Newbie Young stressed mum needs help!

[womble72]

Hi Stressed Mum,

 

Ok what you need to do is send a letter stating this is my signature BUT

use your name as a FONT i.e WOMBLE OF WIMBLEDON

 

Sign across the font with your signature. I did this when they refused to send my SAR request. It is a delay tactic on there part.

 

Then send recorded delivery.

 

I might have devolpments regarding my court date and i will keep you posted.

 

Have a good weekend

[stressed mum!]

Good morning womble72 you're on early but with children we never get a lie in!!! good idea about the font like I said I did put a post in the general sections and my replys were to put lines through this is a much better idea. Am I right in thinking that they still have to adhere to the 40 days even though they are delaying?? And do you know why they do this don't forget to keep me informed on your progress I have everything crossed for you, this forum is great to know there are people in the same predicament as us and are fighting back x

[womble72]

Hi Stressed Mum,

 

They should still send you your statements but they may argue they do need a signature. So the moment i sent them mine, signing across the font i got my statements within 5 days.

 

The Ratwest just want to make it as difficult as possible but there are always ways around these problems.

 

It was good news on Thursday of when the unfair charges went against the banks so this could open the floodgates for people to challenge the charges !

 

I am at work doing a 12 hour shift (do two jobs). I need to because my wife looks after our youngest and child care costs are much too high.

 

I always try to look on the bright side life.

[stressed mum!]

Hiya womble72 yes it was good new's I've seen a thread on here and keep meaning to read it so I understand more.

12 hour shifts are horrible by husband does them and really throw you out of sink.

Childcare is so expensive when me and hubby where seperated I got a little part time job but the childcare was £1600!!!! but as I was on my own it was paid for now we are happily backtogether tax credits dont pay as much as I think they should. I personally married couples or couples living together really do get the crappy end of the stick

[womble72]

It is a strange system where your worse off together as a married couple but the moment you seperate your tax credits go through the roof.

 

That is a labour gov incentive.

 

lol.

 

Just make sure you send your letter with the font or lines (whatever you prefer) across with a signature.

[stressed mum!]

Have done the letter with the font nothing major just a quick here is my sig as required will send first thing on mon recorded, just relaxing witha nice bottle of wine (what banks!!)

Have a lovely weekend with your family let you know when my SAR comes through

[womble72]

Enjoy the rest of your weekend.

[womble72]

Just to let you know that Cobbetts have agreed that my judgement should be set aside.

 

That means they know there in for a fight.

 

They need to produce my agreement and i will try to get the unfair charges removed from the overdraft.

[stressed mum!]

Well Done you Cobbetts are the solicitors for ratwest are'nt they? So when they say they've set it aside does that mean you're a specail case? (sorry still learning) now they know you're fighting for charges. I so hope you get them all back

[womble72]

Hi Stressed Mum,

 

I did have a laugh with the special case quote

 

What it means that the Ratwest will need to prove the loan agreement and i will ask for the charges to be removed from the overdraft and then they can throw in the towell.

 

Its down to them but i feel really pleased at the moment so lets see what happens within the next few months.

 

Paul wilton gave me a top notch defence and i cant thank him enough.

 

Are you still on the wine ?

[stressed mum!]

Yes last night tonight till next friday!! But sometimes I crumble and have a bit in the week. I don't smoke and don't get to go out much so the wine is my vice.

Glad I made you laugh we all need a bit of that just doing a cca request for hubby for mbna let the fun begin!!!!!

[womble72]

good luck with the mbna.

 

I have 14 other creditors to cca but i just have a break from that at the moment. It has been a stressful few months so i will start cca soon.

[stressed mum!]

Morning womble hope you and yours are ok, got a letter from ratwest this morning that the signature that I sent is illegible!! Why do you thinl they are doing this?? Is it because they know I'm going for charges against my overdraft??Going to have to send them another letter tomorrow

[missdpd]

My guess is they are being awkward. I sent my SAR off a few weeks ago with no signature, just printed name in font arial and received my copy statements within a week. They know who you are because they send letters and statements to your address, awkward and timestalling.

 

Maybe if you wrote to them and asked that they deliver the requested items to your nearest branch and you can collect the stuff from there with proof of ID?

[tedney]

Have you tried this:

Dear Sir/Madam,

 

RE Account NO XXXXXXXX

 

Thank you for your letter dated xx/xx/2009 the contents of which are noted.

 

In your letter you make reference to requiring my signed authorisation before you comply.

 

If it is for Data Protection purposes then I can happily supply you with documentation to substantiate my identity to you.

 

However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.I have to ask if you are concerned that you are corresponding with the correct person why has it taken so long to raise this matter.

 

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.

 

My Subject Access Request was made on xx/xx/2009 and the 40 days for your compliance expire on xx/xx/2009. 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.

 

I look forward to receiving the documentation requested.

 

I would appreciate your due diligence in this matter.

This posted on another thread by cerberusalert

[stressed mum!]

An update, have received a letter today stating that after a THOUROGH search they can find no information regarding my policy!!!!!!!! firstly it's a bank account and secondly they could'nt have done much of a search in my eye's what do you think there up to????

[womble72]

would write to them along the following lines. Quote:

Thank you for your letter of date. Since, by you own admission, you have not been able to produce a copy of an executed agreement for the alleged debt within the statutory period set down in the Consumer Credit Act 1974, the alleged debt is unenforceable by virtue of s77(4) of the Act and further, under the same section, you have commited an offence.

 

Since you cannot demonstrate that I am the debtor associated with the alleged debt, all collection activity is unlawful under the CCA 1974 and contrary to the OFT guidelines on debt collection. I intend to make these facts known to the Financial Ombudsman, the Office of Fair Trading and my local Trading Standards Office. If you persist in taking legal action against me for the alleged debt, I will also make them known to the court. Section 127 (3) of the CCA 1974 forbids a court issuing an enforcement order in the absence of an executed agreement.

 

This letter also constitutes notice under s10 of the Data Protection Act 1998 that you must not process data concerning me in relation to the alleged debt or, if you have processed data already, you must cease. This includes, but is not limited to, passing any data to third parties such as Cedit Reference Agencies.

 

On [date] you placed a default marker against my credit history with a number of Credit Reference Agencies in reference to the alleged debt. Since no agreement exists between us, you have no permission from me to process data concerning me and you are in violation of the data protection principles including but not limited to Schedule 1 Part 1 (1) of the Data Protection Act 1998. I will be reporting this matter to the Information Commissioner and request and require that you remove said default marker(s) from my credit history. I shall be seeking compensation under s13 of the Data Protection Act 1998 for the distress you have caused me by your financial defamation of me.

 

Yours sincerely

 

Stressed mum

 

Try that against them.

[stressed mum!]

Hello womble72 how are you?? Do you think I should wait till the 40days are up which is wednesday? and will that letter be ok for an SAR why do you think they have done this sorry for all the questions!! have you heard anymore about your case x

[womble72]

Hi Stressed Mum,

 

Hope you have had a good day today on mothers day.

 

My case is stalemate at the moment. Just waiting for a response on the outstanding issues from the ratwest.

 

Wait until Thursday and then send them the letter. It seems to me that they are very incompetent and useless. lol.

 

Yes just wait and see what happens.

 

Womble:)

[stressed mum!]

Thanks womble72 hope you've looked after your other half today that's if you've not been working as hubby has been last night and tonight but still had a good day

[yourbank]

Hello womble72 how are you?? Do you think I should wait till the 40days are up which is wednesday? and will that letter be ok for an SAR why do you think they have done this sorry for all the questions!! have you heard anymore about your case x

 

Apologies but from reading post 1. are you in financial hardship? Are there "priority debts" that are in arrears ie rent/mortgage arrears, council tax arrears, utilities arrears etc,etc,?

[stressed mum!]

No priority debt everything up to date it's just credit cards overdraft ect would never have been able to pay it back so changed bank offered £20 a month due to only husband working they said no wanted £60 so have now defaulted me but was being charged around £45 everymonth due to being overdrawn

[stressed mum!]

Hey womble hope you and your's are well, not sent that letter yet to be honest having a bad day am scared about what I will get back what if they decide to take me to court!!

[stressed mum!]

Womble I am FUMING:-x I finally managed to remember my password for online account and tax credits paid£400 into that account on 17th feb which of course has been ate up by overdraft. I dont know why tax credits have done this as they have been paying it into my new account since october I am now only £17 over my limit and would have been under this but they have charged me £190 since 30th January dp you think this is why they have'nt sent me my SAR I know they are not supposed to charge on benifits am so mad I could cry.

 

I think the letter has to go off what do you think x

Rant over

[yourbank]

they can charge for benefits so that is not correct that they can't.