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Debt collector making my life a misery
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i dont feel we should pay a debt that isnt of our making and as you say it would appear to have been covered up. How could we check she hasnt done anything else?Broken_hearted wrote: »The only way to deal with it without getting her into trouble is to pay it, what worries me is the bank covering it up. I would check she hasn't done anything else.
The CCA request doesn't work in the case of O/D George so that option is out.
Thanks for your advice:A0 -
Under the Data protection Act, they have to provide all the inforation they have on file about the accounts, for the last 6 years. insist this ifdentifies who made alterations to the account on what dates.
It costs £10 and they have 40 days to respond.
This definately does not sound the least bit OK;
Unfortunately, OH was slack in allowing her to continue any withdrawals without insisting on two signatories. Even if she stripped the account, they are jointly liable.
There are possible DPA issues about the change of address, but since she was a signatory, it may have been permissible for her to alter this without his consent.
It is not permitted to remove one person's name from the joint account without the other's permission. Effectively what this does is to remove her liablity for the debt.
You need her name back on there and no further withdrawals without both signatories.If you've have not made a mistake, you've made nothing0 -
So in conclusion we should write to the bank quoting the DPA and stating we want her name putting back on the account and ask for information regarding the changes that were done without consent by whom and when? We should ignore the DCA letters too??? sorry there are so many questions!Under the Data protection Act, they have to provide all the inforation they have on file about the accounts, for the last 6 years. insist this ifdentifies who made alterations to the account on what dates.
It costs £10 and they have 40 days to respond.
This definately does not sound the least bit OK;
Unfortunately, OH was slack in allowing her to continue any withdrawals without insisting on two signatories. Even if she stripped the account, they are jointly liable.
There are possible DPA issues about the change of address, but since she was a signatory, it may have been permissible for her to alter this without his consent.
It is not permitted to remove one person's name from the joint account without the other's permission. Effectively what this does is to remove her liablity for the debt.
You need her name back on there and no further withdrawals without both signatories.0 -
bladesprincess wrote: »So in conclusion we should write to the bank quoting the DPA and stating we want her name putting back on the account and ask for information regarding the changes that were done without consent by whom and when? We should ignore the DCA letters too??? sorry there are so many questions!
You need to separate these out.bladesprincess wrote: »So in conclusion we should write to the bank quoting the DPA and ask for information regarding the changes that were done without consent by whom and when?
Will source you a link for a SAR letter.
In the mean-time, you need to identify their customer complaints and demand the name of their internal investigation department if possible, or at least send another letter outlining the information in the first post and demand and investigation, including the identity of the person/people making the alts to the account and the copies of the written approval for those alterations. you might wan tot add that if you do not get a rsponse in a certain timeframe, you will be going to the FAS, OFT etc and the police.
The really importan thing is that taking her name off the account removes her liability for the debt she created.
And I know it is hard re access but if you go back to court and tell the judge what happened, s/he is not going to be amused.If you've have not made a mistake, you've made nothing0 -
What a mess.
I would have thought that as the bank seem to have acted improperly it would be in their interests to write this off. It's just a matter of bringing it to the attention of someone who can.
Do you have statements and can you prove it wasn't his cash card that was used for withdrawals?
You might consider getting in touch with one of the newspapers (the Telegraph does this sort of thing a lot) to see if they can contact the bank - that would make sure that it was taken seriously.0 -
Will source you a link for a SAR letter
In the mean-time, you need to identify their customer complaints and demand the name of their internal investigation department if possible, or at least send another letter outlining the information in the first post and demand and investigation, including the identity of the person/people making the alts to the account and the copies of the written approval for those alterations. you might wan tot add that if you do not get a rsponse in a certain timeframe, you will be going to the FAS, OFT etc and the police.
The really importan thing is that taking her name off the account removes her liability for the debt she created.
And I know it is hard re access but if you go back to court and tell the judge what happened, s/he is not going to be amused.[/quote]
Thanks will look out for the SAR letter and will do what you have suggested. I think that after four years our problem is with the bank selling on the debt to someone else and then being hassled by them to the point where its very stressful being told they can take your house/car etc
Thanks everso for all your advise:A0 -
What a mess.
I would have thought that as the bank seem to have acted improperly it would be in their interests to write this off. It's just a matter of bringing it to the attention of someone who can.
Do you have statements and can you prove it wasn't his cash card that was used for withdrawals?
You might consider getting in touch with one of the newspapers (the Telegraph does this sort of thing a lot) to see if they can contact the bank - that would make sure that it was taken seriously.
Thats what we thought, but they just sold the debt on after all this time too! We have statements but they show ATM withdrawals which they say may husband made with his card, maybe they were hoping we would go away?
I think I will try another letter first and see what response we get but its definately an option writing to the telegraph!
Thanks for your thoughts:T0 -
Doh - never realised you had to join to see the letter i menioned above
Sorry about that.
Will check in later when i get home.After falling off the gambling wagon (twice): £33,600 (24,000+ 9,600) - Original CC Debt: £7,885.91
Dad Gift 6k ¦ Savings & Inv Tst: £2,500
Loan 10k: £0 ¦ Dad 5.5k: £2,270 ¦ LTSB: £0 ¦ RBS: £0 ¦ Virgin £0 ¦ Egg £0
Total Owed: £2,270 (+6k) 11/08/20110 -
no it is here
[INSERT NAME, ADDRESS AND TELEPHONE NUMBER]
[INSERT DATE]
[INSERT NAME AND ADDRESS OF BANK]
Dear Sir or Madam,
Re. Account number: [INSERT ACCOUNT NUMBER]
I am writing to request a fully comprehensive list of all the default charges for direct debit, unauthorised overdrafts and standing orders I have paid over the last six years.
Please find enclosed a cheque for the maximum statutory charge of £10. If you are unable to provide this data, I will accept a copy of my statements going back six years; I understand that statements on their own are not covered by the Data Protection Act 1998, yet I’m not requesting the statements per se, but the charges, which I’m entitled to by law.
If you store any of the older records on microfiche, please be aware that the Information Commissioner deems this to be a relevant filing system under the Act. As such, any microfiche data must be sent to me in fully legible and comprehensible form.
I look forward to your response within 40 days, as [INSERT NAME OF BANK] is obliged to reply under the Data Protection Act. If not I shall seek remedy from the Information Commissioner.
Yours faithfully,
[YOUR SIGNATURE]
[YOUR NAME (PRINTED)]
If you've have not made a mistake, you've made nothing0 -
Thats great, thanks, I guess then we need to wait and see whats happens. If they send the info I presume it will show they were in the wrong, in which case could we suggest they write the debt off? If they dont respond then we need to go to the financial ombudsman or whoever it is??
Is this right?0
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