tech Clerk. Niddy points out you should send ID
"..

You must send ID. I prefer to do by post and just copy my passport & council tax bill. That’s the best two forms of ID and I never get hassle. .."
Which I can confirm is ALL that is necessary.

The Tech Clerk &Never-In-Doubt
https://www.all-about-debt.co.uk/for...-and-responses

Well as they have written to you they have your current address. So send copies of two items sic.
The GDPR doesn't actually require an Account Number SO DON'T GIVE IT! The GDPR and SAR are what they hold about you!!

1/ Copy of say a driving licence / Passport etc..

PLUS

2/ A Copy of a Utility Bill within last three months.

MBNA are required by law to comply with GDPR tough if they have lost or misplaced Data! It is you the person not account numbers etc.. Required by LAW. Do not give them an opening for cosy toe relationships to DCA's

---

[Still Waving]

Section 64 of the legislation says -

(64) The controller should use all reasonable measures to verify the identity of a data subject who requests access, in particular in the context of online services and online identifiers. A controller should not retain personal data for the sole purpose of being able to react to potential requests.

I would not be sending MBNA (or anyone else) any ID which they have not specifically asked for.

[Joanna Connolly Solicitors]

Thanks Diana Mayhew .

MBNA are not asking for ID (so I don't think I should send driving license and utility bill?), they're asking for DOB, full and previous addresses & account numbers. I have had 3 addresses since I moved to DMP and have the card numbers, both of which I have quoted on previous letters, so they should have on file. I guess my response should include my DOB and last 3 addresses but say I no longer have the account numbers?

Why give them your previous addresses?

I wouldn't do/say anything which helps them to join up the dots at this stage.

Di

[SarahSarah]

Diana Mayhew Thanks, as I suspected, but how would you suggest I respond? Basically say I’'d like all the info they hold using the address and personal details I have already provided? I expect under the GDPR rules, they’'d need to comply regardless?

[Joanna Connolly Solicitors]

I’ve received an email alert to say you had posted on your thread but I can’t see your post.

The forum has been experiencing some technical issues in the last few days so would you be kind enough to repost so I can help you.

Di

[SarahSarah]

I’ve received an email alert to say you had posted on your thread but I can’t see your post.

The forum has been experiencing some technical issues in the last few days so would you be kind enough to repost so I can help you.

Di

Hi Diana Mayhew , my original post disappeared but it basically said this:

I've received another letter from MBNA saying they can't verify who I am, even though they have communicated with me at my current address before and I've given them card numbers. Not sure how far I should push for a SAR? They're still insisting on previous addresses, which is really the only thing I haven't supplied in the letters re SAR.

[The Tech Clerk]

your CRA report would show previous address anyway? why not give them it if you have already corresponded with them?

[SarahSarah]

your CRA report would show previous address anyway? why not give them it if you have already corresponded with them?

Di has previously advised against offering any info that will help them join the dots.

[SarahSarah]

?????

• Royal Bank of Scotland
• Loan
• Jan 2007
• £17K
• Last full payment approx Oct 2007. Negotiated installment paid up to June 18.
• Arrangement via a DMC
• Delinquent
• AIC

I requested the CCA and received a "True Copy", no signed photocopy. I believe this one to be enforceable...?

update 25th June: Niddy reckons this one is unenforceable, no signed agreement. They say in their letter they are only obliged to send a true copy - is there a template I can use to ask again? I may fall into an actual faint if this whoppa is UE!

Update 27th June: reckons this one is UE as there is no signed agreement. Is the "Missing prescribed terms" template appropriate here? I'm confused as they refer in their letter to the doc they sent being a "True Copy" and the template asks for a true copy. Pic of letter attached along with a response from RBS saying that AIC will be collecting the debt "on their behalf". Is this a nice way of saying they have sold the debt and no longer have anything to do with it?
Diana Mayhew

Update 30th June 18: Changed from Defaulted to Active. I had this wrong previously, apologies. Thought it had defaulted with all the others.
2 July 18: Sent SAR to RBOS.
July 18: Letter from AIC asking to call to arrange payment as DM cancelled.
Sept 18: Letter from RBS saying that they have been unable to reach an agreement with me so the account has been passed to Allied International to act as collection agent. Confusing as it's been with Allied for years. On my credit file, this account was delinquent for years, then randomly changed to payments up to date for a few months then went into delinquency again. Is there any detrimental effect (any worse than 72+ months of delinquency!) to this bizarre scoring?

Anyone care to comment on my update on this account? Many thanks.

[SarahSarah]

Side note: I have received no information from any of the accounts regarding SAR, other than MBNA and Halifax saying they can't identify me. I assume I should leave it be, rather than chase any of them...? (All correspondence detailed in my diary entries on page 1).

[Roger]

The New GDPR and the Old SAR does create problems.
There are interesting debates on AAD.
GDPR works both ways really on the Banks etc.. and the Creditors. You see this with phone calls and the attempt to identify with security questions.

With GDPR the normal identity root is
1/ A recent Utility Bill (within 3 months) Gas, Electric, water, sewage, Council etc..
2/ Passport, Driving License etc..

However recently Niddy pointed out that we should delay SAR/GDPR because it can work against Our interest (let sleeping Dogs lie!)

Each Case is different. I can't see that you are under pressure from Creditors so I would file away your proof of requests!! and let sleeping Dogs lie.

[SarahSarah]

• Bank Of Scotland then Lloyds TSB
• Credit card
• Approx 2001
• £6k
• Last full payment approx Oct 2007. Negotiated installment paid up to date.
• Arrangement via a DMC
• Defaulted. Now dropped off credit file.
• PRA Group

I requested the CCA and this debt was deemed UE by PRA Group. A few months later, I received a signed credit agreement. Not sure if that now makes this enforceable??

update 25th June 18: Niddy has seen the signed agreement and says that this one is enforceable. I’ll try and settle it, any experience with PRA Group anyone??
Update 30 June 18: Cancelled DMP. Payments no longer being made to this account.
2 July 18: Sent SAR to BOS.
3 July 18: The calls have started, recording telling me PRA Group are trying to get in touch.
early August: Changed my mobile number.
early Sept: Letter from PRA saying that if I don’t call to set up a payment plan, they may pursue me via the county court. Gave me 14 days to respond, which I haven’t.
October 18: I have now received a Letter Before Claim from PRA Group. It includes the box A-G form and and Income & Expenditure form. I have already sent a CCA to PRA and Niddy believes the agreement to be enforceable. Not sure what my next move should be? Particularly interested in what you have to say Di as I know you know PRA well.

Anyone with experience of PRA have any advice?

[nightwatch]

Anyone with experience of PRA have any advice?

If you have received a letter of claim, please PM Di for her to post advice on this thread. All cases differ somewhat and need replying to in different ways
NW.

[Joanna Connolly Solicitors]

Anyone with experience of PRA have any advice?

You have 30 days to respond to a Letter Before Claim so what is the date on the letter?

I can't see anything on this thread about when the debt was assigned by BOS to PRA so when was that and were you served with a Default Notice and Termination Notice prior to that? My apologies if I've missed something when reading back several pages.

Was there PPI on this credit card account?

What was the reason the 'credit agreement' from 2001 was considered enforceable?

Were the correct Ts & Cs (from 2001) included in PRA's response (this account was opened with Lloyds TSB according to you)?

How did you open the account such as online, in response to an invitation letter, in branch, over the phone, in a shopping mall etc etc?

Have you been sent an annual Notice of Sums in Arrears since the account defaulted in 2007?

There are many reasons why a debt has the potential to be unenforceable in court even if the credit agreement document appears to be compliant.

Di