Thanks silverfox, i will wait for a few days, see if i have anymore replies. In the meantime, spare time permitting, i will try to get hold of a scanner.

It does seem odd that Eversheds have sent the SAR after i sent the request to N.Rock.

lincsloon

One last bit of info. i sent the Subject Access Request to Northern Rock & received the paperwork back from Eversheds, somewhat bizarrely. :confused:

Some more detailed info., similar to the last post.

I received from Eversheds, who are acting on behalf of Northern Rock, my creditor, 6 sheets of paper. On the first piece it's got my referred balance & then transactions, over a page & a quarter, dating from 28th March 2007 up to 24th April 2009. These transactions are between Eversheds & Spectrum Financial who took over my debts/creditors etc.. in November 2004, by way of an Informal Arrangement. This particular unsecured loan was taken out with N.Rock between 2000 & 2002, i think. The rest of the 6 pages was taken up by what they term residual notes. From what i can make out they are records of phone calls, attempted phone calls & other such things as requests to both myself & Spectrum about certain things. These again, are only dated from 12th March 2007 up to 14th August 2009. And that's it. They obviously haven't sent from the date i started the loan. I have no copy of the agreement, no info. of when it was taken out, or whether i ticked a PPI box or not. No statements from inception to present date either.

What my initial aim was to see if i could get my debt eliminated completely, but any claim for monies back, would be nice also.

I am trying to find someone who has a scanner, so i can maybe scan these pages to send to CAG.

Sincerely

lincsloon

Hi silverfox or whoever,

You may or may not remember thread i started asking whether or not, a debt prior to 6th April 2007 could be deemed unenforceable. I received sound advice from yourself & proceeded to send £10 for a S.A.R to one of my creditors in March, i left it for a good while, (longer than the suggested 40 days), but then got on their case again recently, eventually receiving some documents, yesterday, in the form of what they perceive to be a S.A.R. However, there's a list of transactions & residual notes, but they only go back to 2007 , the transactions to 27th March & the residual notes 12th March. Now, i can't exactly remember when i took the loan out but it would be anywhere between 2000 & 2003, i no longer have any paperwork, so they haven't given me the full details, have they? This already makes me feel somethings not right, i may have a claim etc..?

My question is, what do i do now, i don't have a scanner, (you suggested scanning the docs & sending them to the forum, to see if i had a case), but i could copy the docs & send them to someone who could deal with this problem at CAG.

Thank you in advance for any help.

Yours Sincerely (lincsloon)

incase you need it

 

LETTER BEFORE ACTION

Section 7 – Data Protection Act 1998

 

Dear Sir/Madam

 

Account: xxxxxxxx

 

You have failed to comply with my Data Protection Act Subject Access Request dated (Insert Date).

 

If you do not comply within the next 7 days I shall seek a Court order obliging you to do so together with damages at the discretion of the Court and without any further notice.

 

 

Yours faithfully

 

ida x

Thank you ida, wholeheartedly appreciated

lincs x

Hi,

If you are on a low income, you can get fee remission from the courts.

 

You can complain to the ICO here:

 

Complaints about data protection policy - ICO

 

Just scroll down till you see data protection complaint form (for submission by email) or call 08456 306060

Thanks ever so much silverfox, sound advice as ever.

Write to the creditor again giving them a firm date to reply (usually 7 days from the date they receive it) If they then fail to respond, complain to the information commissioner and if you are feeling beliggerent, take them to court to force compliance.

The thing is, they haven't replied so do they have everything that they should have.

Just one thing. Who is your creditor?

Hi again silverfox, the creditor is Northern Rock, stubborn gits i'm led to believe, who will play all the 'stalling' games going. How do i go about complaining to the info. commissioner mate? Thing is, taking them to court is gonna cost me & if they play silly buggers i might have to try several times to get them to comply. However i will write to them again with the 7 day deadline.

Thanks again for your help bud.

It really is best to wait and see what comes back because there are so many different things that could affect PPI reclaims.

Once you do get your paperwork back, scan any agreements, cover up any identifying features and post the image here. One of the experts will have a look and say yay or nay.

If they fail to reply within the timescale, complain to the Information Commissioner

Hi all, esp. silverfox.

The 40 day time limit has well & truly passed, i sent the above letter template, photocopied & with recorded delivery on the 21st March. I used a cheque for £10 from my girlfriends account, to pay for the S.A.R. no paperwork has thus far arrived. My girlfriend has stated the cheque was cashed on the 8th April.

How do i contact the Information Commissioner, as suggested above, or do i contact my creditor direct?

Many thanks in advance.

No expert Clive, but an IVA might be your best route, 5 years time u will be debt-free. You have to be able to pay at least £200 per month, but u get no hassle from your creditors during this time. Check it out.

*to roll, lol

Sound advice my friend, the ball is well & truly starting, TYVM mate.

Hi again,

silverfox, or anyone, i printed off the above S.A.R template ready to send to my creditor, do i need to write in the date i sent it on the S.A.R

thanks silverfox mate, much appreciated

Once, and if, they send the required info. back from the sent S.A.R within the 40 days, what do i look for to decide whether to tell them that the debt is unenforceable and refuse to pay? It might be an obvious answer to some, but i'm a little unsure, i do know that credit card debts are the most likely to be unenforceable, but i also have a couple of unsecured loans.

If the 40 day watershed lapses & i have not received the required info. what do i do then?

Thanks for any info. in advance

Thanks very much silverfox, u too Abi, i will send the above template to all my creditors

lincs

hi Silverfox,

How would you do it yourself at minimal cost? I know they work on the theory that your creditors may have sold you ppi without your knowledge, but i'd like to find out before spending any dosh, with no guarantees.

Thanks for the info anyway

Are these companies who claim they can eliminate 5k to 25k unsecured debt, legit or not? Are the really able to prove the debts are unenforceable through 'fatal flaws'?

Any advice or opinions much appreciated.

Debs and Sammy thank you very much, over the next week or so i'm going to try these suggestions, will report back as soon as.

Regards

Stevo

Thank you very much PGH, i am going to try your suggestions, thus far, much appreciated mate.

Anymore advice at all please?

Hi Lincsloon

Firstly why are you pyying a company to look after your debts when you can get the same or better service from the CCCS, thereby saving you £80 a month

Secondly if some of your debts are credit cards or loans, and are with Debt Collection Agencies instead of the original creditor have you checked they can legally chase the debts by way of sending each DCA a CCA Request?

Thirdly, some OC's will not deal with paid debt management firms for the sinple reason that if you can afford to pay them then you can afford to pay more servicing your debts

Have you sent Rock a S.A.R - (Subject Access Request) to see if any charges etc have been applied to the account you can start to claim back?

Hi PGH,

Thanks for the reply and info. I didn't realise about CCCS, might be worth contacting them. All of them are now with dca's except Northern Rock. Do you mean Spectrum should check whether they can legally chase the debts?

How do i send an S.A.R and what content is included in the letter?

Thanks in advance for any help.

Regards

Stevo

Hi,stevo

I'm sorry to here your story, I know from personal experience how such a large debt can affect your life. There are lots of people on this forum who can really help with legal advise,but I will try & help from my own experience.

Ok,your paying money each month, when will you have these debts written off?

With an IVA its 5 years regardless of how much you owe, what exactly have you paid £800 for, & £30 mnth for 3 years?

Personally I'd be really p...... off with this company, & would look into whether or not you've been misold an arrangement.

If the figures don't add up, you have no assets... bankcruptcy might not be such a bad idea, but you still have time, after all Northern Rock will get ZERO £'s if you take this route,perhaps you should tell them .

I'm concerned, you say you owed £42k, but if these debts aren't regulated under an IVA [frozen], then they are probably still accruing interest & rising daily. Have you had any statements to confirm your current indebtedness?

Debs

Hi Debs,

Thanks for the reply and info. Firstly an Informal Arrangement reduces the amount of credit you pay for a period of 5 years. Then if you have saved a lump sum over that period of time it is offered to your creditors as a full and final settlement, they may accept or not. If, (as in my case), you are unable to save any reasonable lump sum, then the finance company tries to re-negotiate a further period of time for reduced payments, therefore i belive with this Arrangement the debt is not written off unless you have a large cash sum to offer creditors at the 5 year end.I would be interested in an IVA, but you have to have at least 200 pounds disposable income per month, i believe?

I paid Spectrum 800 pounds back in early 2005, which was their fee to contact all my creditors, get the 'ball rolling' and negotiate a reduction in what i owed. I pay them 30 pounds a month, i presume, to keep them at bay, under a banner of a legal organisation. Finally yes i have statements sent every month.

Regards

Stevo

Hi Lula

Thanks for the reply. The total i owe is as i wrote in the first post, this particular creditor, (Northern Rock), i owe 16,223 pounds.

I daren't look at my credit rating, but anyway how do you go about it?

Regards

Stevo

Hi,

Been using an Informal Arrangement with Spectrum Financial Protection since February 2005, i have debts totalling 42,700 pounds with 5 creditors. Every creditor has thus far accepted what i can afford to pay at present, but since late last year 1 of them,(Northern Rock), has been hankering me to pay more. They send threatening letters directly to me, even though Spectrum supposedly, are trying to head them off, so i ignore the letters or send them direct to Spectrum. Anyway, the other day i received County Court claim form documents via Northern Rock, direct to myself, immediately i phoned my caseworker at Spectrum, she advised me to sign and date the admission form and send it to Spectrum's legal department. So i've had a couple of days to 'stew' over things, became a little agitated and decided today to phone my caseworker and tell her i'm not happy with things, which are:-

1. Why when i've got this Informal Arrangement do they not acknowledge this and seem to ignore Spectrum and come direct to me, none of the other creditors do. She said, 'as an Informal Arrangement is not legally binding, (like an IVA), and just an arrangement between us and you.

2. The County Court have added 310 pounds court fee and 100 pounds to Northern Rocks amount claimed. I argued that i'm not happy with this and that Spectrum should do more to protect me. I'm paying something, even if it's a paltry amount, to Northern Rock, i haven't asked for these County Court forms to be sent, so why aren't Spectrum stopping them or helping me more? My caseworker replied that they can't stop them, (Rock), and reiterated the above in point 1 about the Informal Arrangementzzzzzzzzz.

I pay Spectrum a fee of 30 pounds a month, i feel they should help me more, initially i payed them a lump sum of 800 pounds to set this up.

When i took this Arrangement on in 2005 i had a mortgage but got rid as i couldn't afford it, now i lodge/privately rent. My only other asset is my car, which i need to travel to work 15 miles away.

Any advice, however small would be much appreciated.

Would an IVA be better for me? Do i even qualify for one? Last resort - bankruptcy? A lad i know done this, said it's the best thing he's done and he'll get his credit rating back after 3 years.

What does the experts on here think, should i 'trade in' Spectrum for a better organisation?

Thanks in advance,

Regards Stevo

Top, top people giving out the advice on here, if in doubt of any debt whatsoever talk to the experts, because i tell you what, i'll never, ever worry about debt again thanks to these wonderful people. Even if your debt is actually true, there is always solutions to anything on here. Send them a small donation to save a small fortune.