Adinuff's UE Diary

[Never-In-Doubt]

Re: Adinuff's UE Diary

yes CCA sent they keep sending me in circles about it. saying they need a signed document. even though i said i would collect from local branch showing ID. 3 times they have sent me form to sign

Noooo - you do not need to do this!!!

Send this back!

Dear Sirs

Account No/Reference No: XXXXXXXX

Thank you for your letter dated XX/XX/XXXX, the contents of which have been noted. In your letter you make reference to requiring my signed authorisation before you will comply with my CCA Request.

I'd like to draw your attention to the fact that the Consumer Credit Act 1974 does not require that I supply you a copy of my signature. If it is for Data Protection purposes then I can supply you with documentation to substantiate my identity to you. However, I note that to date you have happily sent statements and correspondence containing extensive sensitive private information to my address and so I have to ask, if you are so concerned that you are corresponding with the correct person why has it taken you so long to raise this?

As you are aware, disclosing data without adequate checks of identity is contrary to the 7th principal of Data Protection, listed in schedule 1 of the Data protection Act 1998:

Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.

I note that there is no provision that removes the requirements of the act to provide this information on time, even if you are unsure of my identity; which therefore means that this account looks likely to become unenforceable until such time you actually respond to my lawful request for a copy of the agreement. I am not going to sign anything as there is nothing that formally allows you to demand such information. Any future failings will be swiftly reported to the regulatory bodies so I politely suggest you adhere to this refusal.

I look forward to receiving the documentation requested, within the next 14 days.

Yours faithfully,



Sign Digitally

[Never-In-Doubt]

Re: Adinuff's UE Diary

Basically the template above is saying, you've been sending me threats etc so you know it is me. If however you now want ID then surely you admit to sending sensitive data to someone you weren't sure of hence breaching DPA - so what is it to be then?

If that makes sense.... lol.

[Adinuff]

Re: Adinuff's UE Diary

Is this what your looking for vint?



[ATTACH]7879[/ATTACH]

Hi IF,
Thats brilliant . Do you have one witout the all.about.debt.co.uk dont want the creditors checking site and seeing my plans.

Adinuff

[vint1954]

Re: Adinuff's UE Diary

Thanks IF

[vint1954]

Re: Adinuff's UE Diary

Hi IF,
Thats brilliant . Do you have one witout the all.about.debt.co.uk dont want the creditors checking site and seeing my plans.

Adinuff

Niddy's accessed the template now so you don't need the strip

[Never-In-Doubt]

Re: Adinuff's UE Diary

Hi IF,
Thats brilliant . Do you have one witout the all.about.debt.co.uk dont want the creditors checking site and seeing my plans.

Adinuff

No because it is done to MAKE them check here and realise they are not dealing with you, alone, but thousands of very clever legalese people. It actually helps you, it doesn't hinder you.

I am proud of our anti-tamper strip....

Anyway I posted what to do above ^^^^^

[Never-In-Doubt]

Re: Adinuff's UE Diary

Niddy's accessed the template now so you don't need the strip

Niddy has loaded them already - just tidying them up

Will be live later tonight hopefully

[vint1954]

Re: Adinuff's UE Diary

Well done Niddy

[Adinuff]

Re: Adinuff's UE Diary

Hi niddy,
Would you be so kind and too post me the CCA and SAR request Templates.I need to send off to a creditor today

many thanks

Adinuff

[Never-In-Doubt]

Re: Adinuff's UE Diary

Hi niddy,
Would you be so kind and too post me the CCA and SAR request Templates.I need to send off to a creditor today

many thanks

Adinuff

No post till Monday - they'll be back later - give me a couple hours

[Never-In-Doubt]

Re: Adinuff's UE Diary

Also why do you need a SAR & CCA? Is this for separate lenders or the same one...?

[Adinuff]

Re: Adinuff's UE Diary

Also why do you need a SAR & CCA? Is this for separate lenders or the same one...?

Hi Mate,
Same lender. thought i can kick start both. Iff CCA found i can look at charges PPI and interest to claim back.

Adniuff

[Never-In-Doubt]

Re: Adinuff's UE Diary

Hi Mate,
Same lender. thought i can kick start both. Iff CCA found i can look at charges PPI and interest to claim back.

Adniuff

Ahh do the CCA first - that saves a tenner. Trust us, deal with CCA then see what transpires from that

Dear Sirs

Account No/Reference No: XXXXXXXX

I hereby formally request a copy of my Consumer Credit Agreement, pursuant to s.77-79 of the Consumer Credit Act 1974 (CCA1974).

I require you to provide me with a true copy, or reconstituted copy of the credit agreement relating to any account you deem to be mine, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit (12 + 2 days).

If it is your view that you are not the creditor, s.175 of the CCA1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties. Your attention is drawn to ss.5(2), 3(b), 6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

I also remind you of your duties, in line with recent OFT Guidance (issued Oct 2010) surrounding Unenforceability, I presume you're aware that the OFT has stipulated that 'sections 77-79 of the Consumer Credit Act 1974 outline the information creditors must provide to debtors under fixed-term, running account & Hire Agreements'. This simply means that under these sections a debtor can pay £1 to get:

• a copy of their agreement
• copies of some of the other documents mentioned in their agreement
• a statement of account

If this information is not provided within 12 working days the debt becomes unenforceable. This means a creditor cannot:

• make the debtor pay the debt before they're supposed to
• get a court judgment against the debtor

So, in line with the OFT Guidance, and the Consumer Credit Act, please find attached my £1 payment, which is the statutory fee - note that these funds are not to be used for any other purpose. If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee and then remove the incorrect entry from your systems.

I do, expect the main actions to be dealt with, as matter of course, and look forward to hearing from you within the prescribed time-scales quoted however, in the meantime, I require that you clarify your position on this point as failure to do so, even by omission or lack of a response, will be regarded as an attempt to deliberately misrepresent or conceal the legal position regarding this matter to which an appropriate complaint will be made to the OFT.

Yours faithfully,



Sign Digitally

[Adinuff]

Re: Adinuff's UE Diary

Hi Niddy,
Thanks for the template.I have a question about a friend who is in Sweden. He is currently in the same situation as me. Cant service his debt to creditors. I mentioned this site and all the help i am getting. Is there anyone who knows anything that could help him. He could lose his house if his situation doesn't change immediately.

Adniff

[IF]

Re: Adinuff's UE Diary

Adinuff, please ask your friend to register adding you as the referrer so we don't ban him, thinking he's a spammer from Sweden!! Ask him to start a UE diary listing all debts as you have done and Niddy will see if he can help.

IF...x