Debt questions from around the world, helping each other by giving and receiving advice on UK based debt.

Moderators: TalbotWoods, JaneClack

By Munchkin
#187606 I have been in DMP with my creditors for a little over a year. Have not missed any payments in this time.

I recently moved to Dublin and have been trying to come to new arragements with my creditors as a job I was offered was withdrawn and I have found alternative employment but not of the same pay level.

I wrote to them all giving them my address etc so they have full contact details (no phone no though...obvious reasons!).

HSBC have been fine, changed my address on the system and are corresponding with me and we are coming to arrangements.

Nationwide are being buggers and are telling me that they cannot update my address on the system (even though they will write to it!) until I provide them with a specimen signature as they don't have one on file, plus a copy of a bank statement from Ireland and my drivers licence. I DO NOT want to give them any of these, I don't send ID through the post anyway, but even more so the reason I definately don't want to send them anything is that they contacted me a couple of months ago telling me that they did not appear to have my credit agreement on file and enclosed another agreement asking me to sign it (which I declined and told them to stuff it - no agreement, no enforcement - not my problem they lost it and they have been horrible to me). If they had a copy of my bank statement they would know my bank account number etc over here!

As for Lloyds, well they have plain ignored my 4 letters now advising them of my new address and are still writing to my old address (new residents informed me but I told them to return to sender so they will hopefully get the message!).

What is these bank's problem? I could of just buggered off abroad and not told them and done a bunk, but I wanted to sort myself out and have tried to correspond with them to no avail. Do you think it may be because outside of the UK it is more difficult to correspond with me?

Nationwide have also mentioned legal action in one of their letters if I do not pay the whole lot back. What is the situation with CCJ's whilst resident abroad and they have your new address? Can a CCJ be issued to me in Ireland or can they issue it to your last known UK address even though you have given them your most recent address?

Does anyone have any suggestions?
User avatar
By Yogi Bear
#187607 Lloyds are just being hopelessly inefficient, but Nationwide are being either obstructive, devious or possibly both. They are entitled to request a change of address notification to be made in writing (which is presumably what HSBC did), to establish that it's genuinely the customer who is asking. But asking for copies of documents is quite unnecessary - and a disincentive, too: as you say, you could have just disappeared abroad without telling them. They obviously have got your new address on file somehow, otherwise they wouldn't be able to generate letters to you. I'd be inclined to write and lodge a formal complaint.

A creditor can try and get a CCJ at a 'last known' UK address, and having done that, enforce it anywhere in the EU using a European Enforcement Order. That may be why they're so reluctant to record your Dublin address, but they have a much bigger problem in that without your signature on the original agreement, they can't enforce it at all. I'm a bit surprised they've admitted that omission, in fact! If they do make any serious noises about legal action, you could write to them under s77/78 of the Consumer Credit Act 1974 asking for a copy of the agreement.
By Munchkin
#187932 Thanks for the response!

Well Nationwide would seem to have updated their systems as it is showing on my internet banking now, so I guess it HAS been updated.

Lloyds are still being difficult, another letter has been ignored and I called this morning to sort it out and the lady told me that they couldn't change it on the system unless I had my debit card with me as they needed to go through some security questions, but they know that I don't have a debit card anymore and haven't used the account. It would seem they are being problematic.

Is my next step to write to Lloyds by recorded delivery? What should I put in the letter? I think it is likely that they are avoiding updating my details so that they can give me a CCJ at my old address as when they acknowledge my new one I understand they can no longer legally do this.

Makes you wonder why we bother sometimes, I'm genuinely trying to come to arrangements and am concerned about charges etc being piled on and they are purposefully in my opinion being obstructive.
User avatar
By Yogi Bear
#187934
Munchkin wrote:Is my next step to write to Lloyds by recorded delivery? What should I put in the letter? I think it is likely that they are avoiding updating my details so that they can give me a CCJ at my old address as when they acknowledge my new one I understand they can no longer legally do this.

Yes - write Recorded Delivery to the Data Controller:
LLOYDS TSB BANK PLC
Address:
25 GRESHAM STREET
LONDON
EC2V 7HN

Insist that they update their records correctly in accordance with the Data Protection Act, and give them 28 days in which to do it. If they don't, or don't reply, then you have the evidence you need to lodge a complaint with the Information Commissioner:
http://www.ico.gov.uk/upload/documents/ ... _final.pdf
By Munchkin
#188213 I have fired off letters to all three banks' Data Controllers by recorded.

Oh you won't believe this. Lloyds only sent me a replacement CREDIT CARD to my old address this week! The previous occupants told me.

Surely this is in breach of Data Protection or something?