What2donext / UE Diary

[Never-In-Doubt]

Re: What2donext / UE Diary

Nothing of any great significance Niddy,we have just sent the above today,as advised by In-2-Deep
Thanks for asking
What2do

Ok thats correct, they are talking shyte cos in essence the fact they are chasing you for a debt suggests they are in breach in data protection based on this most recent letter - so in essence they are saying you need to provide proof to them before they act on your s.78 request in line with s.7 DPA1998 yet here they are conversing with you anyway - so they're in default and as such can never enforce this agreement and if they try you'll use this in your defence....

[what2donext]

Re: What2donext / UE Diary

HSBC Credit Card (Mr)
Date Commenced - 09/10/99 . Balance - £3140
Last Full Payment paid - 8.6.11
DMP Payment paid - 28.6.11 (no more payments being made)

07/07/11 CCA request sent
02/08/11 CCA received
02/08/11 CCA sent to Niddy
03/08/11 Niddy says
04/08/11 sent letter CCA Query - Missing Prescribed Terms by recorded delivery
16/08/11 Letter received stating "Failure to respond will seriously affect your credit rating,Please be aware of other possible consequences if you do not resume payments,If you continue to fail to respond to our attemps to contact you we will serve you with a default Notice, Continued non payment may result in your account being passed to a debt collection agency,or legal action being taken to recover the debt etc etc .

Will just ignore unless advised differently,they must really love getting through to my truecall and getting no answer

[Never-In-Doubt]

Re: What2donext / UE Diary

Yada yada - just ignore.

[what2donext]

Re: What2donext / UE Diary

Asda Card Santander Credit Card (Mrs)
Date Commenced - 23/11/06
Approx. Balance - £976
Last Full Payment paid - 17.6.11
DMP Payment paid - 28.6.11 (no more payments being made)

07/07/11 CCA request sent
28/07/11 Received CCA also received in seperate envelope addressed to Mrs but has different client name & account number stating
"you have requested information pursuant to the Consumer Credit Act 1974. Please note that as the account is closed and there is no balance required or due in the future, we are no longer obliged to provide this information, therefore, I am returning your cheque" Already emailed it all to Niddy
29/07/11 Niddy says
29/07/11 Blagging it for now Sent CCA Query - Missing Prescribed Terms by recorded delivery
18/08/11 Received letter stating "That the copy of the agreement we supplied in response to to your request for information under the CCA 1974 was a true copy of the agreement signed by you saying it is enforceable,also containing another larger copy of what they originally sent.

Should we ignore or ask them to accept token payments seeing as it's enforceable

[what2donext]

Re: What2donext / UE Diary

Egg Credit Card (Mrs)
Date Commenced - 17/12/01
Approx. Balance - £2655
Last Full Payment paid - 16.6.11
DMP Payment paid - 7.7.11 (no more payments being made)

07/07/11 CCA request sent
18/07/11 Received CCA Can you please advise what pages to email Niddy as there are 8 pages of terms and conditions, a copy of the application form and 14 pages on the credit agreement, many thanks
19/07/11 Niddy says

19/07/11 CCA Query - Missing Prescribed Terms sent recorded delivery
18/08/11 Received letter saying the documents provided constituted a true copy of your agreement,we have now provided all documents required by law and do not consider there to be a genuine dispute as to the enforceability etc etc.

What should we send back now ?

[Deepie]

Re: What2donext / UE Diary

What should we send back now ?

Just ignore for now & see what they send next.

[Never-In-Doubt]

Re: What2donext / UE Diary

What should we send back now ?

Nothing! Sit tight......

[what2donext]

Re: What2donext / UE Diary

Nothing! Sit tight......

Thanks Niddy & In2Deep what about the Santander account which is enforceable ?

[Deepie]

Re: What2donext / UE Diary

Thanks Niddy & In2Deep what about the Santander account which is enforceable ?

Same... Just ignore for now.

[what2donext]

Re: What2donext / UE Diary

Sygma/Creation Credit Card (Mrs)
Dated Commenced - 25/5/06
Approx. Balance - £5297
Last Full Payment Paid - 23/5/11
DMP Payment Paid - 22/6/11 (no more payments being made)

07/07/11 CCA request sent
06/08/11 Recieved letter with CCA request and postal order in asking for a signature before they can process as part of security procedure
08/08/11 CCA Request-Demand of Signature by Creditor letter sent
13/08/11 Recieved letter with CCA request & postal order returned again stating
"Whilst we acknowledge the fact that the Consumer Credit Act 1974 does not require that you supply a copy of your signature before response with a s77/78 request, the data protection principles under the Data Protection Act 1998 (as amended from the original Data Protection Act 1984) requires us to excercise proper security with the disclosure of personal data.
I return your original copy of which i have kept for our records,and should be grateful if you would sign it.Alternatively,if you cannot sign it,please send me appropriate copy documentationto prove the bona fides of this request
In the meantime i will assemble the neccesary documentation which will be released upon receipt of your response validating this enquiry"
15/08/11 Signature Request - Formal Response letter sent
20/08/11 Recieved letter returning all our previous letters stating
"In our previous correspondence we have already acknowledged the fact that the Consumer Credit Act 1974 does not requre that you supply a copy of your signature before response with a s77/78 request,however the data protection principles under the Data Protection Act 1998 (as amended from the original Data Protection Act 1984) requires us to excercise proper security with the disclosure of personal data. I can confirm we are in possesion of your signed agreement, as we posses this document we have been able to send monthly account statements and letters in relation to your agreement with us. Letters which you send to us require manual intervention, therefore the agreement cannot be used in this instance".
In your correspondence you state "if it is for Data Protection purposes then i can supply you with documentation to substantiate my identity to you " Therefore we require this to enable us to send our response to you.
I have tried contacting you via telephone to validate this request, but have been unable to contact you,should you wish to verbally confirm this request please contact me directly.

What do we send back now ?

[swanfan]

Re: What2donext / UE Diary

Ok thats correct, they are talking shyte cos in essence the fact they are chasing you for a debt suggests they are in breach in data protection based on this most recent letter - so in essence they are saying you need to provide proof to them before they act on your s.78 request in line with s.7 DPA1998 yet here they are conversing with you anyway - so they're in default and as such can never enforce this agreement and if they try you'll use this in your defence....

What do we send back now ?

Nothing, just read Niddy's post above.

They claim they're not sure of who u are, so if they try to enforce they're em fooked.

[what2donext]

Re: What2donext / UE Diary

Nothing, just read Niddy's post above.

They claim they're not sure of who u are, so if they try to enforce they're em fooked.

Cheers Swanfan

[what2donext]

Re: What2donext / UE Diary

HSBC Credit Card (Mr)
Date Commenced - 09/10/99 . Balance - £3140
Last Full Payment paid - 8.6.11
DMP Payment paid - 28.6.11 (no more payments being made)

07/07/11 CCA request sent
02/08/11 CCA received
02/08/11 CCA sent to Niddy
03/08/11 Niddy says
04/08/11 sent letter CCA Query - Missing Prescribed Terms by recorded delivery
16/08/11 Letter received stating "Failure to respond will seriously affect your credit rating,Please be aware of other possible consequences if you do not resume payments,If you continue to fail to respond to our attemps to contact you we will serve you with a default Notice, Continued non
payment may result in your account being passed to a debt collection agency,or legal action being taken to recover the debt etc etc .

25/08/11 Received letter in response to letter sent 4/08 /11 with another copy of signed agreement

Emailed letter to Niddy to look at

[what2donext]

Re: What2donext / UE Diary

Barclaycard Credit Card (Mrs)
Dated Commenced - 14.6.99
Approx. Balance - £3138
Last Full Payment Paid - 19.5.11
DMP Payment Paid - 22.6.11 (no more payments being made)

07/07/11 CCA request sent
25/08/11 Letter received stating "We are concerned you are still behind with your payments etc also we may have no alternative but to instruct Mercers Debt Collection Ltd to send you a default notice etc"

Guessing we ignore but they still haven't sent CCA do we need to send anything else ? or should we check to see if they have cashed PO we sent

[MrsD]

Re: What2donext / UE Diary

not a bad idea to check and take note, you can check on the PO website through the PO number.