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  • #16
    Thanks , agree

    Comment


    • #17
      Dear Roger

      Quick question on website admin'

      I have been updating my posts on each card ... does this show up as new activity ?

      H

      Comment


      • #18
        There do seem to have been problems with email alerts but I am noe getting them so hopefully all fixed

        Comment


        • #19
          yes there was a blip, sorted
          I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

          If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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          • #20
            Great , thanks for confirming

            H

            Comment


            • #21
              In case this hasn't appeared in my posting activity I have updated my Capital One diary with details of a letter from Capitol providing copy of a signed agreement.

              I would appreciate advice on next steps please

              H

              Comment


              • #22
                I am a bit confused, here you say it is a signed copy but on your cap 1 diary entry you say it is reconstituted.

                Anyway, there is a lot more to it being enforceable than just the agreement , mine was from late 2005 with Lowell and they lost in court because they could not show the account had been defaulted or I had been sent a default notice

                As for them saying it is enforceable - well they would say that wouldn't they .
                Maybe they have complied with S78 but there is a bucket load more, especially fro pre 2007 debts

                Comment


                • #23
                  Originally posted by Hooker View Post
                  Capital One (Europe) Ltd Credit Card ****770
                  • Date commenced - 16/02/2005
                  • Approx balance at default - £11,344
                  • Default - 22/01/2013
                  • DMP commenced with Debt Advisory Line 01/04/2013
                  • DMP transferred to Gregory Pennington ( DAL take over) December 2017
                  • Last payment to GP - September 2018
                  • Account owner - Capital One (Europe) Ltd
                  • Balance - £6,764
                  • Status - Default

                  CORRESPONDENCE
                  1. SAR letter sent to GP - 15/10/2018
                  2. Email response from GP - 03/11/2018 including summary of debt ie Owner , balance & reference
                  3. Email to GP 03/11/2018 - SAR letter attached and request for release of all information held
                  4. 77-79 CCA letter sent 6/11/18
                  5. 13/11/2018 - Letter from Cap' One - "Thank you for telling us about your financial situation " ..." We can help get you on track with one of our payment plans..". " Please return completed form". Assume I ignore ?
                  6. 20-11-18 Letter from Capital enclosing ' reconstituted copy' of original agreement & scanned copy of signed page .Statement that my agreement is enforceable & that it will be treated as such . Account is in default.


                  Send the documents from Capital One to Niddy for an opinion of whether it's enforceable or not using this email address webmaster@all-about-debt.co.uk

                  Capital One can be slow to assign their debts but it may end up with Lowell eventually.

                  Di

                  Comment


                  • #24
                    Thank you both

                    I will send the documents which include a copy of a signed document which they refer to as 'reconstituted'.

                    Regards

                    H

                    Comment


                    • #25
                      Quick question on 'protocol' .... when sending documents to Niddy should I affect them so that my personal details are removed .

                      I am easy either way but thought I should check

                      H

                      Comment


                      • #26
                        as they are no redaction Niddy is the only person to see them and is an authorised person for purposes
                        I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                        If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                        Comment


                        • #27
                          Thank you , I will send shortly

                          H

                          Comment


                          • #28
                            Thank you to Niddy for reviewing the Cap' 1 documents.
                            Initial advice is that it looks UE and is should be easy to find further faults.

                            Should I be responding or taking other action ?

                            H

                            Comment


                            • #29
                              Originally posted by Hooker View Post
                              Thank you to Niddy for reviewing the Cap' 1 documents.
                              Initial advice is that it looks UE and is should be easy to find further faults.
                              Should I be responding or taking other action ?
                              H
                              The new thinking is not to alert them to an UE CCA we don't want them to Reconstitute a CCA that is EN!
                              So silence is the order of play here. Post up any letters they send and you will receive advice.
                              But that's really good news!

                              Comment


                              • #30
                                Thanks , I will sit tight

                                H

                                Comment

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