Invisible Man's UE diary

[Joanna Connolly Solicitors]

When I was still in the DMP I asked the DMP provider to notify creditors of my then change of address. DMP provider refused, but must have since done so. The Cap One letter above was sent to the 'new' address, saying they couldn't accept my 'new' address unless I tell them directly! However I've since moved again, hence letting them know the latest address.

So to cut a long story short they do have your current address on file so will have no excuse to write (or issue legal proceedings or send any statutory Notices) elsewhere.

Di

[Still Waving]

If they are writing to you at your new address, I wouldn't even reply to it if it was me. They are just trying to get you to communicate with them.

Good point, as their agents are are writing to you anyway. So Cap 1 wrote to your 'new' address, which isn't your current one. So are their agents writing to your current address?

[JLC]

If they are writing to you at your new address, I wouldn't even reply to it if it was me. They are just trying to get you to communicate with them.

[JLC]

If they are writing to you at your new address, I wouldn't even reply to it if it was me. They are just trying to get you to communicate with them.

[JLC]

If they are writing to you at your new address, I wouldn't even reply to it if it was me. They are just trying to get you to communicate with them.

[InvisibleMan]

Why do they want you to update your address? Have they not got your current address?

When I was still in the DMP I asked the DMP provider to notify creditors of my then change of address. DMP provider refused, but must have since done so. The Cap One letter above was sent to the 'new' address, saying they couldn't accept my 'new' address unless I tell them directly! However I've since moved again, hence letting them know the latest address.

[Still Waving]

Why do they want you to update your address? Have they not got your current address?

[InvisibleMan]

Re: Invisible Man's UE diary

CAPITAL ONE

Credit card
Date commenced: unsure, early 2000s
Approx balance: £3,500
Date last full payment: 2009
Currently not paying
Status in arrears, defaulted 2009
Account owner: Capital One
DCA: Apex

Key:
Red text = creditor action
blue text = my action
green text = comment

2008

Apr? receive new card after change of address. On reverse of letter is one-side credit card agreement.

2009

April DMP started

Oct 19th S87 default notice served

2017

Jan Stop DMP payments

Mar 28th Chase letter recvd from Cap Oneignored

Apr 4th Letter from Cap One advising that Apex acting on their behalf Ignored

May 6th "welcome to Apex" letter from Apex. Ignored

June 1st Chase letter from Apex. Ignored

June 15th Chase letter from Apex. Ignored

Should I send the agreement recvd in 2008 to Niddy, or send s.78 request to Cap One / Apex?

July 7th Letter from Capital One asking me to contact them directly to update my address. I will respond in the next few days

UPDATE

[InvisibleMan]

Re: Invisible Man's UE diary

SAINSBURYS BANK 2

Unsecured Loan
Date commenced: 2008
Approx balance: £22,000
Date last full payment: 2009
Currently not paying
Status in arrears, defaulted 2009
Account owner: Cabot

Key:
Red text = creditor action
blue text = my action
green text = comment

2009

April DMP started

2010

Jun 8th Receive assignment letter from Cabot, enclosing photocopy of notice of assignment from Sainsburys (which I never received directly)

Jun 23rd I reply stating I do not accept the p'copy and need the original NoA.

July 14th One-line letter from Sainsburys saying the account is sold to Cabot. I have never received a NoA.

July 21st Letter from Cabot informing me that Sainsburys have confirmed they have sent a NoA. But they haven't....

Aug Letter from Cabot offering 85% discount for final settlement. Gives some indication of how little they paid to 'own' this debt

2017

Jan Stop DMP payments

Apr 14th Chase letter from Cabot. Ignored

Apr 29th Chase letter from Cabot. Ignored

May 31st "Talk to us" letter from Cabot. Ignored

To date I have never sent a SAR or CCA request.

June 22nd SAR sent to Sainsburys

June 22nd s.77-79 CCA sent to Cabot

June 22nd chase letter from Cabot. Ignored

July 12th Letter from Cabot acknowledging CCA request stating they cannot currently comply but have requested the relevant docs, and hope to comply within 40 days, after which they will write to me if not. They acknowledge the account is "temporarily unenforceable". Strangely they sent 3 identical copies of the letter on the same day, all dated the same and sent to the same address.

UPDATE

[InvisibleMan]

BARCLAYS (OVERDRAFT)

Overdraft on personal current account
Date account commenced: c.1993
Approx balance: £2,500
Date last full payment: 2009
Currently not paying
Status: defaulted 2009; a/c Terminated 2009
Account owner: Barclays
dca: Arvato Financial Solutions

Key:
Red text = creditor action
blue text = my action
green text = comment

Essentially, the current account had an authorised overdraft of £1,600, plus a 'reserve' of £1,000 (I was seen as a very good customer up to that point). When my finances hit the rocks, I used it all up.

2009
April DMP started. Barclays wrote to say they rejected the DMP offer, but nonetheless accepted it....

June Termination notice from Barclays.

2017

June 16thSAR to Barclays

June 22ndLetter from Barclays that Arvato Financial Solutions is managing the account on behalf of Barclays. Ignored

June 22nd chase letter from Arvato. Ignored

July 12th Letter from Arvato offering discount to settle account. Ignored

UPDATE

[The Tech Clerk]

yes oopppsssssss zooooooooooooommmmmmmmmmmmmm

[Joanna Connolly Solicitors]

I haven't used a digital signature before and wouldn't know how to produce my own.

I'm not the best person to ask how to do that since computer technology is not my greatest strength (ask anyone who knows me)

Di

[Joanna Connolly Solicitors]

Thanks Di,

I will send some proof of ID/address first, and see how that goes.

That all makes sense because you're not 'on the clock' to get the information since there are no legal proceedings issued. You're simply at the research stage.

You've made a valid SAR request which means they must deliver the goods within 40 days of your request 'or else'.

If they want to fritter away time with silly demands then so be it.

The deadline to comply is the deadline to comply. End of (as David Brent would say)

Di

[InvisibleMan]

The AAD way of doing things is to sign digitally.

Every now and then you get a pedantic original creditor who worries that they might be breaching the Data Protection Act if they send documents to a 'stranger'.

I expect in your case it's because you've not been corresponding with them since 2013(?) and you've also moved house since then so they can't be sure that you are really 'you' if the SAR request is coming from an address they don't have on file especially if you're not visible at that address on things like the electoral roll on your CRA file.

You could reply with a copy of some identification which has your name and address on it such as your current Council Tax bill and a utility bill to put their mind at rest. Or a copy of your Driving Licence where the signature will probably be so small there's nothing for anyone to copy.

If they persist in asking for your signature on a letter then make it unique so it's recognisable enough as your signature but with a twist such as a dot inside an 'O' etc.

Di

Thanks Di,

I haven't used a digital signature before and wouldn't know how to produce my own. I will send some proof of ID/address first, and see how that goes.

[Joanna Connolly Solicitors]

I've followed the guidance on the SAR template letter, which says to sign digitally, or type your name, which must be for a reason. I understand from the forum the reason for this is to reduce the risk of your signature being copied and used by a creditor/debt purchaser to re-construct documents

The AAD way of doing things is to sign digitally.

Every now and then you get a pedantic original creditor who worries that they might be breaching the Data Protection Act if they send documents to a 'stranger'.

I expect in your case it's because you've not been corresponding with them since 2013(?) and you've also moved house since then so they can't be sure that you are really 'you' if the SAR request is coming from an address they don't have on file especially if you're not visible at that address on things like the electoral roll on your CRA file.

You could reply with a copy of some identification which has your name and address on it such as your current Council Tax bill and a utility bill to put their mind at rest. Or a copy of your Driving Licence where the signature will probably be so small there's nothing for anyone to copy.

If they persist in asking for your signature on a letter then make it unique so it's recognisable enough as your signature but with a twist such as a dot inside an 'O' etc.

Di