DCA wants personal details..

[klg1980]

Hello,

 

I would apprecaite your advice on a letter that I have received from Equidebt. I am a little suspicious if it........

 

The history is this......

 

June 2007 - Equidebt send letter chasing debt from 2005

Send SAR to OC (RBS)

Send CCA to Equidebt

 

July 2007 - Response from RBS but only information on penalty charges.

 

Nothing further until

 

Sept 2009 - Receive letter from CAS chasing debt and. Send them snotty

response saying that Equidebt have failed to comply with CCA

request and will only correspond with them. Send CCA

reminder and SAR to Equidebt. Signed for and cheque cashed

 

April 2009 - Receive an application form which appears to be signed by

someone other than my OH (who this debt realtes to BTW)

and a set of T&C's.

 

Send them a letter saying we do not feel the signature on the

app form does not appear to be OH's and in any case is

unenforcebale

 

Register complaint with ICO about thehe fact Equidebt have

never responded to or acknowledged SAR.

 

May 2010 Receive the attached letter.

 

What do you guys think? they seem to wan to know a hell of a lot of information.

Equidebt.pdf

Edited May 17, 2010 by klg1980

[dx100uk]

att not working.

 

dx

[klg1980]

Just removed it as realised the name was showing. Just about to re-attach.

[klg1980]

Now attached to above post

[Pinky69]

They can ask for proof of identity but that is all. Equidebt won't have any information on the account - you should have sent the SAR to the original creditor, RBS.

[klg1980]

sent a photcopy of passport and a utility bill as I.D.

 

We did send an SAR to RBS but all they sent back was a list of charges applied to the account.

[dx100uk]

right

 

they have shot themselves in the foot here

 

they need you to prove who you are before they will give you info on a debt that they think is yours.............

 

 

yea right on.!

 

write back and state that if you you cannot prove i am the one that SHOULD received the SAR details then how canthey PROVE you owe the debt.

 

 

bye bye

 

muppets!!

 

dx

[klg1980]

right

 

they have shot themselves in the foot here

 

they need you to prove who you are before they will give you info on a debt that they think is yours.............

 

 

yea right on.!

 

write back and state that if you you cannot prove i am the one that SHOULD received the SAR details then how canthey PROVE you owe the debt.

 

 

bye bye

 

muppets!!

 

dx

 

I like your style!

 

Will send them a letter and see how they respond......

[regan11]

Made me laugh, they are so stupid.

[klg1980]

Guys,

 

before i respond and get too cocky with these guys.......

 

could you let me know if, in your opinion this agreement is enforceable. It's certainly one of the better ones i've seen and seems to ocntain all the prescribed terms.......

Equidebt CCA.pdf

[F_DCAs]

Shouldn't it be signed by a representative of the OC as well?

[count orlok]

what links the plication form for a mint/goldfish card with the prescribed terms for a RBS card?

[dx100uk]

its an application form

and you have PPI

 

now WAS this your mrs's card?

 

dx

[klg1980]

its an application form

and you have PPI

 

now WAS this your mrs's card?

 

dx

 

No its my MR's card

[klg1980]

what links the plication form for a mint/goldfish card with the prescribed terms for a RBS card?

 

 

Mint is RBS isn't it?

[slyspy]

I have a mint card from around the same time.

 

the application form is the same one I filled in.

 

I have however, never seen those t&cs.

[count orlok]

Mint is RBS isn't it?

 

OK, I wasn't aware of that, but i would still ask what links the application form to the prescribed terms considering they and the signature have to be on the same document. To my untrained eye it looks like 2 completly different docs.

[klg1980]

OK, I wasn't aware of that, but i would still ask what links the application form to the prescribed terms considering they and the signature have to be on the same document. To my untrained eye it looks like 2 completly different docs.

i must admit i did wonder the same thing. Especially as it took them nearly 3 years to come up with this doc.

[dx100uk]

when was the last time this card was used or paid on?

 

dx

[klg1980]

Around March 2005.

[dx100uk]

so not long to go till it's SB'ed.

 

its choice time now.

 

either you choose to go down the route of thats not my sig and the fraud investigation and prob come out the otherside owning the debt and reclaiming charges/ppi.

 

or you forget the sig issue and provide the info SAR them putthe A/C into dispute by reclaiming charges/PPI..

 

my thoughts

 

dx

[klg1980]

so not long to go till it's SB'ed.

 

its choice time now.

 

either you choose to go down the route of thats not my sig and the fraud investigation and prob come out the otherside owning the debt and reclaiming charges/ppi.

 

or you forget the sig issue and provide the info SAR them putthe A/C into dispute by reclaiming charges/PPI..

 

Do you mean answer all the personal questions on the letter they sent and then see what the SAR throws up in terms of charges & PPI?

my thoughts

 

dx

 

Thanks,

[dx100uk]

yep you need the SAR to get the statements, it might well throw another spanner in the works that could still mean it unen, but we'll look at that later.

you need to know charges/fees/PPI, each month to put in a reclaim.

 

not saying it will clear the arrears, but it might put a very big dent in it.

 

up to you.

 

dx

[Jasper1965]

i suggest that you don't answer any of the questions on their letter, they have no need and no right to know information like your mothers maiden name, employment history etc. etc.

 

I would simply write back to them and state that you are unwilling to provide any of this information, other than to reiterate that the signature upon the agreement is not yours.

 

Since they have effectively admitted that the alleged debt cannot be positively identified as yours or not without the need for this further highly personal information, I would insist that any adverse information regarding this account be immediately removed from all the CRA's.

 

Copy the letter to the ICO with a prominent reminder that the European directive in these matters places the burden of proof upon the person running the account NOT the alleged debtor, something the ICo are all too happy to overlook to protect the rather one sided status quo of the UK financial industry.

[klg1980]

yep you need the SAR to get the statements, it might well throw another spanner in the works that could still mean it unen, but we'll look at that later.

you need to know charges/fees/PPI, each month to put in a reclaim.

 

not saying it will clear the arrears, but it might put a very big dent in it.

 

up to you.

 

dx

 

Thanks DX. I'm just a little nervous about giving them all that info, but I hear what you're saying.

 

From memory, i don't think there were many charges on this aco****, but it will be interesting to see how much PPI was on the account.

 

Thaks again!