Suicidal Sid Diary

[Never-In-Doubt]

Re: Suicidal Sid Diary

A and L Loan

Balance £2000

DCA MOORCROFT

Nov 2012 Sent CCA Request
Dec 2012 Recieved Terms and conditions. EMAILED NIDDY

Hiya

Sadly, this looks good. Its actually enforceable. You could either blag it or look at a monthly offer but if they get heavy you’d need to look at repayment. Sorreeeee..

Alternatively you could look to claim any late payment fees on this.... it may reduce the balance a bit.

[billytommo]

Re: Suicidal Sid Diary

And here's me thinking I was just being an awkward old twonk! Well, I am but I certainly agree with you re-the sig strips and creative editing. Who's a judge likely to believe???

In my particular case they may be so repetitive in their demand for my sig because they haven't already got it. The fact that with another NW card taken out at exactly the same time they have admitted to not being able to locate the agreement Here's hoping

[Never-In-Doubt]

Re: Suicidal Sid Diary

I had the same from NW playing a game of ping-pong with letters going back and forth. "We need your signature" "No you don't" They have now passed the account to Shoosmiths who also asked me for my signature only to have the full facts pointed out to them. They then wrote back informing me that they have recommended to their client to respond to my CCA request. It's either dig your heels in like I have done - I'm stubborn like that - or you can sign normally over one of AAD's tamper proof signature strips. Either way they are in default until they comply. Good luck

Seen this --> allaboutFORUMS

They never give up - I will be doing a letter to them for this user if you want to nick it (if they don't respond)....

[Never-In-Doubt]

Re: Suicidal Sid Diary

Seen this --> allaboutFORUMS

They never give up - I will be doing a letter to them for this user if you want to nick it (if they don't respond)....

Letter demanding compliance to SAR ---> allaboutFORUMS

[suicidal-sid]

Re: Suicidal Sid Diary

Thanks Niddy.

Out of all of them I don't actually mind paying A&L as it's the smallest amount and they haven't been too nasty compared to the other idiots!

[suicidal-sid]

Re: Suicidal Sid Diary

Letter demanding compliance to SAR ---> allaboutFORUMS

I can't access this page, don't think I have enough post counts!

[Undercover Elsa]

Re: Suicidal Sid Diary

Hi Sid ,

Aahh, no...it's because the thread it's in has been moved to a protected area.
No probs, here's the letter:

Dear Sirs,

Ref: XXXXXXXX

I write with reference to previous communication that has been ongoing for some time now, and your clear lack of diligence in dealing with matters that are not only heavily regulated, but also very basic to grasp in both content and form.

You're saying that you require my signature for my s.7 DPA Subject Access Request however the Data Protection Act (1998) actually says you need to ensure you're communicating with the actual person that you hold data about. So, my rather simple question to you is why are you sending me statements and other personal and sensitive information if you're not clear you're communicating with the right person?

Obviously your refusal to comply is a ploy to delay things, however I will not stand for such abuse. You know the rules, they are clear and in black and white and you have no lawful reason to believe I am anyone other than the same person you've communicated with for years now. My name and address are both the same as they were the last time you took verbal instruction from me so I expect you to acknowledge that your rather feeble excuse has backfired, and also expect the information requested immediately.

I shall not collect it from a branch, as there is nothing within the Information Commissioners guide that stipulates you can withhold a SAR pending collection in person, as I say, you know full well I am the person you've previously been writing to so your attempt to cloud things mystify me somewhat.

I could always look at obtaining the same information via CPR?

I expect the information requested within the next 7 days or a more formal complaint to the regulatory bodies will be forthcoming.

Yours faithfully,



Sign Digitally

[SXGuy]

Re: Suicidal Sid Diary

And here's me thinking I was just being an awkward old twonk! Well, I am but I certainly agree with you re-the sig strips and creative editing. Who's a judge likely to believe???

In my particular case they may be so repetitive in their demand for my sig because they haven't already got it. The fact that with another NW card taken out at exactly the same time they have admitted to not being able to locate the agreement Here's hoping

Rather than trolling through 5 pages of my diary, ill give you a breif history of the trouble i had.

I had 2 NW accounts, 1 admitted straight away no agreement, the other kept demanding a signature.

I sent the various letters reminding them theres no requirement for a signature for a CCA request, in the end they passed it over to their compliance team.

The compliance team basically said they are not in default of the request because they havent refused it, they simply need my sig to compare it to the application to confirm i am who i say i am.

Obviously this was complete bollox, but i was left in a situation whereby if they did hold a compliant agreement and further down the line took legal action, while they were barred from judgement to that point, they could retify during court in which case id be stuffed.

So i took the decision to send a signature with the request, but over the top of the AAD anti tamper strip.

I recently received a letter confirming they can not find the CCA, so they had nothing to compare it to in the first place!

The whole time theres me thinking there staring at the application signature and saying nope it doesnt match when in actual fact it never got that far.

I understand that people dont wish to roll over with their bully tatics and i agree, but because they could always recitfy the request during proceedings, i wanted to know either way what they did or didnt have, which is why i conceeded.

The decision you take is obviously yours to make, they are wrong in quoting DPA, but it doesnt stop them issuing a claim should they have something compliant.

[billytommo]

Re: Suicidal Sid Diary

My situation is so like to yours it's untrue. When I applied for the cards I think it might have been on the same form so they have admitted not being able to find the form for one but not the other. I wish I could remember. It is 20 years ago and I struggle to remember what happened yesterday!! Here's hoping though

[suicidal-sid]

Re: Suicidal Sid Diary

Thanks undercover Elsa.

Is it an SAR request I need to send to find out if I have charges I can claim back? Obviously just send them to the accounts that are enforcable.

What about , for example, MBNA cant answer my cca request as they sold my account to Arrow Global, who is responsible for an SAR request and would they have to respond if they sold the account? Purely theoretical for now as they both say the other one is dealing with my cca request!

SX Guy thanks for the short version ,however I read your diary last night, learnt a lot from it but it wasn't as good a read as adrian moles.

[jon1965]

Re: Suicidal Sid Diary

Sid
In general you send the SAR to the original creditor. There may be times when you need to send them to the new owner but in this case it would be the OC.

[SXGuy]

Re: Suicidal Sid Diary

SX Guy thanks for the short version ,however I read your diary last night, learnt a lot from it but it wasn't as good a read as adrian moles.

LOL i think Adrian Mole is a better read than most diaries here.

I think my situation was slightly different, they were my mothers cards, but between this forum and me, they were arranged by an old friend at the time who was a bank manager, no agreement was ever signed as far as we can remember.

[suicidal-sid]

Re: Suicidal Sid Diary

All quiet on the eastern front! One quick question, from what date does the 6 year countdown begin and if I don't have paperwork that old what's the safest way to get it?

Also Nram finally repossessed my house so I'm technically homeless, I informed Blake lap thorn by email as they're having a go at an old mbna account, they said they can send documents to my old house even though I've told them it's been repossessed and I won't receive it!

As I have no fixed address what should I do/say regarding recieving mail from Dca's? I don't want to give them friends/ family addresses but I don't want to miss any surprise court letters!!

[suicidal-sid]

Re: Suicidal Sid Diary

BUGGER!!!!! I've just received a court summons from Blake Lapthorn for the MBNA debt that was sold to Arrow Global. They sent it to my house which was repossessed Aug 13 and has been empty since then. I informed Blake's that I could no longer receive mail to that address months ago when they started pestering me, they have SINCE emailed me my original documents from MBNA, I'll email them to Niddy tomorrow.
1. What the hell do I do now?
2. Is it legal for them to serve documents to an address they know I have no access to?
3. How can I prevent a judgement against me without admitting I've seen the summons?

i was going to return to sender with " property repossessed, recipient not at this address" ??

Any thoughts greatly received, I think most of my debts are approaching SB but am unsure how to find the exact date I need as we lost quite a bit of the paperwork when we first got into debt problems.

BUGGER!!

EMAILED NIDDY

[Never-In-Doubt]

Re: Suicidal Sid Diary

Passed to Andrew (ATW) and PM'd you mate