liandconsmum's UE Diary

[liandconsmum]

Re: liandconsmum's UE Diary

MBNA - still waiting for SAR. Will check the date that I sent it and send reminder if needed.

TESCO - I have received the most rambling confusing letter from Wescot re Tesco that I have ever received. It includes the following:

- Tesco states they complied with your CCA request on 08 March 2011, which was passed to Robinson Way who were administering the account at the time (no mention that the original CCA request was in JULY of 2010! And no response to the fact that the CCA response was incomplete.)

- they have placed the account on hold while the client "investigates your SAR and no further letters will be issued to you in this time." (I'm awaiting the SAR with interest, as two years ago they couldn't find the file AT ALL when we questioned the PPI)

- an apology about a misdated letter, asking if I can send a copy of the misdated letter. (I did not say the letter was misdated - I said they sent me two letters stapled together for some unreason known - the same letter with 2 dates a week apart.) They are saying the letter shows it went out to us on the earlier date. Perhaps they are missing the point - the letter was re doorstep collections, which I have expressly told them will not be happening!

- at least they have confirmed that they hold no telephone number for us and any further correspondence will be in writing.

- they are saying they have now resolved my complaint. Not by a long shot they haven't. They haven't sent a complete CCA response, they haven't sent the SAR, and they're still holding out the thought of doorstep collection.

Back to the drawing board. I will put together an appropriate letter this weekend and send out next week in response. Something along the lines of "this complaint has NOT been resolved until the following have been completed: complete CCA, complete SAR including all PPI information, and an acknowledgement that there will be no doorstep collection attempt." And anything else I may have missed - will have to go through all the paperwork. Because as soon as I get the PPI and SAR info, I'm going to demand a reimbursement of the PPI. I still strongly suspect that Tesco has lost the paperwork, based on their comment 2 years ago that they couldn't locate the paperwork and the fact that they are being so dodgy about sending me anything.

[Never-In-Doubt]

Re: liandconsmum's UE Diary

Yea, keep on top of things and chase if no response within the 40 days...

Good Luck

[liandconsmum]

Re: liandconsmum's UE Diary

As it stands right now:

MBNA - still waiting for SAR

Tesco - still waiting for SAR & CCA (as they insisted we asked for it again, so we went along with it LOL). No response back yet re the "no signature needed" letter other than "we're looking into it" and DCA has put it on hold.

Halifax - DCA seems shocked that there is some issue with account (UE), and has put it on hold while they look into it. Surprising, really, as we told them in the spring when they had this account before that it was UE. Ah, well.

Just waiting at this point. If no response soon from the SARs, then I'll follow up and see what the hold up is.

[Never-In-Doubt]

Re: liandconsmum's UE Diary

Because they are not required to have a signature, so simply advising them of that is not being difficult. Giving them someone else's signature could be construed as being misleading. It's being direct vs being deliberately misleading.

I would always say refuse to sign as much as possible as you already have them over a barrel based on the fact they're chasing you for a debt at your home address, which is also the debt from the OC servicing address - then when you ask for info they demand a signature? Ermm, ok - so they've already breached DPA in several places, so continue to refuse to sign.

As CC says though, in some situations it is best to get a mate to sign or download a font pack, and sign using that - it actually helps you, cos if that even then appeared on a document you would argue that exact fact in court, ie they didn't have an agreement otherwise they'd have sent me one, however when they demanded I sign I refused so they refused to send the agreement. When I gave in and signed using a friends handwriting, an agreement suddenly appeared sharing this signature thus the actions posed by the DCA prove they were out to deceive from the outset, with no original agreement - strike out please m'lord

I hope you get the drift, yea argue all you want but there has to be a time where you take action against them for their breaches, or they try and enforce the debt. Point is, refusal to sign does not quantify genuine dispute of the account so tread carefully....

Continue to refuse for now, refer them to the following (again):

For the final time, 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, to date you have happily sent statements and correspondence containing extensive sensitive private information to the same 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? Please answer this point in your reply, I'd like to know why.

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. 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.

Taken from Signature Request - Formal Response

[liandconsmum]

Re: liandconsmum's UE Diary

Because they are not required to have a signature, so simply advising them of that is not being difficult. Giving them someone else's signature could be construed as being misleading. It's being direct vs being deliberately misleading.

[CleverClogs (RIP)]

Re: liandconsmum's UE Diary

Clever clogs - I actually thought of signing it myself, as my handwriting is sooo completely different from DH's. But I'd rather go about it straight forward at the moment, as if it goes into court, I don't want to look like I was trying to deceive them or be difficult. Silly, I know, but there it is.

I would be interested to learn how you believe that refusing to give them a signature (which they do not actually need) might not be perceived as "being difficult".

All that they have requested is "a signature", without specifying whose signature.

[liandconsmum]

Re: liandconsmum's UE Diary

Clever clogs - I actually thought of signing it myself, as my handwriting is sooo completely different from DH's. But I'd rather go about it straight forward at the moment, as if it goes into court, I don't want to look like I was trying to deceive them or be difficult. Silly, I know, but there it is.

[CleverClogs (RIP)]

Re: liandconsmum's UE Diary

RE: Halifax still..

when we told them it was UE, they sent what I think they are claiming is a "current T&C" printout as it our current address on it, and current fees. (Although I note that buried in the form, it states regarding post to us that "we will treat them as arriving two days after we posted them." Useful info to have, I suppose, especially regarding the DN and the constant switching from DCA to DCA.

This is merely the "posting rule" - link - devised over a century ago when mail was never misdelivered and when full mail bags could not be seen floating down a river on hot summer days.

[CleverClogs (RIP)]

Re: liandconsmum's UE Diary

just like clockwork... letter from Tesco, refusing to send CCA until DH gives them his signature (letter says "to ensure that we are releasing the account information to the correct party we need to verify your identity") ... LOL Last time it took them 9 months to comply (still without a signature...)

Any bets on how long it will take this time?

ETA: I'm going to wait a few days before I respond with the "no signature needed" letter, as I suspect I'll get a similar response from our SAR request. LOL

Why not humour the numpties by seeming to give them a signature, albeit one not written by DH? Just download a suitable handwriting font such as JohnLennon - link and, in 36 point and blue ink, use that for his name to make it look like DH had used a fountain pen.

Should they "get creative" and apply that "signature" to any documents, it should be quite easy to prove such "signatures" to be forgeries and thereby proof of a criminal offence.

[oldyboy]

Re: liandconsmum's UE Diary

Hi L and C's mum.

I've been looking through your thread and some others as I too plan to go down the UE route, and was just about to start my diary when I read some of your posts and noticed some things that creditors and DCA's are trying on that contravene OFT guidelines (Para 2.6):
1 Using more than 1 DCA after the same account resulting in harrassment.
2 Not notifying you when passing an account from one agency to another.

This seems to have been the case on both counts with one of your creditors, and it might be worth a complaint to the OFT.

As for having no Notices of Assignment I'm not sure if they're needed if a DCA is just acting for a creditor, but I've tripped up a few by telling them no NoA, no comment and demanded they prove their entitlement first. It winds them up no end!

Sorry for the long post but IMO it's all extra ammo to fight back with!

Oldy

[liandconsmum]

Re: liandconsmum's UE Diary

It does seem messy, doesn't it, the whole selling of accounts. Honestly, I have not had ONE creditor actually ADVISE us when it was going to a DCA, much less being sold. And I've had a few actually (including Halifax) that ignored letters we sent asking basically who in the hell actually owned and was collecting on the debt at any given time. I have yet to even see a notice of assignment - not sure what such a creature looks like.

[helmsman]

Re: liandconsmum's UE Diary

Okay, I think I've sorted a letter to the solicitors. I'm just tired of this round and round thing from Halifax, so I'm sending it to the solicitors and to Iqor (the DCA).



Not horribly subtle, but not over the top either (which, believe me, I was tempted to do!).

I'm contemplating requesting an SAR from them, to see exactly what they have - as they've sent any CCA information piecemeal and I'm curious what specifically they have. Plus I want to browse what PPI was on the account, as I know it had it for quite some time, as well as charges.

Hi,
I shall watch the reply you get from Iqor with with interest as they have taken over my Halifax acc, they are the third dca so far and although its annoying having to send acc sold whilst in dispute ect it does seem to work well.
Best of luck

[liandconsmum]

Re: liandconsmum's UE Diary

Okay, I think I've sorted a letter to the solicitors. I'm just tired of this round and round thing from Halifax, so I'm sending it to the solicitors and to Iqor (the DCA).

Having received your letter dated 22 August 2011, I find myself once again reminding you that this account is in dispute and has been for quite some time without any attempt to resolve it by Halifax. I am enclosing a copy of my previous letter to your firm, dated 13 February 2011, for your information.

As both Halifax and Iqor Recovery Services are well aware of this situation, I can find no legitimate reason why they would present this account to your firm. Therefore, I can only conclude this is an attempt at harassment. I am also enclosing a copy of a recent letter to Iqor, dated 19 July 2011, showing that they have clearly been advised that the problem is still unresolved.

I will also remind you that your firm may be liable if you knowingly act on a disputed debt. I expect this account to be returned to Halifax and to have no further contact from you.

Not horribly subtle, but not over the top either (which, believe me, I was tempted to do!).

I'm contemplating requesting an SAR from them, to see exactly what they have - as they've sent any CCA information piecemeal and I'm curious what specifically they have. Plus I want to browse what PPI was on the account, as I know it had it for quite some time, as well as charges.

[liandconsmum]

Re: liandconsmum's UE Diary

RE: Halifax still..
Upon looking at the CCA, they've sent a couple things. First, they sent a double sided sheet - one side "for your signature" that has details, signature of them and DH, but no prescribed terms. Second side has "conditions of use". The terms listed on them, however, differ from the additional pages sent along with it, printed up, as the interest rates are all different. And it's not a current copy of T&C, as it has our old address and old fees listed on it. So if they're implying they sent all of that initially when the card was received, I'm puzzled why it would have 2 different sets of rates on it. Also, seems like I saw something about the prescribed terms having to be on the same page as the signature? (could be wrong though)

Then, when we told them it was UE, they sent what I think they are claiming is a "current T&C" printout as it our current address on it, and current fees. (Although I note that buried in the form, it states regarding post to us that "we will treat them as arriving two days after we posted them." Useful info to have, I suppose, especially regarding the DN and the constant switching from DCA to DCA.

Niddy - I apologise for the posts. I didn't realise I had put that many on! I'll go sit on my hands now and read quietly.

[Deepie]

Re: liandconsmum's UE Diary

Keep that DN very safe