debt elimination

[lincsloon]

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

[IdaInFife]

ok you need to wathc te donlt bump you off as eversheds will have very little to supply under sar as as you send to NR theyare responsible.

 

when did you send it?

 

ida x

[IdaInFife]

in fact i would not acknowlege anything from eversheds in reply to your sar. it wasn't them you sent it to

 

send this to NR when 40 days are up:

 

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

 

 

you want transactions from opening the account/6 years til now it's NR responsibility as eversheds will not have any of the info

 

ida x

[lincsloon]

Hi Ida,

I sent the SAR request initially earlier this year to N.Rock, for ages they didn't reply, so i sent one of those 'comply in 7 days' letter, suggested , i think by you or silverfox. Anyway, it was Eversheds who sent 6 pages as i've described above. Even i, a novice, realises that these pages are not the full request because the transactions & residual notes only go back to March 2007. I think personally they are stalling for time, Eversheds are obviously acting on behalf of N.Rock and the latter do not want to contact me for some reason, but i do realise now that N.Rock should be sending me this info.

Oh, the letter acompanying the 6 pages read :-

 

Re: Subject Access Request for account xxxxxxxxxxxxxxx

 

Please find attached the detailed history of the above account.

 

If you need any further information please do not hesitate to contact us.

 

 

I had to laugh at the word detailed.

What do i do from here then, send the letter in the post above suggested by Ida? N.Rock have already received £10 for the SAR, so i think they are defaulting, am i right?

 

Sincerely

lincsloon

[lincsloon]

Anymore expert advice before i send the Section 7 letter as suggested by Ida?

[lincsloon]

Hi again everyone, help is desperately needed, to do with the above posts & more, but i think i'll start with giving the forums a full detailed history of where i started & where i am now. Incidentally, silverfox, ida, etc.... i haven't found anyone with a scanner, so that i can show you that poor excuse for a S.A.R that Eversheds sent on behalf of Northern Rock, nor have i had the time to get to an internet cafe to use one, or been able to afford one myself, as yet. However i did write out the letter today, suggested by ida in the above post, of which i'll mention in my post later, but haven't sent yet until i receive some advice off of here. I'll call this account N.Rock 2.

 

Right then here goes. Back in the late 90's, early 00's i was getting in too deep with debt, partly my own fault, partly my ex-wifes, i was blinded by love, too soft for my own good & whatever she wanted she got. She got me to get credit for her & promised to pay it back. If i said no, she'd put on the 'puppy-dog' eyes & if that didn't work she got more bullish & made me suffer. I'd always give in, as i was besotted with her, didn't want to lose her & the very thought made me feel ill. Our relationship deteriorated & during the last year of our marriage i found out she had been cheating on me, i was gutted. I'm sure you can imagine what response i got when i asked her to pay back what she owed, as it was all in my name i didn't stand a chance, short of killing her there was nothing i could do. She paid for & was granted a quick divorce & went back to live with her ex-boyfriend. I still had my flat & mortgage at least.

However 18 months later, i was getting very depressed, barely getting through each month, financially & emotionally. The debt was too much, i had no social life, it was my beautiful Mom that was keeping me from going under, i.e. helping with my washing, cooking my tea etc...

I then started looking at Debt Management companies & eventually decided to contact Spectrum Financial Protection. A salesman turned up, looked at my finances calculated my debt, which included the maximum interest possible & advised it would be better if i took out a 5 year plan called an Informal Arrangement, due to the amount of debt i had, which in turn would mean my mortgage would be relatively safe.

My total debt owed to 5 creditors was - £42,000.

I don't want to talk about my 3 lowest owed creditors, they aren't a problem & i'm confident i can sort them out soon. My 2 largest creditors are both Northern Rock, which totals over 30 grand between them, i'll call them N.Rock 1 & N.Rock 2.

Anyway i took this Informal Arrangement with Spectrum in Nov 2004, i had to pay them a fee of a lump sum of £816 over 3 months initially, then £30 per month thereafter, up to the present day, this arrangement is due to expire next month, but i believe will carry on if i so wish.

Now i was happy enough, because my debts were greatly reduced, although my lifestyle still not good & therefore got rid of my mortgage in early 2005 & have rented ever since.

Life was better, health improved etc.. The thing is, N.Rock 1 account was still sending letters of varying degrees & of the 5 creditors, were the only ones who didn't sell the debt to a DCA. Everytime i called Spectrum they sort of reassured me & contacted N.Rock on my behalf, as they should have anyway.

That is until March this year when the N.Rock 1 account issued a CCJ against me & Spectrum sent me a letter saying because a CCJ had been issued i would have to pay the N.Rock 1 account myself, albeit the same amount as what i was paying to Spectrum to disburse on my behalf to N.Rock 1. I protested to Spectrum about this, but they said that as an Informal Arrangement is not a legal thing, that they can do this. Now i weren't happy at all, because back in 2004 the salesman said i'd be protected for 5 years & that there'd be a review then. All vebally told, you see. N.Rock 1 said that the payment i'm making to them would be for 6 months.

Anyway i then started to read about debt elimination & if mis-sold PPI or that the contract had fatal flaws in the wording the debt could be wiped out. I took on Monster.com in May this year to challenge N.Rock 1 of the legality of the debt, it hasn't been decided yet, (next week i was told over the phone last Monday), but i'm getting worried because the 6 month period of me paying the reduced amount to N.Rock 1 is up this month & they're getting bullish & started harrassing me about paying the full contractual amount. Which leads me to believe that i/Monster haven't got anything on them. What do the folks on here suggest? I still can't afford to pay them much more, maybe £30 a month, that's it.

 

I decided to test the N.Rock 2 account myself, requested the S.A.R myself & their DCA/Solicitors, i.e. Eversheds, sent out the poor reply i received in August, of which i told the forums about in the above posts.

Today i wrote this letter out, with the intention of sending it to N.Rock 2 , shall i send it to them?:-

 

"Further to my letter approximately 6 months ago requesting a Subject Access Request for the above account, you have not complied with the request.

I received what can be termed 'loosely' as an S.A.R, from Eversheds LLP, who i presume are a debt recovery agency. It was not worth the paper it was typed on, to be honest. There was a series of transactions and residual notes that only go back as far as March 2007, through to April 2009. I need a full S.A.R and i require all information from yourselves, from the inception/start date to the present. I am not acknowledging Eversheds or anyone else, only yourelves with whom i signed the contract with, as it is your responsibility and only you should have the information.

Therefore:-

You have failed to comply with my Data Protection Act, Subject Access Request.

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 notice."

 

Yours Faithfully

xxxxxxxxxxxxxx

What does the board think? Any advice would be gratfully appreciated, as i'm getting worried. I had a go at Spectrum the other day, about receiving my money easily enough, but not protecting me enough.

 

lincsloon

 

P.S. By the way, all my debts either loans or credit cards are unsecured.

[silverfox1961]

I would write that letter out again but remove emotion. Stick to the point and make bullet points of what you think is missing, I.E

 

All statements

Screenshots

Phone records

Agreement(s)

Default notice

Termination notice (if applicable)

NoA (if the debt has been sold)

 

Statments like this,

 

"I received what can be termed 'loosely' as an S.A.R, from Eversheds LLP, who i presume are a debt recovery agency. It was not worth the paper it was typed on, to be honest."

 

I believe, don't do you any favours.

 

Short, sweet, to the point and professional at all times

 

Once you know that you are beating them, then sarcasm is ok

 

fox

[lexis200]

Hi lincsloon

 

I've been on payment plans with my creditors for over 2 years now, all arranged myself without the use of a dmc.

 

Nearly all of them send letters every six months stating something along the lines of 'you will need to increase your payments or we will be seeking the full amount', but each time I simply tell them I can't increase it and include a budget sheet outlining this. They have never refused, and I have never increased my payments.

 

It is standard practice for creditors to become bullish when plans are due to end, but I would imagine this is simply so that anyone who may have come into a slightly better situation is scared into paying more. If you can't afford it, they can't have it; it's that simple.

 

With the SAR, if it helps this is one of the non-compliance letters I have used. I personally have found it's better to direct them to everything you require rather than leaving it up to them to work it out.

 

SUBJECT ACCESS REQUEST – NON COMPLIANCE

DO NOT IGNORE.

 

I received my Subject Access Request (that was due on the 15th April 2009) last month, after your various attempts at stalling.

 

I have now had time to read through it, and find that you have merely sent a set of statements, some letters I have sent to you, and a single page of notes for the period 2007-2009.

 

I was explicit in my requirements and I will repeat them here, and so that you can not possibly attempt to delay or obstruct again, I am enclosing a copy of the original request for full details.

 

Items still outstanding:

 

-Any contracts and related terms. This includes any original signed agreements and their associated (ie historic) terms and conditions. I do not require generic unsigned agreement forms. This is not a request under the Consumer Credit Act and you may not supply me with unsigned documents

 

-Hard copies of all documents pertaining to me, including any default or termination notices.

 

-Where any documents have been destroyed or deleted, details of how, why and when this happened, including supporting evidence of the same.

 

-A full set of notes for the history of my account. I require the full communications log, not a single page of entries.

 

-Statements from the opening of my account until now.

 

-All information is to cover the minimum 6 year period (excluding statements where I am requesting the full account history), not the 2 years you have sent.

 

Full details are included in the enclosed copy of my original request. Please ensure it is read by someone who is able to deal with it and that no points are ignored.

 

As you are already vastly over your legal requirements regarding the time you have to send my information, I feel an extra 7 days is more than fair. With that in mind, I will expect to have delivery of all the above information at most 7 days after you receive this Recorded Delivery letter.

 

Failure to adhere to this will result in a complaint being made to the Information Commissioners Office.

 

I look forward to receiving my information very soon, and certainly within the next 7 days.

 

Yours sincerely

[silverfox1961]

While I'm thinking of it, do you or do you know anybody with a digital camera?

[lincsloon]

Thanks ever so much guys, i'm glad you replied in time as i was about to send the letter out.

However i have spoke to a solicitor this morning, he thinks the best route is bankruptcy for the level of debt i have & that N.Rock are loathe to accept IVA's. Also, i've been told that the business i gave Monster.com to see if the N.Rock account could be unenforceable, has been a waste of money, because if their paperwork/S.A.R wasn't in order then the Court wouldn't have issued a CCJ against me. I'm still mulling over my options, but any thoughts off of the guys/gals on her would be much appreciated.

 

lexis, i've implemented the exact wording you suggest, into the letter to N.Rock, thanks mate.

 

silverfox, sound advice as ever, thanks mate

[lincsloon]

While I'm thinking of it, do you or do you know anybody with a digital camera?

 

 

Blimey mate, how thick am i, course i do, when i get back from work later, i'll see my girlfriend.

[silverfox1961]

Good. Don't forget to obscure ALL identifiable info, including code numbers however innocuous the seem.

[Guest wino]

Edited.....My comp has gone bonkers and when I clicked on the link it sent me to another post earlier on in this thread. I replied but have now removed my post as it is irrelevant:rolleyes: