Help Please, Im Bankrupt and didnt Know!!

[reallyconfused?]

i was advised to send the following letter,

then 12 days after i sent a default

have i been sent on a wild goose chase because i have the same letter as before asking for the id and addresses c/w signature?

 

Or was i right sending the above and are they in default with the CCA.

 

or has this screwwed things up?

 

 

--------------------------------

Dear Sirs,

 

Account No: XXXXXXXX

 

Thank you for your letter dated XX/XX/XXXX, the contents of which have been noted. In your letter you make reference to requiring my signed authorisation.

 

I'd like to draw your attention to the fact that the Consumer Credit Act 1974 does not require that I supply you a copy of my signature. If it is for Data Protection purposes then I can supply you with documentation to substantiate my identity to you. However, I note that to date you have happily sent my details and correspondence containing extensive sensitive private information to several debt collection agencies addresses in order to pursue the alleged outstanding balance of the alleged account, and so I have to ask, if you are so concerned that you are corresponding with the correct person why have I you sold & disclosed this information in the first instance, and why have these agencies been able to pursue a debt of this status and based on this uncertain information, petition for my bankruptcy.

 

As you are aware, disclosing data without adequate checks of identity is contrary to the 7th principal of Data Protection, listed in schedule 1 of the Data protection Act 1998:

7. Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.

 

I note that there is no provision that removes the requirements of the act to provide this information on time, even if you are unsure of my identity. As such, I look forward to receiving the documentation requested, within the next 40 days.

 

Yours faithfully

------------------------------------------------------------------

 

 

the past addresses would be more than 6 years ago?

i didnt sign the letter, however they said it doesnt match.

 

 

the letter they replied with was in regards to the default, they never replied to the above.

[reallyconfused?]

Hi all can anyone help with the previous post. Many thank

Rc?

[42man]

Hello RC...the letter above is used when a DCA or a creditor requests your signature to verify for a credit agreement, this is not to be used for a SAR, they can ask for your signature for a SAR, but you should accompany this with a utility bill or a copy of your council tax request...(something along those lines)....

[reallyconfused?]

I just sent what they asked. Appart from the dvg licence or passport etc

I typed a block of crosses and signed over them for security

[42man]

That should be perfectly adequate...

[reallyconfused?]

Thanks 42man now to wait again:-/

 

I think I'm going to cancel the other thread on mse. It just creates a means for sidetracking.

 

I have had some good advice from there but I need to concentrate on the job in hand.

[reallyconfused?]

NT tax code applied. The OR knows this is in dispute and can't even wait forme to get my evidence together

[reallyconfused?]

That should be perfectly adequate...

 

i sent them a reply asking for the info with a list of past addresses (past six years plus my parents address i have been at before that).

i signed the sheets and attached a letter from the insolvency service addressed to me.

 

they are still insisting i send a passport or driving licence (and signature) copy to them before they will act.

 

they say they wont process it untill they recieve this.

 

what i did was at the bottom of my letter i made a block of x's

 

XXXXXX

XXXXXX

XXXXXX

 

like so and signed over them?

 

they are still within the 40 days of the last letter dated the 9th nov but when i first requested the info it is nearly 4 month ago?

surly they cant keep starting the 40 days again and should have had enough with what i sent.

lowels made me bankrupt over this so that alone should be enough proof.

 

i dont get it?

 

I feel im being messed about, i'll be discharged by the time i get it annulled at this rate?

 

what do you think?

 

thanks

RC?

 

[ PS Today i recieved a letter from Active Capital persuing an alledged debt from as long ago as the others (again if mine stat barred etc...)

Original Creditor down as ***HFC***.

so they say they dont know if im me and they have instructed someone else to persue another account in the same way ].

[ PPS The OR reduced the IPA ammount (offer) significantly which is more reasonable.

i have a week to sign it? should i?

they know im looking for anullment

does it matter if i sign it will it go against me or make the court refuse anullment if i agree to it? ].

Edited November 23, 2010 by reallyconfused?

[42man]

Is this Lowells who are asking for this information or the original creditor ?

[42man]

Have a read - http://www.kent.ac.uk/data-protection/Forms/subject_access_guide.pdf

[reallyconfused?]

Is this Lowells who are asking for this information or the original creditor ?

 

Original creditor is asking for it. lowells just said they would send it once hfc send it them. So they must have also asked for it.

[reallyconfused?]

Have a read - http://www.kent.ac.uk/data-protection/Forms/subject_access_guide.pdf

 

Thanks 42 man I'll look at this now.

[reallyconfused?]

http://www.financial-ombudsman.org.uk/about/subject-access-requests.html

 

I just found this, it looks like they can ask for passport copy etc if they are unsure on who they are dealing with.

 

Thing is if I'm bankrupt because of this then how can they be unsure of who I am?

 

It's all back to front if you ask me.

 

I will have to send it as they can ask for it but I still think its wrong bearing in mind the circumstance.

 

So 40 days starts again for the 4th time! I will deffo be discharged by the time this is sorted.

[42man]

I think you should start compiling the annullment application.

[reallyconfused?]

thanks 42man will do, i thinks its gone on long enough.

[42man]

Nothing back yet ?....how are you getting on with filling out the annullment papers ? I think founding a petition on a statute barred debt is in itself a good defence but it could be up to the judge....!!

[reallyconfused?]

Still had nothing at all back. I've not yet put together the docs. But intend to do it sometime this week. It's v hard juggling everything, being dad and working I'm sure you know. I'll keep you posted.

 

The last I heated from hfc they wanted passport/driving licence etc.. I'm not going to entertain this as they've had more than enough info already.

 

Anyway I will try getting a letter done tonight and wade thru my things to do... Thanks for the support RC

[42man]

You might be interested to read what the OFT said here - http://www.consumeractiongroup.co.uk/forum/showthread.php?198141-1st-Credit-Connaughts/page6

[reallyconfused?]

You might be interested to read what the OFT said here - http://www.consumeractiongroup.co.uk/forum/showthread.php?198141-1st-Credit-Connaughts/page6

 

Hi 42 man that link won't work for me? Is it right? Thanks rc

[42man]

Apologies try this - http://www.consumeractiongroup.co.uk/forum/showthread.php?198141-1st-Credit-Connaughts&p=2373790&viewfull=1#post2373790

[42man]

Scroll down to post 103

[reallyconfused?]

hi 42man every time i click on the link i get 'Invalid The Consumer Forums specified. If you followed a valid link, please notify the administrator'

 

and the link wont open? i tried to search for it but no joy either?

 

thanks

RC

[the_shadow]

hi 42man every time i click on the link i get 'Invalid The Consumer Forums specified. If you followed a valid link, please notify the administrator'

 

and the link wont open? i tried to search for it but no joy either?

 

thanks

RC

 

Try this....

 

 

S.

[reallyconfused?]

Thanks the shadow.

 

42man

I received a credit agreement from lowells today. Took them long enough but it has 1 sheet with sig and ammount and another with t n c's. What should I do now LBA s were sent yesterday. Still havnt had the SAR info off Lowell or HFC

[42man]

Are you able to post it up (minus the personal details) ? - use www.photobucket.com if need be (free)