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  • #1

    Capitol one have sent me a novel

    hi all im new to all this I got into debt after losing my job on health grounds a few years ago, I used all my savings making payments to cccs on a dmp, when the savings run out I decided I had to feed my family instead of paying my dmp so left it to pay token payments to all.
    I have been sending cca requests and so far three cant find agreements and then I recieved a cca off capitol one that looks like a large novel, but I think it looks enforceable to me, will send to niddy to check but not hopeful.
    it was defaulted in dec 09 and then dmp payments till april this year, now they only get token payment.
    I will try and set up a diary at the weekend and list all other debts.
    Tags: application form, april, broke, cap, cca, comi, court, creditors, debt, debts, defaulted, delay, details, dmp, email, family, health, help, income, job, letter, list, missing, niddy, no cca, payments, prescribed terms, reimburse, savings, see., share, signature, small, stop, ue diary, unemployed, unenforceability, unenforceable
  • #2
    Re: Capitol one have sent me a novel

    Hi Tinman,
    Don't get downhearted, see what Niddy has to say. If it's like a small novel it sounds like a reconstruction. Does it actually have your signature on it?

    Comment

    • #3
      Re: Capitol one have sent me a novel

      yes it has my signature on an application form from 97, but I remember on the original at the back there was only a small amount of t&c's not the pages they sent me in the reconstruction.

      Comment

      • #4
        Re: Capitol one have sent me a novel

        Hi Tinman

        Have a look and a read here Help with Unenforceability - allaboutFORUMS

        it would be useful if you can give us the whole picture, all debts, when they were taken out and where you are with them now. If you have three admissions that they have no CCA, you need to stop paying those NOW, don't worry about the Cap 1 one until Niddy has had a look, oads of bits of official looking paper do not make it enforceable, in some cases neither does a signature so lets wait and see.

        Comment

        • #5
          Re: Capitol one have sent me a novel

          Hiya

          It'll be a recon, don't worry! If you can send me (via email) a copy of the cover letter and the actual agreement then i'll let you know exactly what is going on.....

          Also, please read this - as without it we won't be much help, as we like to know the full picture prior to helping with anything UE...

          ---> allaboutFORUMS - View Single Post - Unenforceability Diaries - Read me First!
          I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

          If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

          Comment

          • #6
            Re: Capitol one have sent me a novel

            i don't understand how the DMP CCCS allowed you to make payments only from your savings, if your were unemployed/health reasons. As i was a DMP with CCCS and was made Redundant.

            They informed me as there was no income coming in as i was unemployed that payment has to stop to CCCS......as i had made a recent payment, they said that they can either reimburse me the last payment in full, or i can make a minimum payment £5.00 for each from that payment i made to the CCCS 'I said Yes' (they sent a cheque back to me with a difference in return), or i can let it go through as payment to the creditors.......

            * Hasn't CCCS/DMP broke a rule in the T&C and tinman should be reimbursed from the last payment rather than keep on making payments (a bit late now)
            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

            • #7
              Re: Capitol one have sent me a novel

              Originally posted by 5corpio View Post
              i don't understand how the DMP CCCS allowed you to make payments only from your savings, if your were unemployed/health reasons. As i was a DMP with CCCS and was made Redundant.

              They informed me as there was no income coming in as i was unemployed that payment has to stop to CCCS......as i had made a recent payment, they said that they can either reimburse me the last payment in full, or i can make a minimum payment £5.00 for each from that payment i made to the CCCS 'I said Yes' (they sent a cheque back to me with a difference in return), or i can let it go through as payment to the creditors.......

              * Hasn't CCCS/DMP broke a rule in the T&C and tinman should be reimbursed from the last payment rather than keep on making payments (a bit late now)
              when I was made redundant I phoned cccs to ask to join a dmp and they said that my income was not enough for a dmp they would not consider anything under £100 a month 11/09 but I could use my redundancy payment to make a lump sum payment split between my debts or split it and use it as a monthly income after jiggling some figures around, I was so scared dealing with these people and ashamed about falling behind with my payments I agreed to pay to keep the wolves at bay, so they altered some figures on my dmp plan and I started the plan.
              I suppose like a fool I thought I would get better quick and find a new job before my savings ran out and I was happy that no one was knocking on my door or taking me to court.

              Comment

              • #8
                Re: Capitol one have sent me a novel

                Unfortunately this is one of the reasons why I have little faith in CCCS and I am sure that is why our sols told us to have nothing to do with them. They were right as when they investigated our agreements were unenforceable despite being backed up by "Application Forms" with signatures.

                I would suggest reading the sections Niddy has linked, send him the details requested and then starting a UE diary so that we can start to look into the best way of helping you.

                regards
                Garlok

                Comment

                • #9
                  Re: Capitol one have sent me a novel

                  Originally posted by Never-In-Doubt View Post
                  Hiya

                  It'll be a recon, don't worry! If you can send me (via email) a copy of the cover letter and the actual agreement then i'll let you know exactly what is going on.....

                  Also, please read this - as without it we won't be much help, as we like to know the full picture prior to helping with anything UE...

                  ---> allaboutFORUMS - View Single Post - Unenforceability Diaries - Read me First!
                  Thanks niddy, have emailed you a copy of the agreement and cover letter

                  Comment

                  • #10
                    Re: Capitol one have sent me a novel

                    Originally posted by thetinman View Post
                    Thanks niddy, have emailed you a copy of the agreement and cover letter
                    Cheers mate - sorry for the delay (busy as always) - have replied, it's as there are no prescribed terms nor anything linking to them, nor is there any attached terms (ie at outset and current terms)....
                    I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                    If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                    Comment

                    • #11
                      Re: Capitol one have sent me a novel

                      Originally posted by Never-In-Doubt View Post
                      Cheers mate - sorry for the delay (busy as always) - have replied, it's as there are no prescribed terms nor anything linking to them, nor is there any attached terms (ie at outset and current terms)....
                      wow thanks niddy that looked enforceable when it dropped into the batcave with its 14 pages of t&c's, do I stop the token payments and send the missing prescribed terms letter to cap 1.
                      Also I will set up diary later on and list all debt.
                      Thanks for all your help it is much appreciated.

                      Comment

                      • #12
                        Re: Capitol one have sent me a novel

                        Originally posted by thetinman View Post
                        wow thanks niddy that looked enforceable when it dropped into the batcave with its 14 pages of t&c's, do I stop the token payments and send the missing prescribed terms letter to cap 1.
                        Also I will set up diary later on and list all debt.
                        Thanks for all your help it is much appreciated.
                        I can't suggest anything unless you share details of all debts, so don't stop paying yet, lets see the "bigger picture" first.....
                        I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                        If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                        Comment

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