Good bye Debt - Hooker Acc's

[Hooker]

Nothing from MBNA ... summary of correspondence as follows ..

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. 12/11/18 - Letter from Link confirming Gregory Pennington not acting any more. Please contact us to discuss future repayments .
6. 16/11/18 - Letter from Link advising account due for an affordability review . Three options to proceed & number for assistance. Assume I ignore
7. 26/11/18 - Letter from Link - monthly payment overdue . If not paid immediately plan will be cancelled (!) and full outstanding balance due
8. 17-12-18 Letter advising I am due for affordability review. If we don't hear from you we will continue with repayment plan set up with DMP
9. 08/01/2019 Letter from Link.. " You have failed to make regular payments in accordance with agreed schedule ( with DAL ) ... and we have cancelled the agreement. Please contact us to discuss

[Warwick65]

Good news from Cabot -keep that letter

Have you had cca responses for the MBNA accounts?

[Hooker]

Updates added to Mint account & 3 x MBNA accounts following correspondence received

Happy new year

H

[Hooker]

Latest update just posted in B'card thread ..

1. 27/11/18 - Letter from Barclaycard - No longer hold a copy of the executed agreement BUT Regulation 9 of CNC Reg's confirms that for acc's opened before 1985 ( as mine) the copy agreement may comprise an easily legible statement of current terms.......... Due to the current status of your account the full outstanding balance is due.
2. PRA Group letter 29th November 2018 - Encloses the B'card letter 27/11/18. We are awaiting further documents & currently deem your debt unenforceable . Please be advised that debt is not written off & we are legally entitled to ...Contact you and ask that you pay ... Pass details on to 3rd part collection agency ... Continue to report account to credit reference bureaux.

Mixed messages ??

H

[Enforcer]

Capital one do not play fair, they even phoned my workplace, however their "agreement" turned out to be unenforceable and has now gone away, statute barred. But Cap1 & Barclaycard were Bar Stewards to deal with, hold your nerve you will come out fine.

[Hooker]

Thanks , I will sit tight

H

[Roger]

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!

[Hooker]

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

[Hooker]

Thank you , I will send shortly

H

[The Tech Clerk]

as they are no redaction Niddy is the only person to see them and is an authorised person for purposes

[Hooker]

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

[Hooker]

Thank you both

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

Regards

H

[Joanna Connolly Solicitors]

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

[Warwick65]

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

[Hooker]

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