StressHead's UE Diary

[Never-In-Doubt]

Re: BARCLAYS BANK Overdraft

Bearing in mind I've already written to them to say that I'd like to continue to pay the £6.24 they were getting from the DMP. What should I do when/if they come back to me to say that they want me to continue paying it?

Ignore them!

Please stop - stand back, read all my replies as i'm now repeating myself which I don't have the time to do i'm afraid.... read other people's diaries, ask other users for their opinions but if you ask me what to do, i'm more blunt and to the point. As I quoted on page 1 - ignore and stop paying these muppets. In totality!

[StressHead]

Re: StressHead's UE Diary

Jeysus - stop sending people money will you! The £10 is the SAR fee - however you have not requested the proper SAR documents, anyway lets see what they send back to you - however you need to ignore it and start again, now with our help here, and we'll work through it all and get you back on track. If you have a copy of the agreement you signed with the thieving bastards, please email me a copy so I can look for fault within the agreement to try and get your cash back from them. Scum, I hate them.

If I charged for half of what I do, I'd be minted!

Niddy - I think I love you already! ha ha
Right, I'll get my other half to scan the documents I signed re. DMP and Claims and will get them over to you.
I've had my 'full file' back already however it didn't seem to include many letters that Grass Roots sent. They've cashed the £10 cheque as well. Do I need to send them another letter for the SAR documents.

[Never-In-Doubt]

Re: SANTANDER (GE MONEY) Loan

I haven't actually sent a CCA request for this yet. I will post one tomorrow. Do I continue to pay them or stop paying them? I think they said what they said about the car because the car dealership organised the loan for me. They said that they could take me to court and get me to give them back the car because the loan was secured against the car.

Soo, on the loan agreement it is under s.79 CCA1974 and relates to a HP agreement then yes? If not, trust me they are talking shyte! It was a personal loan and you can say you spent it on a massage if you like, it is irrelevant! Imagine it in court "so Mr Niddy, you're saying with the £10k loan you got plastic surgery" - "yes Judge"; "ok, the lender is requesting the items back"....

See where i'm going with this? If the car was secured then you'd have an agreement called a Hire Purchase agreement which confirms with s.79 not s.77 (ie fixed term credit/loan).

Please, forget what you've been told before - half will no doubt be wrong, the rest will be shady to say the least!

[Never-In-Doubt]

Re: StressHead's UE Diary

Niddy - I think I love you already! ha ha
Right, I'll get my other half to scan the documents I signed re. DMP and Claims and will get them over to you.
I've had my 'full file' back already however it didn't seem to include many letters that Grass Roots sent. They've cashed the £10 cheque as well. Do I need to send them another letter for the SAR documents.

Ok, so they have already cashed your tenner yea? Do Not send it again! You need to then send this back to them:

Dear Sirs,

Account No: XXXXXXXX

Subject Access Request - S.7 Data Protection Act 1998

In retrospect, it seems that you never provided the required documents in line with my recent s.7 (DPA1998) request and I therefore provide a cover of exactly what I expect, in return for the £10 fee already paid to you.

I want a copy of all information your company hold on me including a list of accounts and details of payments along with copies of statements. Under the Data Protection Act 1984 and 1998, and including the right of subject access under these acts, I hereby request that you supply me with any and all historical data in your possession which relates to me and am entitled to under section 7(1) of the Act. If you store any of the older records on microfiche, please be aware that the Information Commissioner deems this to be a relevant filing system under the Act. As such, any microfiche data must be sent to me in fully legible and comprehensible form.

Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my business with you. If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

For the avoidance of any and all doubt, I reiterate:

I hereby request that you supply me with any and all historical data in your possession which, in any way appertains to me, including (but not exhaustively) a copy of the original signed executed agreement; statements of account; duplicate statements and/or print outs of all account transactions; all internal and external correspondence sent or received by you including memo’s, logs, notes, screen prints and transcripts; notes of manual interventions such as telephone attendants' notes, copies of stored telephone conversations, internal and external emails; any other information held on all types of media in any relevant filing system (microfiche included). If you have disclosed any information to a third party (with or without my express permission), will you please include details of this in your reply, along with notes of any legal action passed or pending (to include a true copy of default notices, court orders and the like).

Where any information that you provide includes any charges, for example returned payments, late payment fees, and so forth, would you please advise your breakdown of actual costs (liquidated damages) incurred for each charge, and the Term or Condition on which you rely upon to claim such a charge. I also require that you forward, within the above mentioned time scale, a true copy of the Terms and Conditions that were in force at the time my account was opened, and any subsequent amendments to those Terms and Conditions.

I have already paid you the statutory maximum fee of £10.00 to access ALL data held by you about myself. You should be fully aware of your statutory obligations under the Data Protection Act and that any failure to comply with this request will involve a complaint to the ICO as well as potential legal action. I expect a response to completion, within 40 days as per DPA Guidelines. This request has been sent Recorded Delivery so I can ensure compliance on these issues comply within the legislative time frames.

Yours faithfully


Sign digitally

[StressHead]

Re: MINT Credit Card

Hmmmm - take a deep breath Niddy!

Ok, simple advice here - I don't say things that is incorrect, therefore I generally say things once and only once. If you have sent a CCA Request yourself then wait till you get it then update this thread.

If you have not sent a request, ignore the data that the old CMC will send as I want to see what they (ie the lender/DCA) sends to YOU. When you get the CCA, and ONLY when you get it, quote the original post from page 1 and give me an update and send me the agreement to check as per this thread here; ---> User Guide - Sending your Agreement to Niddy

That's it - :niddy :niddy

Ok, I've got it! Bear with me please Niddy, I can't even think straight at the moment. I'm trying... and I don't mean your patience!

[Never-In-Doubt]

Re: MINT Credit Card

Ok, I've got it! Bear with me please Niddy, I can't even think straight at the moment. I'm trying... and I don't mean your patience!

I know its stressful, but seriously you need to kinda step back against what you were told in the past, I am very unorthodox - but also very effective. The system is there to protect you and we utilise that to the best of our ability, if now - and they try and enforce things, we defend/fight back. So although it seems we're submissive - we're really actually rather forceful, as some of my templates will suggest.

[StressHead]

Re: SANTANDER (GE MONEY) Loan

Soo, on the loan agreement it is under s.79 CCA1974 and relates to a HP agreement then yes? If not, trust me they are talking shyte! It was a personal loan and you can say you spent it on a massage if you like, it is irrelevant! Imagine it in court "so Mr Niddy, you're saying with the £10k loan you got plastic surgery" - "yes Judge"; "ok, the lender is requesting the items back"....

See where i'm going with this? If the car was secured then you'd have an agreement called a Hire Purchase agreement which confirms with s.79 not s.77 (ie fixed term credit/loan).

Please, forget what you've been told before - half will no doubt be wrong, the rest will be shady to say the least!

I've just called Santander to ask them what type of loan this is. They've confirmed that it is a personal loan and the only reason that they make reference to the car on their p/wk is so I know what the loan is for. They did tell me (when they were threatening me before) that if they took me to court and proved that I still had the car (which they could as it's in my name), then they could get it off me? I know what you mean re. plastic surgery but bearing in mind they know exactly what car I have, could this cause an issue in the future. Just trying to get my head around this all. Next payment is due to be made to them on 28th March, I'm guessing I need to cancel this too?

Good news is though Niddy... you've already saved me money. When I called them, the lady informed me that I am now all up to date and £280 in credit. First of all she said that she couldn't refund me the monies, so I spoke to her supervisor and guess what... cheque's on it's way! Woo Hoo!!

[Never-In-Doubt]

Re: StressHead's UE Diary

woah - why did you ring them?

You need to stop ringing people, if you do that again I cannot help i'm afraid as it goes against the whole ethos of this site.

[StressHead]

Re: MINT Credit Card

I know its stressful, but seriously you need to kinda step back against what you were told in the past, I am very unorthodox - but also very effective. The system is there to protect you and we utilise that to the best of our ability, if now - and they try and enforce things, we defend/fight back. So although it seems we're submissive - we're really actually rather forceful, as some of my templates will suggest.

To the point is good for me. Orthodox or unorthodox, I don't care as long as I can get my life and finances sorted. Thank you.

[Never-In-Doubt]

Re: SANTANDER (GE MONEY) Loan

I've just called Santander to ask them what type of loan this is. They've confirmed that it is a personal loan and the only reason that they make reference to the car on their p/wk is so I know what the loan is for. They did tell me (when they were threatening me before) that if they took me to court and proved that I still had the car (which they could as it's in my name), then they could get it off me? I know what you mean re. plastic surgery but bearing in mind they know exactly what car I have, could this cause an issue in the future. Just trying to get my head around this all. Next payment is due to be made to them on 28th March, I'm guessing I need to cancel this too?

Good news is though Niddy... you've already saved me money. When I called them, the lady informed me that I am now all up to date and £280 in credit. First of all she said that she couldn't refund me the monies, so I spoke to her supervisor and guess what... cheque's on it's way! Woo Hoo!!

Hiya, No, again they are talking tripe. It is an unsecured loan, that means it is unsecured. Nothing whatsoever they can do. Its like buying a TV from a catalogue then falling into arrears, you think the clubby can come and take your TV?

No, they cannot. Unsecured means exactly that - it is not secured against anything.

p.s. Well done on the refund.... result!

[StressHead]

Re: StressHead's UE Diary

woah - why did you ring them?

You need to stop ringing people, if you do that again I cannot help i'm afraid as it goes against the whole ethos of this site.

I rang them because they said if I caught up with all my payments (which I have as of 28th Feb), then they'd credit me back the late payment fees which there was £100 of. They said to call them and they'd have them taken off. So I called them and it's put me £280 in credit for which I am now getting a cheque for.

Ok... no more phone calls... I get it. It's Day 1... I'm still learning!

[Never-In-Doubt]

Re: StressHead's UE Diary

I rang them because they said if I caught up with all my payments (which I have as of 28th Feb), then they'd credit me back the late payment fees which there was £100 of. They said to call them and they'd have them taken off. So I called them and it's put me £280 in credit for which I am now getting a cheque for.

Ok... no more phone calls... I get it. It's Day 1... I'm still learning!

Ok, on this occasion it worked in your favour lol.... but we can reclaim all charges at any point, so again - stop doing things that you "used" to do. This is a new era for you, trust us - and you'll do just fine. It may - if you feel that threatened by this - be best to just carry on paying this, assuming you can afford it? I don't usually suggest it but you seemed kinda freaked by it all so giving you the opportunity beforehand to take that route... up to you.

[StressHead]

Re: StressHead's UE Diary

Ok, on this occasion it worked in your favour lol.... but we can reclaim all charges at any point, so again - stop doing things that you "used" to do. This is a new era for you, trust us - and you'll do just fine. It may - if you feel that threatened by this - be best to just carry on paying this, assuming you can afford it? I don't usually suggest it but you seemed kinda freaked by it all so giving you the opportunity beforehand to take that route... up to you.

They've called back to say that they've made a mistake and that they haven't put what I owe them for March against my account yet although I've already paid them. Work's out that I actually owe them an additional £49.98! W*nkers!! I'll send the CCA Request tomorrow, e-mail it to you upon receipt and once I know if it is enforceable/unenforcable, I'll then decide what to do with this one.

[Never-In-Doubt]

Re: StressHead's UE Diary

How much was march payment? Out of interest...

[StressHead]

Re: StressHead's UE Diary

How much was march payment? Out of interest...

Usual payments are £330.08/month, I missed Nov & Dec payments. I then paid £300 upfront and have paid £458.28 for 3 (Jan, Feb, Mar) months (£330.08 x 3 + £128.20 x 3) and still owe another £49.98 as well apparently