fwil's diary

[cymruambyth]

Re: fwil's diary

But IF is a big two lettered word!!!! Hopefully they won't be able to find it from 1999 and if they did they would have to get it from a scanned microfiche so the quality would be terrible and it wouldn't be worth all that time and effort when they can sell on to a DCA and offset as tax deductible.

[fwil]

Re: fwil's diary

no. Why would you sign so they can lift and copy it? Don't. If they don't send anything then they cannot enforce. End of.

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?

[cymruambyth]

Re: fwil's diary

No, a digital signature will be fine, they just won't accept it! As Niddy said they will then be in default.

[fwil]

Re: fwil's diary

Fine, they'll be in breach of any request and thus cannot enforce (s.127(3))

Am I best removing the 'signature' then?

edit: Sorry, just seen seen your last post!

[Never-In-Doubt]

Re: fwil's diary

I've seen different defenitions of a 'digital signature'.

I've just used a font that resembles a signature but is nothing like mine. I'm sending it today would I be best changing it?

no. Why would you sign so they can lift and copy it? Don't. If they don't send anything then they cannot enforce. End of.

[Never-In-Doubt]

Re: fwil's diary

Telco will refuse to supply anything without your signature

Fine, they'll be in breach of any request and thus cannot enforce (s.127(3))

[fwil]

Re: fwil's diary

Telco will refuse to supply anything without your signature

I've seen different defenitions of a 'digital signature'.

I've just used a font that resembles a signature but is nothing like mine. I'm sending it today would I be best changing it?

[cymruambyth]

Re: fwil's diary

Telco will refuse to supply anything without your signature

[Never-In-Doubt]

Re: fwil's diary

Normally update this and scan & mail me the agreements (don't blank bits out) - we're DPA authorised - your personal info is only seen by me).

[fwil]

Re: fwil's diary

OK, I'll send out four CCA requests today.

Tesco - Pre2007, Defaulted
Link - Pre2007, Defaulted
Smile - 2008, Not defaulted due to DMP
DLC - 2009, Defaulted

I have another Defaulted debt from 2004 that has just been sold on to PRA so I'll wait to hear from them PRA first before contacting anyone (?)

When i've heard back I will update with either by starting a new diary thread or by adding to this one, please let me know which is best or if there is any problems with this approach

Thanks

[Never-In-Doubt]

Re: fwil's diary

I'm in the process of sending out the CCA requests to all my DCA's and Banks today.

Only send a CCA to whoever is chasing the debt or the legal owner, so in most cases you'll be sending it to the DCA - not necessarily the original creditor (OC).

If you get stuck ask us and we'll guide you

[Never-In-Doubt]

Re: fwil's diary

Thanks Niddy, At the time DMP seemed like a godsend... took away the stress and the cost of keeping up with all those minimum payments!

It had been niggling me for a while that they say debts being sold to DCA's is a good thing but obviously they weren't able to recommend anything that would speed up the process!
Eventually, I bit the bullet, stopped the payments and was looking at making my own arrangements to pay off only those passed to DCA's. I got a shock speaking to Santander who advised me my debt had been written off and they wouldn't be chasing it but I was more than welcome to keep paying them(?!). I started googling for reasons why they may have written it off and ended up here. Thank God!


I'm not quite following the last bit of your post.
I'm in the process of sending out the CCA requests to all my DCA's and Banks today. Am i right to be utilising UE or is there other options I should consider first?

Thanks

Hiya

Ok, you're best to cease with the DMP - start a new diary and start from scratch - send a CCA to each creditor and we can then help you to utilise the UE process which will likely be better than sitting on a DMP for years which only preserves your credit file, ie cessation of payments means you'll be defaulted in 6 years. If you go on a DMP then the historic data stays for +6 years AFTER the DMP ends so if you're on a 10 year DMP, the bad CRA data shows for 16 years in total. No matter what happens, you can only be defaulted once per account.

Best to get defaulted whilst you assess your position and that's where we'll help you.

Questions? Fire away, read this guide to help with UE & the processes involved --> http://forums.all-about-debt.co.uk/s...-Read-me-First!

[fwil]

Re: fwil's diary

Thanks Niddy, At the time DMP seemed like a godsend... took away the stress and the cost of keeping up with all those minimum payments!

It had been niggling me for a while that they say debts being sold to DCA's is a good thing but obviously they weren't able to recommend anything that would speed up the process!
Eventually, I bit the bullet, stopped the payments and was looking at making my own arrangements to pay off only those passed to DCA's. I got a shock speaking to Santander who advised me my debt had been written off and they wouldn't be chasing it but I was more than welcome to keep paying them(?!). I started googling for reasons why they may have written it off and ended up here. Thank God!


I'm not quite following the last bit of your post.
I'm in the process of sending out the CCA requests to all my DCA's and Banks today. Am i right to be utilising UE or is there other options I should consider first?

Thanks

[Never-In-Doubt]

Re: fwil's diary

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.

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?

[fwil]

Re: fwil's diary

OK I'd wait and see what comes from the CCA and if you have stopped paying the rest I would also send CCAs, no harm in seeing what is what with those as well. Remember, knowledge is king in these things.

OK, i'll do the lot! I was probably thinking i'd test the water with the one most likely to be unenforceable (imho).

Also, as it amounts to a third of my total debt I feel morally entitled to that being written off due to the snowballing effect of interest and fees caused by irresponsible lending while I was naively attempting to consolidate my debts. (I'll never forget being told to put an 8k consolidation loan down as 'for home improvements, that'll go through' by one adviser at the UK's 'most ethical bank') So I'm angry enough to fight the system over some of the debt but I also accept responsibility for some of the borrowing that started the whole mess in the first place!

Anyhow, as you say, no harm in seeing what is what with the others so I'll put them through too...

Why is one not defaulted if you have been on a DMP? How long has the DMP been running?

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.



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

Thanks for your help!