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  1. I wonder if someone can give me some advice. In November last year I lost my job, I had managed, up to that point to keep my head above water to a certain extent. Now I am on JSA of £71.40 a week and I can no longer keep afloat. I contacted Stepchange who told me to contact M&S and get a copy of the T&C's and also the CCA agreement as I took this out in store with one of their reps in 2006. I rang M&S and they said it would be sent out, it was not. In December I rang again and asked for the documents. Still nothing. This morning I received a default notice and I rang M&S they said they are sending it out but that my account is now seriously in default. I told them that I had repeatedly requested the CCA previously. They have said it will be with me in the next seven days. Stepchange have sent me a pack out for sending out letters offering to pay £1.00 as that is logically all I can afford to pay. This i am in the process of doing. The total value of the M&S debt is in excess of £10k because this is a prior agreement taken out before 2007 and M&S have stated to me that there was no updated agreement, how enforecable is this debt exactly? I have had a look at some of the htreads on here and I see that some of you have really been through a massive wringer with them challenging the legal veracity of these debts, but has anybody actually come out of this the other side and that has been the end of it i.e have they concluded that the debt is not valid and walked away writing the debt off? Maybe I am in lala land with this regard I don't know. My debt was not clocked up by riduculous spending but by legal fees. I had a boundary dispute on at my home which ended up costing me well in excess of £35k. The solicitors needed paying and although in the past I was really careful with this card, I turned to using this card to pay the legal debts and it just flipping well spiralled. I won my boundary dispute but now I have another problem and that is they are now causing me sleepless nights worrying over this damn debt. My home is up for sale and I will probably end up renting for a bit to be honest. In reality though I just hope I can find a way out of this mire!! Thanks in advance
  2. Hi, I have spent a fair while searching the forums for this, but cannot find a similar problem, so here goes.. I am being chased by Lowells for a cc debt with HBOS unpaid from 2009, it seems to have just been taken over. I recently sent a SAR to HBOS with my signiature on the anti tamper signature image I found on here. I have finally have[ATTACH=CONFIG]45409[/ATTACH] a reply acknowledging my request and the fee, but within the letter it states 'Unfortunately we are unable to verify your signature' and that I need to call them, which of course I have no intention of doing so. My SAR and the reply are attached, with all the personal information removed. How can I reply to this, and does this then constitute being in dispute? Many thanks in advance.
  3. Hi I ordered a staple gun from ebay, which never arrived, myhermes being the courier company. I informed the seller that i had never received the item, they said the item had been delivered and a signature obtained. The date of delivery was when both myself and my wife were at home all day and nobody came to my door. I asked the seller for proof of delivery, who emailed me the myhermes slip which had in the signature box not a signature as such but a series of loops. (whoever tried to sign would not know my signature because only my first and last name were on the delivery slip) I informed the seller and ebay that nobody delivered to our premises and the signature was fraudulent. Needless to say both him and ebay were not interested . During this time my wife had a delivery to our address from the myhermes lady, being i live in a small town she is the sole myhermes agent. I questioned her about the staple gun and she admitted that the delivery of my wifes handbag that day was the first time she had visited my house and that she had been the myhermes agent for my area for some time. I know the value of the item is not great but the fraud part and imagining more of this is occurring makes me want to take action. I have contacted myhermes by phone but they will not discuss this event with me and tell me to contact the seller and ebay are useless. I am thinking about making a small claim against this but i am wondering if it should be against the seller or myhermes. Thank you
  4. Hi, Well I don't seem to be having much luck on the CCA front! The latest reply regarding my MINT account is that they cannot procees my request as they require my signature. In the request I sent off I included the £1 postal order and relevant details, and signed the letter electronically (as per advice on the forum). So what can I do now? This is a card I took out in mid 2004 and the account is defaulted and being managed through the CCCS (but i still get a statement every month directly from MINT). I don't want to give them my signature to add to a document if they dont already have it, but I'm not sure how to progress from here. Any ideas? Hx
  5. Hi I received a letter in July asking me to pay a bill from around 7 years ago. They insist it is me so I asked the for POC and sent the £1 and did an SAR on them too. This produced no information other than a photocopy of the original contract which although signed did not include any identification used / date of birth from application form or address! This is not acceptable as proof as far as I am concerned. I sent them a high resolution photo of my passport but made sure not to include the signature or any of the ID numbers, only a photo and the date of birth etc (the water marking etc is very clear and visible for them - without them seeing the real document its obvious its 9.99 out of 10 the real thing) as I have read that rogue DCA could use it to forge letters etc. The company have written back to me saying they want a full copy of the passport including signature. Please can you help me out with what to say. I don't want to tell them I think they are rogue, how could I nicely put it, and is the onus on them to produce proof? Regards Ian
  6. I have made a post today on my iPad and signature box was ticked but it didn't display it. I edited the post and unticked signature and saved the changes. I edited again and ticked signature and it showed when I clicked preview but doesn't show when changes are saved. Despite this, I can see my signature on posts from a few days ago. Same issue on my iPhone and I do use the full version as opposed to the mobile one. No probs on MacBook so perhaps it's an iOS issue. Any thoughts?
  7. I have a 2005 application form sent in reply to a CCA request. I'm happy that's it's unenforceable as a CCA, but one issue I'm particularly interested in is Cap One's signature on the form. Just want to know if they hand signed them. It looks hand signed, but does anyone know if this would have been the case? I can't attach mine at the moment, but it's the same as in post number 62 on page 4 of debtuptomyeyeballs thread entitled Help-Needed-Capital-One-Default-Served (can't post links)
  8. Hi All, 1st post of my own, been a reader of the forum for a couple of years now and it's been really helpful. anyway.... I've been working to clear up my credit file for a few years, had some defaults which have dropped off all but one which falls off in a couple of weeks. For the 6-12 month I've held vanquish/aqua/luma cards and made all payments to build up some rating, also managed to get a T-Mobile phone contract with defaults , which is also all good, so here's me hoping for an ok rating when this last default expires, but since updating my previous addresses on creditexpert, I've noticed another account appear, a provident doorstep loan taken out in 2007. Here's the best bit, I've never taken any finance with this company nor have I ever made any payments , my credit file says differently. Now I am aware of what provident do and how they work as my ex is an agent for them, still is I believe. Back in 2007 she recruited a couple of her friends into the job and I recall there being some sort of incentive bonus for signing up new customers. It seems that an agent has taken out a loan in my name (£500 56 weeks x £15) they must have used my details and just paid it back themselves therefore me not having any record or knowledge of it. So this is basically fraud, and to make things worse, the payment history is really bad, not quite a default but a whole string of 6's across my file. It states that the debt was settled in 2011 (3yrs after it should have been, guessing it went to a DCA who didn't manage to get in touch with me, or I would have known earlier) , so would be 2017 before it disappeared from my file, even if it was all green and paid correctly, I don't want anything such as a 'home loan' on my file. I got straight on the phone to provident and explained as above, they have written back today and enclosed my signed credit agreement, which oddly has a signature nothing like mine on it. So there is my proof, just as I suspected, however they also say that I must send them a copy of my signature to progress their investigation, and then they MAY send a security officer to see me and validate my ID and signature. So a company that has already used my details fraudulently, want me to send them a valid signature!!!! yeah right. I rang them and explained I was reluctant to provide this for obvious reasons but more than willing to show my signature and ID to one of their officers should they want to send one to see me, but I was advised they wouldn't send one and couldn't progress the investigation until they have my signature. Now that I have the forged credit agreement surely that's the evidence I need, but do I go to the police with this? or pursue this with provident? As I've had bad credit on my file in the past this hasn't done a lot of harm but now all the bad has dropped off and everything else is good it will be crippling to me getting any decent credit. Also on the credit agreement is the name of the agent that did this, but giving them a good shoeing wont get this removed from my file . I've also contacted Experian who have set a notice of dispute on the account. I just want it to disappear. Any advice greatly appreciated. Paolo
  9. Hi all, My wife is in the process of entering a DMP with Payplan. She has just received a letter today from Payplan asking her to pop into the HSBC (which she has a overdraft & credit card to be included in the DMP) and give an up to date signature and sign some paper work. Is this normal, any advice please. Gericke
  10. I requested a SAR from original creditor and have received a letter from them today acknowledging my receipt of £10.00 postal order but stating that the signature I provided does not match the one on their records.I only signed my name in capital letters. I have read through other posts which suggest using my signature but putting crosses through it. Is this correct please as I'm not sure if thy will accept this. Many Thanks
  11. their was a thread with a link to create your own free digital signature for signing word documents etc any chance of the link
  12. Hi, I filed a ppi claim with the rbs on a loan I had some time ago I received a letter around 2 weeks ago basically saying On this occasion i have been unable to confirm precisely what information you where given at the time you purchased the policy. In the circumstances, as a gesture of goodwill and without any admission of liability, the bank is prepared to make you the offer detailed below: I returned the slip signed to say I would accept there offer around 2 weeks ago. In the meantime another ppi claim also with the rbs has been paid into my account no problems and I only sent the slip back last week. I called rbs to query the first claim of why it was taking so long and the lady I spoke with has advised I need to take my driving license or passport into branch to be copied and sent to them before they will pay the funds to my bank account. When I asked her why she said to verify it was me who signed the slip. I find it a little strange as the it's only £278 but they have already paid £2678.25 no questions asked from my other claim. Is it really to verify who I am or is it for something else? Thanks Dani
  13. Hi All, I was being chased by Capquest for a Cap 1 debt, which I expect the PPI & charges reclaim to pretty much cancel out. I sent a SAR request to Cap 1 which was received on 2/8/12, on 6/9/12 I received a letter from them stating that they cannot comply with my request unless I provide them with a signature.I am confused as to why they want a signature as I have married since opening the account & they will not have my current signature on file so I am understandably reluctant to provide them with it at this stage. They also did this with my CCA request, but supplied it once I had sent the template letter from here. Is there a similar letter I can use for the SAR please? As they have already supplied information to me at the address on the SAR request are they in breach of DPA? They also state that the 40 days does not begin until they receive a signed request - is this correct? Any advice on how to proceed with this would be gratefully received
  14. Hi I recently SAR'd Halifax to get my old credit card statements, this account has been in dispute for years due to them not having a CCA. I still keep getting threatening letters from DCA's so I am now going down the charges route hoping to pay this off. I sent a SAR request and £10 but they have written back saying they cannot do this without a valid signature. Obviously I do not want to provide this as they may fake a CCA so how can I proceed? Regards
  15. Hi all, sent 2 SARs weeks ago to the halifax, to reclaim PPI on my loan and mortgage, and to also reclaim penelty charges. Well received a letter back saying they cant process it as it has........(come to their attention that my signature does not match theirs on the database, and can I go to my local branch with ID to update and verify my signature) The SARs I sent were joint ones with my partner, we both signed the SARs but put crosses through, so it could not be copied. Yet they only need mine. The reason for that is they collared my partner while she was in bank and rushing, and told her to sign something as they needed to update and were telling all the customers to do it..........(yeah right). They were kind enough to send back both postal orders however lol So any suggestions guys what I can do...............without them getting my signature Thanks.
  16. I've requested documents under the CCA, and had enclosed the standard £1 postal order. My letter and fee have been returned stating my signature is required before they can proceed. I've read elsewhere that signatures are not needed and are discouraged from being included so that they cannot be used or falsified in documents. Can anyone advise as to how I should proceed please? If I resend this unsigned again (they've sent an alternative address to send to), will the original date it was sent still be valid for their statutory time limit? Many thanks
  17. I have sent a SAR to capital one and they have refused to release information as my letter was not signed. They have said I need to supply a copy of my signature - how should I respond please. I do apologise if this has been covered a thousand times but the search facililty couldn't find what I was looking for
  18. I recieved my credit agreement un der CPR 3114 however the signature in the copy of the agreemnet they sent me has been done by using CUT and PASTE i think ? of old signature which is slightly different than the signature in the credit agreement i have in my possesion. Can they do that? i am not disputing the credit agreement just the signature. any comments please?
  19. Hi, Wondering if anyone can shed any light on this, Where does the law stand on digital signatures on a direct debit form? Basically a DCA are requesting "A hand written signature" or "original signature" for the "Banking process". My question is: Will the bank NOT accept digital signatures on DD forms? Or are they just pursuant on gaining a copy of my hand-written signature? Thanks
  20. Hi, I would be extremely grateful for some help with this. I have sent a letter to Barclays requesting my CCA with a £1.00 PO. They have replied back to me saying: Dear Mr R, Thank you for your request for a copy of your CA and financial statment. We are pleased to provide you with a copy of your F.S. Sections 77 & 78 of the CCA 1974 (as amended) DO NOT require B.Bank to provide you with a signed original form of the C.A.and in accordance with the act it is not the policy of B.Bank to provide this. This was for a Loan taken out online for £10,000.00 on 5th June 2008 Is this correct that B.Bank do not have to supply this information? Where do I go from here. Any help please.
  21. Hi, I wrote to HFC on the 16th November requesting the CCA. They replied with "cannot send out the CCA without a signature" which i replied with roughly the same letter pointing out that by law a signature is not required but here is my signature and used a digitalsignature like the digital signature onthe consumer action group website.Although i did just use a font as my signature and not my actual signature scanned in-imvery paranoid when it comes to this company. Why isn't this sufficient? It is highly frustrating. How can i get my CCA?
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