liandconsmum's UE Diary

[liandconsmum]

Re: liandconsmum's UE Diary

Not much going on here at the moment. Still just waiting for responses on things. Bit of a chuckle as Additions are sending statements saying they are charging £12 per month for not making a payment as per the agreement. It's tempting to send back a letter saying "what agreement?" as they have already stated they cannot find one at all. But I'm just filing them away dutifully.

We've had other things taking priority so I haven't really done any chasing up on the things that we're waiting on. But now things are on a more even keel, I'll check back into them hopefully this week - that would be the SAR request from Paypal Santander and the ICO follow up re Tesco.

[Never-In-Doubt]

Re: liandconsmum's UE Diary

Best of luck - glad things are getting back to normal with you..... keep us updated when anything changes. If no reply to SAR after 40 days then complain to ICO here: ---> http://www.ico.gov.uk/complaints/data_protection.aspx

[liandconsmum]

Re: liandconsmum's UE Diary

Okay. Received a letter from a new DCA regarding the Halifax account.

Previously with this account we've:
- sent CCA request to DCA
- received incomplete CCA from Halifax
- sent letter to DCA indicating that it was unenforceable
- received letter from DCA stating that as we didn't agree that it was enforceable and they felt it was, they were returning the account to Halifax
- heard nothing from Halifax until today's letter

This is from a different DCA stating all of the usual threats:
- Halifax have passed your debt to DCA with instructions to recover your outstanding balance in full
- may commence legal action
- may instruct a debt collector to visit your home... if you do not make an acceptable payment proposal
- if you think you cannot pay debt in full at present then call us immediately
- you should make your payment directly to us as this is the only way to ensure that our action stops immediately

Okay. Pretty standard letter, IMO. So... do I start all over again by requesting the CCA from this company now? I don't have a problem with this if that's what I need to do. Just making certain is all. I imagine it will be the same unenforceable CCA that was sent last time.

[Never-In-Doubt]

Re: liandconsmum's UE Diary

Hiya, all you do is send this to the new DCA: ---> viewtopic.php?p=20203#p20203

[liandconsmum]

Re: liandconsmum's UE Diary

Brilliant - thanks so much!

[Never-In-Doubt]

Re: liandconsmum's UE Diary

Brilliant - thanks so much!

gh gh

[liandconsmum]

Re: liandconsmum's UE Diary

Ok. Letter sent re Halifax account to DCA as advised.

Also sent letter to bank re overdraft. Am paying £50 per month to get that paid off - have had an agreement with them and doing this for over 8 months now. £50 payments per month and they do not charge any interest or fees, which was working well. Joint account, but spoke to them myself and stated that I wanted to make sure there was no offsetting from this account to pay off any of DH's debts which are (the ones that are enforceable) on a DMP (which they agreed to, although we all know an agreement over the phone isn't worth the paper it's not written on, eh?). We received a letter addressed only to DH regarding our joint account from a DCA stating that he needed to make payment arrangements for this account. Rather cheeky, IMO, as I am paying monthly as per the agreement with the bank. So I've put together a letter which I'm sending to the DCA stating that they need to contact their client as there's obviously been a communication error, as this account is being paid monthly according to an agreement with the bank and has been for well over 6 months. Just makes me want to scream that we try to work with them, and they send it to a DCA in DH's name only. Arrrrrrgh!!!!!

I'll be checking back soon re that SAR request, as I still haven't seen it (haven't heard anything at all from them). And nothing from Tesco either, although to be fair, I was a slacker and didn't get back with the ICO either. So I'll get that done as well, probably this evening when I have some time after the children have gone to bed.

Status update on everything:

Tesco loan - need to respond to ICO's comments. UE at this point, as no CCA received.

Virgin cc - requested SAR in October. Still awaiting response. Have heard nothing from them. Once SAR received, will be requesting reimbursement on PPI and any charges.

Halifax cc - sent letter to DCA advising sold whilst in dispute, as still have not received complete CCA from Halifax. UE at this point.

Paypal Santander cc - making regular reduced payments. Just recently received default notice. Waiting to see if that means they are going to send it to DCA or not. This is next in line to request SAR and request reimbursement of PPI and charges.

MBNA cc - UE

Additions - UE

Santander cc - zero balance

Santander loan - paid off (with PPI refund), zero balance (we haven't received a receipt stating paid off in full yet, if we don't receive one by end of month, I'll be sending a letter requesting one)

Just wanted to also ask - when does the 6 year clock start on accounts please? I wondered if it was when they received their last payment? Or do these letters going back and forth put off the start of the 6 years?

[Never-In-Doubt]

Re: liandconsmum's UE Diary

Hiya

Ok this is long and confusing so i'll stick to answering the specific question at the end - the statute barred clock (assuming that's what you mean) starts from the day after the first missed payment so an example would be you last paid Dec 1999 - no matter how many letters you send them disputing the account, the DEBT is not being acknowledged - it would become statute barred in January 2006 which is 6yrs and 1 month after the last payment.

make sense?

As for the DCA point, at the top of your message - well to be frank it doesn't matter what name it is in, does it? As a joint account they usually look at the first named so I presume it is in the name of Mr X & Mrs X...? If so that is why they used his name.

It really doesn't matter who they chase - but if you have an arrangement then you ought to be reminding them of it.

[liandconsmum]

Re: liandconsmum's UE Diary

Yes, I did send them a letter reminding them of the agreement. It was just odd, because they've starting sending receipts/statements to me regarding the payments with just my name on it. And then now this letter to DH regarding the same account through the DCA with just his name on it. Personally, I think they're trying to collect twice.

Sorry, didn't mean for that last post to be confusing. I have just been trying to keep a running tally of what we're working on.

Thank you for the information regarding the statute barred date. So if our last payment was June 2010 before we stopped payment because of no CCA being sent, then July 2016 would be the date it was statute barred. I will keep that in mind.

[Never-In-Doubt]

Re: liandconsmum's UE Diary

Hiya

Yea that is correct regards SB (i.e. June 2016) however the default will work the same and also drop off after 6yrs. Basically, with the UE accounts (or those you're blagging) - you just ignore them forever - there'd be no need to contact them again after no news for 12 months.....

See what happens, you'll be alright - statute barred only protects you from them trying to claim again at a later date, however the way collections work is as follows (rough guide only) when you ignore the lender/dca:

0-12 months - they will hassle you repeatedly, usually several times a month
13-36 months - they will do one annual "Outstanding Debt" search and if that flags you they will send a speculative letter otherwise all they do is send annual chaser letters "speculative" at the last known address they have on record for you
37+ months - unusual you'll hear from the lender/dca again unless you inadvertantly link to the old debts by way of electoral regitster, linked acount/address etc etc

The above are examples of what happens when you simply ignore a lender/dca. It is their minimum search guide, however some may well search you/chase you some more but as a whole, if you avoid them for 3 years you'll be home and dry.....

[liandconsmum]

Re: liandconsmum's UE Diary

Interestingly enough, Santander has closed our joint bank account with the overdraft that we were paying monthly on (by agreement with them). No warning at all that they were closing it, just received my payment (by standing order) back with reason listed as "account closed" on it. No letter from Santander, no notice at all. Which means we'll be hearing from a collection agency again soon, I suppose. :grumble Well, as far as I'm concerned, I'd almost rather deal with the collection agency than Santander on this one. I am well and truly disgusted with this.

Debts have had to take a bit of a back seat here recently due to two cracked teeth (mine) and a bunch of dental appointments and a bunch of appointments for DS2 for various things at the hospital. Add to that school runs, upcoming nativity, family events, and such... and it's been insane here.

I plan on digging in to the debt stuff this week again and getting things sorted. Still nothing from Tesco over their ridiculous nonsense about not providing the CCA unless they receive DH's signature. I'm tempted to just wait it out and see what they do. We've asked them repeatedly and they still refuse. I may wait until the New Year and take it up again then and follow it up. Give myself a break.

[Never-In-Doubt]

Re: liandconsmum's UE Diary

I'd just wait and see what they want to do next, as you say you have other priorities so don't worry too much about these right now. Good luck at the dentist! gh

[liandconsmum]

Re: liandconsmum's UE Diary

Still just coasting at the moment. Although we've recently gotten some post from DCAs, so I will need to look through it in the next day or so. Still nothing from Tesco - as long as they are ignoring me, I'm happy to ignore them.

ETA: We've received another letter from the current DCA for the Halifax account. Attached to it is one signature page from the CCA. That's it. And a small blurb from the DCA saying to pay up.

Previously with this account we've:
- sent CCA request to DCA
- received incomplete CCA from Halifax
- sent letter to DCA indicating that it was unenforceable
- received letter from DCA stating that as we didn't agree that it was enforceable and they felt it was, they were returning the account to Halifax
- received letter from NEW DCA stating pay up.
- sent letter to new DCA as advised by Niddy.

Due to the recently noted email problems, no point emailing a copy to be reviewed. LOL But as I'm reasonably certain that one lone page of the CCA (which was one of the ones included in the original CCA response that was unenforceable) isn't enforceable, so I will be sending them back a response as such, most likely the same response I sent to the first DCA, indicating that it is unenforceable.

[Never-In-Doubt]

Re: liandconsmum's UE Diary

Due to the recently noted email problems, no point emailing a copy to be reviewed. LOL But as I'm reasonably certain that one lone page of the CCA (which was one of the ones included in the original CCA response that was unenforceable) isn't enforceable, so I will be sending them back a response as such, most likely the same response I sent to the first DCA, indicating that it is unenforceable.

Morning!

Yep, send the same stuff as first time round.....

Keep us updated

[liandconsmum]

Re: liandconsmum's UE Diary

Interesting and more interesting. DCA for Tesco has sent me a demand letter, saying we've been ignoring them. Actually we were ignoring Tesco as they were demanding a signature for the CCA request which they STILL have not sent. We've only been wrangling with this since July.

Ever so tempted to send the DCA an incredibly brief letter stating this:

"Dear DCA,
Still waiting for the CCA that was requested in July of 2010."

Whatcha think? I suppose you have something more appropriate here.. I'll go look. LOL They're saying "one last chance to avoid legal" and such. Although I would be surprised to see them take a legal stance when Tesco still hasn't provided the CCA.