Complex Debt Situation

[BRIGADIER2JCS]

Hi Dennis looking in as you requested.

 

SAR: Yes PO is fine, mark it clearly on the back and front '' FOR STATUTORY FEE ONLY''.

 

Take note also a SAR most probably not produce an agreement, the ICO says that ''although we might expect the agreement to be supplied there is actually no obligation for the creditor to do so, section 77/78 of CCA 1974 deals with this.

 

The SAR is addressd to the Creditors DATA CONTROLLER at their head office, PO payable to the creditor trading stlyle.

[Old Cogger]

deleted wrong thread

Edited September 19, 2012 by Old Cogger

[DennisTheDog]

Hi Dennis looking in as you requested.

 

SAR: Yes PO is fine, mark it clearly on the back and front '' FOR STATUTORY FEE ONLY''.

 

Take note also a SAR most probably not produce an agreement, the ICO says that ''although we might expect the agreement to be supplied there is actually no obligation for the creditor to do so, section 77/78 of CCA 1974 deals with this.

The SAR is addressd to the Creditors DATA CONTROLLER at their head office, PO payable to the creditor trading stlyle.

 

Wow this is starting to confuse me now. Really sorry for being obtuse, but if they don't have to provide a CCA I don't understand the ability to ask them for one. Plus one of my agreements is prior to 1985 - the Lloyds TSB credit card, whicj was an access card which was changed over to a mastercard then to a visa then back to a mastercard.

 

SAR's cost £10 each, not much I know, but at the moment I am counting pennies from my JSA so I will have to do this 1 at a time.

 

Thanks for all the help everyone but my head is spinning at the moment, I thiink I will have to lie down!

[DennisTheDog]

Thanks Mike but who are 1st credit? Sorry for being a bit thick

[Old Cogger]

Thanks Mike but who are 1st credit? Sorry for being a bit thick

 

 

 

Will delete got mixed up with another thread - sorry

[DennisTheDog]

That's okay, this is all very confusing!

[BRIGADIER2JCS]

It can be confusing CCA 1974 deals with the production of regulated agreements the DPA deals with the production of ''personal'' data, it was postulated some years ago that

the regulated agreements were not pd as a copy is provided at the inception of the agreement, so custom and practice applies and most creditors will not supply an agreement with aSAR.

[DennisTheDog]

It can be confusing CCA 1974 deals with the production of regulated agreements the DPA deals with the production of ''personal'' data, it was postulated some years ago that

the regulated agreements were not pd as a copy is provided at the inception of the agreement, so custom and practice applies and most creditors will not supply an agreement with aSAR.

 

If I were to ask for a CCA what would be the consequences for the Creditor if they could not produce one? Essentially it does not make any difference in the UK?

 

I am still trying to get my head round this - the medication does not help:lol: - but at the moment I have not had any letters from any of them except MBNA, even though I ended the DMP a month ago. It all seems very quiet, what could they be up to?

 

I tried to get my credit record through wobble, but it seemed not to accept my coop visa card for some unknown reason.

[BRIGADIER2JCS]

Little really apart from the fact that they cannot enforce the debt in court..

Try Equifax or Experian they have 30 day free trials.

[DennisTheDog]

Little really apart from the fact that they cannot enforce the debt in court..

Try Equifax or Experian they have 30 day free trials.

 

But they don't have to have a signed copy do they? So could they not just cobble something together?

[Guest]

Yes from Lloyds TSB, under a debt collection company called NHA - who have even written to me saying they may send a representative to my address - I got one this morning I recognise the number - I don't even answer the phone anymore.

 

MHA are loyds internal 'debt collectors'. after a couple of letters from them, loyds' BLS Collections will be next on scene, also internal (both not really dca's as such just different headed template letters from within loyds collections dept). after that would prob go to an external DCA (the likes of westlot, robbing way, lesscroft, etc), either sold on or on instruction.

 

when/if writing to them, instruct them communication in writing only.

 

ps re sar re agreement. an agreement/application form would obviously be personal data as defined as it would be clearly identifiable by name/address just as a bank statement which the ico regard as personal data. thing is, there is a statutory right under the consumer credit act to supply a copy agreement (or accurate recon) the failure of which has more significance then that under the data prot act. hence why ico sees the ccact as more appropriate re that. irony is, that under a cca request a reconstruction as defined can be supplied whereas under a sar it would have to be the actual copy agreement (if there is one, and they can find it!). so, best bet do both. and if a cred doesn't send one under a sar, don't rely on that re unenforcement.

Edited September 21, 2012 by Ford

[DennisTheDog]

Little really apart from the fact that they cannot enforce the debt in court..

Try Equifax or Experian they have 30 day free trials.

 

Not having any luck with these either. Its to do with the name of the house. My debit card says one name - as on my rental agreement and the post office say another

[BRIGADIER2JCS]

The best thing to do is notify all creditor you are dealing with your bank and the CRAs of the postal address as set ou in the Royal Mail Posr Code Directory.

[DennisTheDog]

I have received a letter from MBNA today saying that they have now sold the debt to a company called Experto Credite has anyone heard of them? The company itself have not contacted me yet and this puzzles me. What should I do? just wait?

[dx100uk]

yea dont panic

 

it shows they cant get you to pay

so haave given up

 

here you try!!

 

i thought it had already been sold to varde?

 

dx

[DennisTheDog]

yea dont panic

 

it shows they cant get you to pay

so haave given up

 

here you try!!

 

i thought it had already been sold to varde?

 

dx

 

So they said originally but they gave no address, but then after weeks they did nothing, so I sent them a recorded delivery letter asking to which account number I should pay a token amount to. They replied with this company plus their address and telephone number.

[dx100uk]

can you recheck your cra file to see what it says now?

 

dx

[DennisTheDog]

Last week I made a token payment to my Lloyds TSB credit card, stating that I would review the amount last month. In response this week I got a letter from SCM threatening immediate court action if I did not pay the full £16 K. I've told them my situation and that I have no assets. Isn't this unfair practice?

[BRIGADIER2JCS]

Not in their eyes, you need to restate your situation which I would doubt SCM have seen.

[DennisTheDog]

Not in their eyes, you need to restate your situation which I would doubt SCM have seen.

 

I was thinking according to the OFT guidelines.

[BRIGADIER2JCS]

They may not have knowledge of the payment!

[DennisTheDog]

I have had a letter from Apex Credit management, I have no idea who they are - has anyone heard of them below is the contents.

 

"Thank you for your recent correspondence regarding the above account, the contents of which have been

duly noted.

In order for Apex Credit Management Ltd to accept your ofier of repayment, we will require an up to date

financial statement from you. This statement should include full details of your income, expenditure and

other creditors.

Please contact the office on 0845 849 8920 with the above details so we may confirm your offer and

prevent any further recovery action. Our office opening hours are listed below:

Monday - Thursday 8.00am - 8.O0pm

Friday 8.00am - 5.00pm

Saturday 9.00am - 2.00pm

Yours sincerely,

Administration Department"

 

I have made no offer to these people, I made a token offer to LloydsTSB about two weeks ago on an overdraft balance. I paid the token amount but the transfer was rejected. LloydsTSB did not respond to my recorded delivery letter - below

 

"

Lloyds TSB

Lloyds TSB Bank

PO Box 487

 

Re – Overdue amounts

 

 

Dear Sir or Madam,

From your records, you will see that we have been in financial difficulties, as a sign of good faith I wish to make a token payment of £3.19 to be reviewed monthly. To this end, I would be grateful if you could send the following details to me by post as soon as possible so that I can set up payments.

 

Account name

Account number

Bank name

Bank Sort Code

 

Furthermore I would be grateful if future communications were in writing only.

"

 

I am not sure I should reply to these people, they have not produced any legal documentation and I certainly made them no offer, I made it to LloydsTSB.

 

Can any one advise?

[dx100uk]

that a std phishing letter they send out to try and spoof you

 

ignore

 

dx

[BRIGADIER2JCS]

My guess is Lloyds have farmed this out to Apex and passed on your offer, all wrong if you have not had Notice of Assignment (NOA) from Apex and or Lloysd.

[DennisTheDog]

My guess is Lloyds have farmed this out to Apex and passed on your offer, all wrong if you have not had Notice of Assignment (NOA) from Apex and or Lloysd.

 

Not only have they not informed me, they did not respond to my letter at all. On top of which the overdraft was on a joint account and my name only appears on this letter from Apex.