Frightened about my future

mouseann

Hello everyone,

Just to let you know that I am back home - after a very hot journey! Weather is still steaming hot!

The last couple of days have been great - have been out and about with son and his family, plus playing with and cuddling grand-daughter! Was quite a wrench to say good-bye to them this morning - but I have a return "gig" doing the same for nearly 3 weeks in just over 6 weeks time. (Daughter-in-law was very grateful to see the ironing done, didn't notice the iron - well didn't actually look at it while I was there - and I think I managed to clear up the evidence of the dog going into the living room!)

Have read all the posts with interest. Glad to hear that you are drinking in my absence - would have joined in had I been around! Plus the analysis of dreams is very interesting. And hello to Roob - thank for the advice!

Now back to reality of everyday living ....

savingwannabe

Welcome back. You must be tired after a long drive. It is vvvv warm here!

hugs, SW.

never-in-doubt

mouseann wrote:

1. Santander - Letter arguing that it is enforceable

Send the following back to Santander: CCA Query

mouseann wrote:

2. HBOS - Letter from HBOS saying that they are investigating my complaint.

Just sit tight and see what they come back, we already know what it will be but could be funny if they personalise a response tailored to your last letter

mouseann wrote:

3. Barclaycard/Goldfish - Letter in response to 2878 insisting that the account is enforceable

Send this to them: Debtors Final Response - CCA Received

mouseann wrote:

4. First Direct - Letter pointing out that my a request letter was not signed. I originally sent the letter at post 2124. Is there anything I can do to stress that they are NOT going to get a signature from me - and do not need one?

See letter below - send that

mouseann wrote:

5. Barclays - Default Notice received & they threaten to pass the accounts to Mercers. (Not sure whether they should have a letter about the account being sold whilst in dispute?)

Nah, let them sell it to a DCA - this stops interest and charges, but its when the DCA write to you that you actually send them the account sold in dispute template, at the moment you'd simply send this back to Barclays: Debtors Final Response - CCA Received

Regards to First Direct, and in fact any of the other 3 that demanded your signature, if they refuse to accept it then respond with this:

Dear Sirs,

Account No: XXXXXXXX

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 prior to acknowledging my s.78 request to which I already replied explaining my rights and the fact that a signature is not necessary in order to provide me with the documents requested, being you already write to me at this address; coupled with the fact there is no provision that requires I send a signature anyway.

As a result of you failing to acknowledge my lawful request, this account is now deemed unenforceable, in line with s.127(3) and s.65(1) (CCA1974), and will remain so until such time you respond to me, with the information originally requested.

Any attempt to pursue this account via a debt collection agency or the court system will be averred as unlawful and vexatious and will be defended at the highest level. Because you're stating that you need my signature, in essence to prove who I am; my first port of call will be to question your integrity because it appears you've been sending sensitive data, including statements to this address for some time now. Obviously if you're that unsure of my identity now, I do have to question why a signature request was not made before you sent me each statement, or prior to each other correspondence sent? Surely you can see where i'm going with this and also see that you're going to lose if you continue with this belligerence.

For the final time, 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, to date you have happily sent statements and correspondence containing extensive sensitive private information to the same 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? Please answer this point in your reply, i'd like to know why.

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.

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. As such, I look forward to receiving the documentation requested, within the next 14 days, otherwise please stop corresponding with me, until you are certain I am the person responsible for the account in question.

Yours faithfully




Sign digitally

mouseann

never-in-doubt wrote: »

Send the following back to Santander:

Thanks for all this, Niddy.

Most impressively fast response!

Hasn't taken me as long as I thought it would to get the situation updated - thanks to you!

never-in-doubt

As a result of the above response to FD, i've added it as a new template to my thread as well!!

So handy for others, that keep getting fobbed off!

11.1 - Formal Response to Request for a signature (Follow Up Letter)

mouseann

never-in-doubt wrote: »

As a result of the above response to FD, i've added it as a new template to my thread as well!!

So handy for others, that keep getting fobbed off!

Thanks Niddy,

It was quite a pain to get asked for my signature again!

never-in-doubt

mouseann wrote: »

Thanks for all this, Niddy.

Most impressively fast response!

Hasn't taken me as long as I thought it would to get the situation updated - thanks to you!

Hi Ann

Basically, the FD account is now unenforceable, their hands are severely tied as they are kinda asking you to prove your identity, so you're now saying - Oh, if its not me then go away and stop hassling me, however if it is me, then send the bloody documents!! If you see what I mean (iyswim)!

Soo, in a nutshell the lenders have simply argued your point of UE, stating they believe them to be enforceable, well that's to be expected of course! I'd hate to think they all just back down and say "Ok, forget it" - so we're over the half way point now, you'll find that most of these lenders will now send you a final response letter referring you to the FOS (if you want to) and then they will sell the account to a DCA.

So next move will be to go round in circles til they send their final response, you then respond with your own final response which closes communication with the original creditor (OC). From that, things will go quiet and then all of a sudden a DCA will write to you with idle threats, at that point you then respond to the DCA with the Account sold whilst in dispute template (template 7), basically telling them to get lost and to speak to the OC. They will send an exact copy of what you've already recieved from the OC and so the cycle starts again, you'd then send them the s.10 letter (template 4) followed by the final response letter (template 17) finally sending the refusal to accept letter (template 19)...

The template numbers I refer to are all here: Unenforceability Templates from Niddy

So, as you can see it'll be around another 6-10 weeks of letters afterwhich things will draw to a close and that'll be you, done and dusted (as they say)!

All clear? Happy?

savingwannabe

This is nice. It makes me feel safe. Well done the Nid and Ann.

3Dogs

Welcome back Ann - that poor dog will be getting wrong now for trying to get into the sitting room all the time. In answer to your much earlier question, I manage with 3 dogs by allowing them to go where they want, when they want - much easier. I'm not houseproud luckily. Oh and hubbie does most of the walkies.

It doesn't take long for you and Niddy to get back down to business - I suppose that is what the thread is for really .................... but ................. chatter is more fun he he he

mouseann

never-in-doubt wrote: »

All clear? Happy?

Thanks Niddy,

This is very reassuring!

I am certainly looking forward to it all being "done and dusted"!

My only slight concern is that I am going to back to my son's for nearly 3 weeks in about 6 weeks time. Hopefully, any communication which arrives while I am away can wait until my return? The stuff waiting for me today certainly could wait - not sure whether I will receive anything more urgent than that?