Desperate For Help Please

[mercman1969]

Thanks folks,

 

Been trawling through papers all morning and am yet to come across any agreements that will allow me to date sort them

 

Is there an easier way of seeing when accounts were set up...does your credit file state the start date of such agreements?

 

Am hoping to try and get to the CAB sometime this week or next to discuss. We took a payment holiday in a bid to free up some funds to attempt to settle some bills. Having only had 10 years or so left to run, we are now back to the start of a 35 year term

 

 

What is a DMP? Have also looked into IVA's but there are sooo many companies out there

[jansus]

Thanks folks,

 

Been trawling through papers all morning and am yet to come across any agreements that will allow me to date sort them

 

Is there an easier way of seeing when accounts were set up...does your credit file state the start date of such agreements?

 

Am hoping to try and get to the CAB sometime this week or next to discuss. We took a payment holiday in a bid to free up some funds to attempt to settle some bills. Having only had 10 years or so left to run, we are now back to the start of a 35 year term

 

 

What is a DMP? Have also looked into IVA's but there are sooo many companies out there

 

 

 

 

Debt management Programme - I think national debtline or CAB can help with that - .

 

They will prioritise your most important payments first.

 

i.e mortgage /utilities/ secured debt and then others and I think write with proposals to the companies for you.

 

I think your credit file will show dates your loans or credit started.

[jansus]

Managing debt : Directgov - Money, tax and benefits

 

 

this site is useful for contacts as well

 

Jan

[mercman1969]

Thanks....

Just paid up at experian for my credit file to be met by...we are experiencing problems at the minute...please try again later

[mercman1969]

ok.

 

Got a few letters printed off.......do i sign them?

I assume along with the postal order then they must be sent recorded delivery

[davey77]

My thread is long but it may be of interest and use for you. Just skim through the first half as i was still learning then!

 

http://www.consumeractiongroup.co.uk/forum/mbna/57846-debt-written-off-due.html

 

Use a digital Signature when signing anything:

 

Online Personal Signature Maker - MyLiveSignature - Free Personal Signature Generator

[mercman1969]

Thanks...tried the signature thing and failed miserably....keeps saying no such signature despite having a number??

 

We have applied for DLA - but it has been turned down so at appeal for that

[davey77]

The download Signature doesn't work for me now but the top one 'create a new signature using our wizard' link seems to be ok for me.

Otherwise browse online for some. I'm sure they are not the only place or make your own named stamp like the type they sell in big stationary outlets.

[mercman1969]

Finally managed to get my credit report done

 

Most of my stuff is prior to 2004 so it may be worthwhile

 

On the experian report it lists the creditors along with an address. Is this the address to use?

 

Does the same apply to personal loans? or is that a ppi question only?

[Goldlady]

Yes it does also apply to loans, however in some cases they will have the agreement as the banks seem to have been a bit more organised with loans, whereas they threw credit cards at people without doing the paperwork properly.

[mercman1969]

12+2 days is up on Monday with still no sign of any documents from either

 

MBNA

EGG

M&S

 

What is the next step, to send off the account in dispute letter and stop making payments?

 

Cheers

[davey77]

Account in dispute, supply agreement/s within 7 days or will report to Trading Standards. Personally i would stop paying past the point they Default on your requests. (What ever you feel most comfortable with really.) You will get lots of calls and letters but you are well within your rights to withhold payment until (if) the Default is corrected.

 

If in doubt, contact the national debtline and CAB for advise.

[mercman1969]

Ok,

 

To date only 1 company has replied to my CCA letters. the reply from M&S is as follows

 

"Thank you for your recent request for a copy of a statement of account regarding the above account that is held by Marks and Spencer. Under the terms of the consumer credit act.

 

Under the consumer credit act, may i advise you that before we can provide a copy of this information which will be forwarded to you by recorded delivery, we need your signature of authority. Please allow 12 working days for the processing of this request commencing from our reciept of your application and your signature of authority

 

If you wish to proceed with the request for a copy of this inforamtion please can you sign the enclosed form and return in the pre paid envelope provided

 

If you require further guidence please write to me at the address given on this letter or telephone XXXXXXX. Please note that personal details will not be discussed on the telephone, but general advice related to the consumer credit act will be offered".

 

I assume this is just an excuse to try and get a signature sample? What is my next action? Account in dispute letter?

[davey77]

I would not give them a signature. Who knows what they would do with it.

 

Certainly, if this particular account hasn't be used for some time and you've moved around etc there is a view that the lender has the right to take reasonable steps to confirm your ID.

 

On the other hand. If this is an active account, you have been making payments and getting statement sent you for years/months then there is no reason to delay. I would try this response initially:

 

Dear Sir,

Further to your recent correspondence dated (**). I am afraid i am unable to supply you with any further information regarding my identity to enable my legal request for information to be fulfilled than has already been supplied previously.

 

The fact that you have been writing to the above address and to me by name requesting payment towards the above account/sending statements has confirmed to me that you already have the correct details. This address and the occupier has been satisfactory to you in past communications therefore you have until the (date) to supply me with the information i am entitled to otherwise i shall make a formal complaint to the Information Commissioners Office without further notice"

 

Amend as needed and if they don't comply then make then complaint to the Information Commissioners Office:

 

Information Commissioner's Office - ICO

 

I would also contact the I.C.O and confirm with them that, under the above circumstances where the lender knows you all too well and has communicated with you on a regular basis, signatures are not a requirement. If they agree then any reply to the above letter can include the I.C.Os (hopefully useful) statement on the issue.

[davey77]

To speed things up you could ring the ICO and if their response is favourable, add their comment to the letter above, but then get confirmation from them in writing to use should the Creditor still delay.

[mercman1969]

Thanks for the reply and guidence

 

Letter sent as follows

 

Further to your recent correspondence dated 23rd January 2009. I am afraid I am unable to supply you with any further information regarding my identity to enable my legal request for information to be fulfilled than has already been supplied previously.

 

The fact that you have been writing to the above address that included a FULL account number and to me by name requesting payment towards the above account/sending statements has confirmed to me that you already have the correct details. This address and the occupier has been satisfactory to you in past communications therefore you have until 6th February 2009 (this date is over and above the 12+2 days usually allowed) to supply me with the information I am entitled to otherwise I shall make a formal complaint to the Information Commissioners Office without further notice.

I have contacted both the ICC and CCCS who have both stated that a signature is not required under the Consumer Credit Act and they also agree that with the evidence above you appear happy that I am the person you seek.

To clarify the request I have also included a further copy of my original request. This request should have been satisfied by 28th January 2009 when I have the right to place the account into dispute.

Kind Regards

[davey77]

Nice letter. (By I.C.C you mean I.C.O i assume?) Have you actually contacted those two bodies as above then?

[mercman1969]

Nice letter. (By I.C.C you mean I.C.O i assume?) Have you actually contacted those two bodies as above then?

 

YES....contacted both and BOTH stated it is NOT a requirement of CCA

[davey77]

Lovely! Let them wriggle their way out of that one.

[mercman1969]

Davey

 

Keep looking for the THANKS button

 

Be assured ALL those that help me....your kindness, help & assistance is greatly appreciated

[davey77]

No worries. I was new here myself once and needed tons of help believe me!

 

It's the white 'scales' icon bottom left of peoples posts to add to their reputation.

[mercman1969]

Today the 12 + 2 days lapse for all the letters sent requesting copies of my CCA

 

to date with the exception of M&S No responses have been forthcoming

 

What is the next step please?

[davey77]

I would give them a couple of days for late postage and good measure. You can do two things, account in dispute letter and will report to TS if you have nothing from them after 7 days OR do nothing and wait and see what turns up from them next.

 

Should it be the first letter, then follow through with the threat and make a formal complaint to your Local Trading Standards Dept.

[mercman1969]

I assume to stop making payments on the account we really need to place the account into dispute?

 

I imagine they will simply continue as they have been doing....constant phone calls at all hours

[davey77]

Sure, in that case, and for the sake of a good paper trail then send off the account in dispute letter as well as the harassment letter (if you haven't done so already). The later won't stop calls (probably) but it adds further weight.