Full and final settlement help thread

happy_bunny_2

trying-very-trying wrote: »

Sourcrates, thanks for reading my plight. The problem I would have is finding out who I owe the money to. I don't get monthly statement from them all and most of my original debt has been sold on. I haven't received any offers to settle, so I only know that I owe Tesco £170. Don't know where the rest goes.

I would ask stepchange to give you the details of accounts and statements they have.

You can then write to each creditor yourself and make reduced settlement offers.

Given your limited income, that's probably your best bet.

You maybe better taking over from stepchange, you can get plenty of help on here.

HB

sourcrates

Agree with Happybunny on this, any help you need, simply ask !!!

trying-very-trying

Thank you happy_bunny, I never thought about asking stepchange for the contact details of my debts. That's just what I'll do, see what happens. I'll try and get on to that this afternoon. I actually have the cheque but until it goes into my account, I don't have to declare it, so I'm trying to work out what goes where. Doesn't look like I'll need to worry about having any left over :-(

trying-very-trying

Right, just off the phone to stepchange. I now have tel numbers for every one I owe money to, and stepchange are sending me out a statement of my dmp. I'll wait for that to come, then I'll phone each company and ask for contact addresses, I shall then write to each company making my offers. I'll use the letter that newcastle paul has written above. Does that sound like a good plan?

happy_bunny_2

trying-very-trying wrote: »

Right, just off the phone to stepchange. I now have tel numbers for every one I owe money to, and stepchange are sending me out a statement of my dmp. I'll wait for that to come, then I'll phone each company and ask for contact addresses, I shall then write to each company making my offers. I'll use the letter that newcastle paul has written above. Does that sound like a good plan?

I wouldn't phone, once they have your number they can are likely to make your life a misery.

I would write to each company. You need everything in writing as DCAs will say stuff they would never put in writing.

You can google to get their address.

You may also want to think about where you say the money is coming from. If they think it's yours, they may up the game to get you to pay, maybe including court threats.

This is worth a read:
https://www.nationaldebtline.org/EW/factsheets/Pages/24%20EW%20Full%20and%20final%20settlement%20offers/Default.aspx

trying-very-trying

Thanks happy_bunny that link is very useful and I shall use its advice when I come to making my final offers.

Space182

Hello all,

Tesco responded to my CCA request letter, which wasn't signed on purpose, with the following: -

"Thank you for requesting personal data held by Tesco Bank.

Unfortunately, you've not provided a signature as authority for Mr X. To allow us to continue with your request, please return a copy of this letter with the correct signature.

Signature_______________
Mr X"

Am I right to think they are trying to trick me into giving them my signature so they can mock up a CCA retrospectively?

Does anyone have suggestions on how I should respond? Does anyone know if the Consumer Credit Act requires a signature with a CCA request?

Thank you in advance for your help.

sourcrates

Space182 wrote: »

Hello all,

Tesco responded to my CCA request letter, which wasn't signed on purpose, with the following: -

"Thank you for requesting personal data held by Tesco Bank.

Unfortunately, you've not provided a signature as authority for Mr X. To allow us to continue with your request, please return a copy of this letter with the correct signature.

Signature_______________
Mr X"

Am I right to think they are trying to trick me into giving them my signature so they can mock up a CCA retrospectively?

Does anyone have suggestions on how I should respond? Does anyone know if the Consumer Credit Act requires a signature with a CCA request?

Thank you in advance for your help.

They are been pedantic, send this to them :


Request for a signature before release of Information

Dear Sirs,

Account No:

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 please note that to date you have happily sent statements and correspondence containing extensive sensitive private information to my address and so I have to ask, if you are so concerned that you are corresponding with the correct person why has it taken you so long to raise this?

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.

I look forward to receiving the documentation requested, within the next 14 days.

Yours faithfully




Sign digitally

Space182

sourcrates wrote: »

They are been pedantic, send this to them :


Request for a signature before release of Information

Dear Sirs,

Account No:

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 please note that to date you have happily sent statements and correspondence containing extensive sensitive private information to my address and so I have to ask, if you are so concerned that you are corresponding with the correct person why has it taken you so long to raise this?

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.

I look forward to receiving the documentation requested, within the next 14 days.

Yours faithfully




Sign digitally

Thank you sourcrates, great letter!! I'll let you know how I get on...

bennyhill_2

Hi there, I've recently done a s78 request through a DCA for an old Tesco's debt and had the same letter back from them. In fact the letter landed with me today - I simply called them and advised that I won't be providing a signature and the reasons why.

The woman advised that because I had passed the security questions she would be able to advise the person/department who sent the letter to proceed. I asked if she could advise if they hold the details but she couldn't answer definitively.

HTH