liandconsmum's UE Diary

[Never-In-Doubt]

Re: liandconsmum's UE Diary

Brilliant - thanks so much!

gh gh

[liandconsmum]

Re: liandconsmum's UE Diary

Brilliant - thanks so much!

[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

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

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

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 - chat soon. y

[liandconsmum]

Re: liandconsmum's UE Diary

Yes, makes sense. I'll write something up over the weekend and email it to them so they have it Monday morning. My brain is tired today. LOL

Thank you!

[Never-In-Doubt]

Re: liandconsmum's UE Diary

Hiya

Point is, you are not required to sign - regardless of whether it is a s.7 DPA request (SAR) or not. Reason being; you're requesting something under the CCA, too right, but you're then relying on the DPA regards to the subject matter at hand - the demand of signature, which under the DPA is not necessary.

I think you should write backto / ring the ICO and explain that you're not wanting them to get involved in the actual CCA Request - you want them to get involved because under DPA the lender has no right to demand a signature, which is under the DPA1998 NOT the CCA1974.

Make sense?

[liandconsmum]

Re: liandconsmum's UE Diary

Niddy - this is the response we just got from the ICO:


"Thank you for your enquiry to the Information Commissioner’s Office (ICO) regarding access to copies of credit agreements.

Under sections 77 and 78 of the Consumer Credit Act a creditor must provide a copy of a credit agreement within 12 working days of receiving a request in writing and the appropriate fee.

Complaints about requests of this nature are not covered by the DPA98. Unless an individual has specifically made a subject access request under section 7 of the DPA98, we are unable to consider individuals’ rights of access to copies of credit agreements.

I can therefore only advise that you contact Consumer Direct:"

How annoying. So they can only deal with it if we did an SAR request, which would require a signature? Which is what we are trying to avoid giving them..... sigh ... so I guess we now have to contact Consumer Direct? What if anything can they do? Website doesn't help much

[Never-In-Doubt]

Re: liandconsmum's UE Diary

Actually, they've not charged any late fees or anything that I can remember. Just sent "you've missed a payment" notices and sent it to a collection agency. I'll double check, but DH doesn't recall seeing any either.

Ok well if not then don't worry, it's still a great result

[liandconsmum]

Re: liandconsmum's UE Diary

Actually, they've not charged any late fees or anything that I can remember. Just sent "you've missed a payment" notices and sent it to a collection agency. I'll double check, but DH doesn't recall seeing any either.

[Never-In-Doubt]

Re: liandconsmum's UE Diary

yep I AM that predictable hehe ;Sh I have to add only since I "met" you.....

Yea but even if you only get a few hundred out of it, it's still better than nothing so you know what? being predictable is good and healthy competition for the banks!

[findingaway]

Re: liandconsmum's UE Diary

yep I AM that predictable hehe ;Sh I have to add only since I "met" you.....

[Never-In-Doubt]

Re: liandconsmum's UE Diary

Sorry to hijack LACM lol
Niddy will I be able to claim charges off my 2 that were repaid by ppi payout? (not miss-sell) If so, should I wait til I've got the cheque that's meant to be on it's way in my hands first? or just claim now? Than Q

LOL, how did I guess you'd be along sniffing that - hehe. Its worth a go at asking, but no guarantee they will refund them. Bear in mind PPi and Charge claims are separate - so you're more than entitled to claim after you get the cheque in your grubby mits hehe - its brill getting money from the banks! They must hate having to give it out as easily as they take it...

Sorry, deviating again! ;LOL ;LOL

yep, go for it once you get your payout and it clears! ;-y