fwil's diary

[fwil]

Re: fwil's diary

Yes, defaulted since October 2012

[Never-In-Doubt]

Re: fwil's diary

Did they issue a default notice?

[fwil]

Re: fwil's diary

Finally received CCA from Post Office today.

I was under impression it had been sold to DLC but they say Bank of Ireland remains creditor of the account.

I can't see the CCA being unenforceable, its got everything there and was 2009.

They have also sent me 'Latest Terms and Conditions' which says monthly minimum payment is £1300! The balance is only £1600.
It also says I can pay 2.5% per month or 1% plus interest?

My preference is to continue paying the £5 / month I used to pay with my DMP.

Would it make sense to stop payments until it got sold off, thereby avoiding any interest charges in the future?

Thanks

[Never-In-Doubt]

Re: fwil's diary

My instinct is to take this Co-op one on the chin, aim to pay off within 6 years but fight any unenforceable ones.
Could there be much to be gained from bringing up the '6 months arrears' markers Co-op have been putting on my credit report for 2 years+ or is it more of a delaying tactic?

You could raise a dispute with the CRA and state that the marker should have been changed to a Default after 6 months and that 2 years of '6' markers is not compliant within the CRA guidelines as issued by the ICO. Ask them to deal with the data controller (the creditor/dca controls the data) directly due to you being in deadlock with them over other issues and as data processor (the CRA is processing the data), you're asking them to deal with it.

[fwil]

Re: fwil's diary

My instinct is to take this Co-op one on the chin, aim to pay off within 6 years but fight any unenforceable ones.
Could there be much to be gained from bringing up the '6 months arrears' markers Co-op have been putting on my credit report for 2 years+ or is it more of a delaying tactic?

[Never-In-Doubt]

Re: fwil's diary

Blagging because it's post April 2007. That's when s.127 (3-6) was repealed so we cannot get this Iredeemably UE. Never.

It could win in court on other merit but not on s.127(3) (ie unenforceable)....

UE is a game of cat & mouse to blag it past 6 years and get to Statute Barred. Nobody really wants a day in court but if they issue a claim we'd help, but it's not our preferred option.

Yes templates are in AAD+.

[fwil]

Re: fwil's diary

Sorry, learning as I go here.... why would it be 'blagging' and is the Missing PT's in the paid-for area? Apologies if this is explained elsewhere but i've not been able to find

[Never-In-Doubt]

Re: fwil's diary

Its post 04/2007 hence it causes you problems but in the meantime why not blag it and send off Missing PT's...?

[fwil]

Re: fwil's diary

Niddy advises Co-Op one is . Just wondering whether its now worth pursuing this angle mentioned earlier:

Here's the screenshot from my credit file for that loan: (not sure why Callcredit and Equifax have different versions) Not sure if its standard, but the '6' stands for six months in arrears.

[ATTACH=CONFIG]19016[/ATTACH]

My CCCS/Stepchange DMP started Sept 2012 and has just ended due to missed payments.

Thanks for your help!

That is nonsense, they cannot leave a trailing 6 for that long - you could write to the creditor and tell them to correct the entry and appropriately correct the default date prior to you speaking to the ombudsman and possibly seek legal advice. As per Roberts v Bank of Scotland - the creditor needs to be careful about the derogatory data they leave and it is quite impossible to be on status 6 for anything more than 3 months as the guidelines state that a DN should be loaded within 9 months in the worst case.

The DN in your case should be around March 2014 based on what you've said. Stepchange DMP has done the damage - worse thing you could do, go on a DMP.

To be honest I'd not argue this right now - what's the point if you're utilising UE anyway?

[Never-In-Doubt]

Re: fwil's diary

Just updated my opening post to include Co-op details after uploading their CCA.

Also, received letter from DLC today in reply to CCA request.
They say they are an agency collecting on behalf of Bank Of Ireland who remain creditor and I need to request directly from them. Address supplied and returned £1 PO. This is a Post Office credit card that I think has always been Bank of Ireland.

I'll send it off to Bank Of Ireland on Monday unless advised otherwise?

thats correct. PO cards are BOI. I have a BOI gold card myself.

[fwil]

Re: fwil's diary

Just updated my opening post to include Co-op details after uploading their CCA.

Also, received letter from DLC today in reply to CCA request.
They say they are an agency collecting on behalf of Bank Of Ireland who remain creditor and I need to request directly from them. Address supplied and returned £1 PO. This is a Post Office credit card that I think has always been Bank of Ireland.

I'll send it off to Bank Of Ireland on Monday unless advised otherwise?

[DoTheyMeanMe]

Re: fwil's diary

For what it is worth, Tesco sent me a printout from a microfiche in January 2013 in reply to my CCA letter. I sent them a missing PTs letter. They wrote to me twice in August 2013 (asking for a payment) and I have not heard a thing from them since then. Not letters, no DCAs - nothing.

[nightwatch]

Re: fwil's diary

I sent a CCA to Tesco in 2012, they sent it back saying they wanted a signature, I sent them the no signature needed template, they sent me some documents saying it was under the DPA, so I now send a NO CCA received letter to any DCA that gets it.

[nanna58]

Re: fwil's diary

Good luck x

[Never-In-Doubt]

Re: fwil's diary

Presumably if I they lifted and copied my one-off digital signature I would totally have them by the short n curlies?

If they have my original signature on file to compare with, wouldn't they just lift that one and i'd be none the wiser?

Yes which is why we say never give them your current signature hence never sign, always use digital or a signature strip to stop them lifting it.

It doesn't matter if they write back and say 'the X you placed in the signature box doesn't match our records' - because for all they know you've gone blind - ie it is NOT their place to say it doesn't match. If you confirm your signature is now this then they accept it - if not then that is their fault.

Yes they do need to be sure it is you, but legally a signature was never intended to do that - hence we use personal verification such as date of birth, passcodes etc now - a signature means nothing really. Ring your bank, they want to know digits from passcodes and last usage etc - that is how you verify a person.