Masterloan - Help & Advice Please

[The Debt Star]

Re: Masterloan - Help & Advice Please

I shall strike them down with the full power of the Force!

[jumper999]

Re: Masterloan - Help & Advice Please

Or you could kill them with a single thought and hack away at their necks till they bleed to death Lol:cancan:

[The Debt Star]

Re: Masterloan - Help & Advice Please

Or you could kill them with a single thought and hack away at their necks till they bleed to death Lol:cancan:

I hope no one messes with you Jumper!

lol, what happened to the last doorstep collector that came to your home?

[jumper999]

Re: Masterloan - Help & Advice Please

SSSSSSHHHHHH! Between me & you he is still buried under the cellar LOL!

[The Debt Star]

Re: Masterloan - Help & Advice Please

Can I use your postal address from now on?

I send 'em to ya and you make your tasty DCA pies, ok?

Sweeney

[The Debt Star]

Re: Masterloan - Help & Advice Please

if you have registered a complaint against them to the FOS they should put things on hold until the FOS reach their final decision.

strictly speaking they don't have to but you can request the FOS send them a letter asking them to desist from action during an investigation, which is then produced at court when applying for a STAY in proceedings

A word of advice, when you complain to the FOS make sure you do not leave anything out. Send them every little detail you possibly can. Hopefully that way the FOS will be able to make a proper decision on where to go.

yes, a full FOS complaint rendered. I believe I have a case against Barclays because:

1. although I haven't been paying them for nigh on 2 years, I am entitled to statements, excess notices and these have not been sent to me.
2. no notice of assignment was sent.
3. they (the DCA) state the account has been terminated and they now own the debt
4. no termination notice was sent by Barclays.
5. The DCA say default at CRAs but no DN was sent either.

so, to me, this looks like a massive breach of the OFT Guidance on debt collection particularly if they do start harrassment as promised and possibly there is unlawful rescission here.

I will clearly know more when I get my SAR and CCA.

[jumper999]

Re: Masterloan - Help & Advice Please

Can I use your postal address from now on?

I send 'em to ya and you make your tasty DCA pies, ok?

Sweeney

No probs, just let me know in advance when they come LOL!!!!!!!

TDS, have you checked your CRA and what is registered on there?

[The Debt Star]

Re: Masterloan - Help & Advice Please

No probs, just let me know in advance when they come LOL!!!!!!!

Don't think I can Jumper, debt collectors must turn up without notice to be effective terrorists I believe? So just keep the meat clever to hand by the front door just in case.

TDS, have you checked your CRA and what is registered on there?

The DCA letter said that a Default HAS been registered and on that basis I have complained to the ICO and FOS. They are in breach of the ICO's guidance on this.

[jumper999]

Re: Masterloan - Help & Advice Please

Well I have checked all 3 CRA's and all 3 of them have different dates and information relating to my defaults registered by my lender, and I have not complained to the ICO or anyone else as I believe it would be a waste of time IMO.

I ain't going to waste any more paper or ink too, bloody my ink is so expensive LOL!!!!!!!!

Best thing to do is which I done was to keep an accurate paper trail of everything e.g, when they wrote me a letter, I sent them this reply, etc etc.

I have prepared my defence and sent it and as of yet have received no response, even to my CR 31.14 and other requests sent special delivery.

Also HSBC have not been have a good day in the press lately either, so will have to wait and see what comes of this.

HSBC sued for £5.7bn over 'failure' to spot Bernie Madoff fraud | Mail Online

just saw this on the news this morning, very bad indeed

Mark Madoff in suicide 2 years on from dad Bernard Madoff's arrest - mirror.co.uk

[The Debt Star]

Re: Masterloan - Help & Advice Please

Paragraph 24 on the attached ICO Technical Guidance
http://www.ico.gov.uk/upload/documen...3%20%20doc.pdf

[The Debt Star]

Re: Masterloan - Help & Advice Please

I ain't going to waste any more paper or ink too, bloody my ink is so expensive

Yes, I agree, the ICO does appear to be a waste of time. But its all we've got

As for the ink, when I had a dispute with HSBC (you know about that from OTR), I sent them a bill for £36 for ink cartridges and they paid it! So our Barclays chums will be similarly sent my expenses account in due course.

[jumper999]

Re: Masterloan - Help & Advice Please

Thanks TDS, I have read this and will be using when and if the time comes but as for now I have my hands and feet and everything else full LOL!

[The Debt Star]

Re: Masterloan - Help & Advice Please

Those following this thread will know that I expressed concern that a Default would be slapped on the credit files some 4 to 5 years after the account defaulted and entered a DMP with CCCS (and then later on a repayment arrangement direct with Barclays). No payments made to Barcrap (I have since found out) since late 2008.

Sooo...I emailed the ICO and asked them if a Default can be plonked on the credit files after this length of time (assuming a default notice was sent back in 2006 or subsequently).

This is their response.

Now, am I correct in thinking that Barclays CAN'T just plonk on a Default in these circumstances?

Thank you for your email of 12 December 2010 regarding information recorded on your credit file.

As you may be aware, the Information Commissioner’s Office (the “ICO”) is the UK ’s independent authority tasked with overseeing and enforcing the Data Protection Act 1998 (the “DPA”). The DPA covers the processing of personal data (i.e. any data which relates to a living individual who can be identified from that data) within the UK .

The first principle of the DPA requires personal data to be processed “fairly”. For a default to be considered “fair”, in most cases it should only have been recorded when the account was between 3 and 6 months in arrears. If the default is recorded when the account is less than 3 months in arrears, it is likely to be unfair that the individual was not given more time to bring the account up to date. If the account is more than 6 months in arrears, the lender should have taken steps by this point to re-negotiate the terms of the credit agreement to ones that the individual is more able to meet.

There are some circumstances where an account could be defaulted before it was 3 months in arrears (such as where the lender has categorically stated that they will not meet the terms of the agreement). However, it is likely that most lenders would wait for the account to be at least 3 months in arrears before recording a default.

In the event that a lender and an individual have an arrangement to make a reduced monthly payment (i.e. an “Arrangement to Pay”), this should only apply for a maximum of six months. After six months, the lender has two options:

· If the individual is unable (or unwilling) to return to contractual payments, the lender may place a default on the account, OR;

· If the lender is willing to accept reduced payments on a permanent basis, the account must be rescheduled. This may take the form of a new agreement or modification to the original agreement. If a new account is set up for the individual, then the original agreement should be shown on the credit reference file as settled with the correct payment history up to the time of rescheduling. If the rescheduling results in a modification to the original agreement, the correct payment history up to the time of rescheduling should again be shown, but in this case the credit reference file will not show the account as settled. Information filed after the rescheduling should reflect payments made on the terms of the modified agreement

If a lender places a default on an account more than six months after the account first went into arrears, then this is likely to constitute a breach of the DPA. If this has happened in your case, you can raise the matter as a complaint under the DPA using our data protection complaint form. If you do choose to complaint, you will need to provide us with an up to date copy of your credit report, any correspondence between yourself and the lender regarding this matter and any other information you have which may support your complaint.

For more information, please see our guidance note on filing defaults with credit reference agencies. While this note is written for organisations rather than individuals, you may find it of use.

I hope that this information has been helpful. If we can be of any further assistance please contact our Helpline on 0303 123 1113 or visit our website at www.ico.gov.uk.

Yours sincerely

Case Officer (First Contact)

Information Commissioner's Office, Wycliffe House, Water Lane , Wilmslow, Cheshire SK9 5AF
T. 01625 545816 F. 01625 524510 www.ico.gov.uk

[Caspar]

Re: Masterloan - Help & Advice Please

That's a result DS - you got a reply and it looks like they might do something if you fill in the right form. All I've read recently (and indeed my experience) has been of them backing the official organisations making their existence pointless.

[The Debt Star]

Re: Masterloan - Help & Advice Please

Hi, yeah a response, but is the ICO saying that a creditor can't register a default if the delinquency in account management arose more than 6 months ago? Or, 6 months after an AP isn't honoured by a debtor? That appears to be what the ICO are saying.