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Squirrelnutkin UE Diary

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  • #1

    Squirrelnutkin UE Diary

    Hi,

    I hope I am doing this properly...please tell me if anything is wrong!

    I have 6 debts, all dating from before 2000. I was diagnosed with cancer in 2000 and underwent major surgery; I was unable to return to work afterwards. CAB helped me to arrange token payments with all my creditors the following year, and the arrangements have been in place ever since.

    I have not made a full payment on any since 2001.

    Debts are as follows. I have only requested a copy of the CCA agreement from the first so far...

    CAPITAL ONE:

    Credit Card.
    Applied for:1998
    Last full payment:2001
    Token payments from 2001 to present
    Current Balance:approx £2400
    Default Notice issued:July 2010
    CCA requested and "reconstituted copy" received.
    Being managed by: Capquest

    NATIONAL WESTMINSTER:

    Credit Card
    Applied for: pre 1999 (no idea of exact date-probably some years before that)
    Last full payment:2001
    Token payments from 2001 to present
    Current Balance: approx £3500
    Debt appears to be owned by Intrum Justitia and managed by Outstanding Services

    RBS MINT (was ADVANTA)

    Credit Card
    Applied for: pre 1999
    Last full payment:2001
    Default Notice issued February 2002
    Token payments from 2001 to present
    Current Balance: approx £3470
    Debt managed by Intrum Jusititia

    Barclaycard

    Credit Card

    Applied for: pre 1999
    Last full payment: 2001
    Token payments from 2001 to present
    Current Balance: approx £3100
    Debt still with Barclays

    MBNA

    Credit Card

    Applied for: pre 1999
    Last full payment: 2001
    Token payments from 2001 to present
    Current Balance: approx £3900
    Debt owned by Link FS (or managed by them-not sure which but have been making payments to them for years)

    MASTERLOAN

    Loan

    Applied for: pre 1999 (but I seem to remember it was increased from a smaller loan possibly in 2000)
    Last full payment: 2001
    Token Payments from 2001 to present
    Current Balance: approx £10,500
    Debt still with Masterloan

    Do I need to add anything else?
    Tags: accounts, application form, bank, barclays, capital, capital one, capquest, card, cca, cca request, ccj, con, crapquest, credit, creditor, creditors, dca, debt, debts, default, defaulted, dmp, email, financial, letter, loan, masterloan, mbna, niddy, payments, phone, prescribed terms, signature, stay, stop, telephone, template, threat, ue diary, unenforceability, unenforceable, update
  • #2
    Re: Squirrelnutkin UE Diary

    Due to the age of these debts request a CCA for all of them and email me the agreements you get sent - stop paying on them all as well - you do not need to plus you need to get defaulted. as things stand these accounts will stay on your credit file for some time now - you need them to be defaulted so after 6yrs they drop off once and for all....

    So, stop all payments and cancel any DMP citing you're looking into unenforceability process. Then send a CCA request to each creditor and email me, as per my signature, when they respond,

    I'd guess all your debts will be UE.......
    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

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    • #3
      Re: Squirrelnutkin UE Diary

      welcome
      just let nid quide you and you will be fine xxxxx
      if you do it today and you like it you can always do it again tomorrow

      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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      • #4
        Re: Squirrelnutkin UE Diary

        Thank you Nanna...I will indeed but am really scared to be honest with you xx

        Comment

        • #5
          Re: Squirrelnutkin UE Diary

          Hi, at the start it is really scary and there are still days when it is still scary. Just listen to what Niddy tells u and you will be fine, it does get better x

          Comment

          • #6
            Re: Squirrelnutkin UE Diary

            Thank you...you are all very kind! xxx

            Comment

            • #7
              Re: Squirrelnutkin UE Diary

              Originally posted by Squirrelnutkin
              CAPITAL ONE:

              Credit Card.
              Applied for:1998
              Last full payment:2001
              Token payments from 2001 to present
              Current Balance:approx £2400
              Default Notice issued:July 2010
              CCA requested and "reconstituted copy" received.
              Being managed by: Capquest
              This is unenforceable - Crappy1 have sent you an application, which does not contain or link directly to any prescribed terms. You should stop paying towards this account and stop talking to people on the phone about it - Refer to my last post here: Last Post - basically respond with this and see what they send back: ---> viewtopic.php?p=1629#p1629

              Well done - 1 down :UE :UE
              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

              • #8
                Re: Squirrelnutkin UE Diary

                Phew...thanks Niddy!

                I will get that letter off to them asap. Oh just thought...do i send it to Capquest, who are handling account again and harassing me, or to Capital One who sent me the Reconstituted CCA?

                Comment

                • #9
                  Re: Squirrelnutkin UE Diary

                  You send to Crappy1 with a copy to CrappyQuest and a one line cover letter saying see attached. Do not, whatever you do, be suckered into signing for anything - be careful never to sign your name cos if they get your siggy they WILL add it to an agreement......
                  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

                  • #10
                    Re: Squirrelnutkin UE Diary

                    Ok will do...thanks again.

                    Comment

                    • #11
                      Re: Squirrelnutkin UE Diary

                      Best of Luck y
                      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

                      • #12
                        Re: Squirrelnutkin UE Diary

                        Capital One

                        Type: Credit card
                        Date commenced: 1998
                        Approx balance: £2400
                        Date last full payment made: 2001
                        Arrangement: Token payments until October 2010, now not paying
                        Status: default notice issued 17.08.2010
                        Account being managed by Capquest

                        Key:
                        Sent
                        Received
                        Other information
                        4.09.2010 CCA request sent

                        24.09.2010 Copy of reconstituted CCA in form of application form plus T and C's received from Capital One
                        Niddy says CCA is :UE
                        29.10.2010 Letter sent to Capital one with copy to Capquest as per Niddy's advice
                        4.11.2010 Letter acknowledging receipt of letter from Capquest
                        5.11.2010 Letter acknowledging receipt of my letter from Capital One
                        11.11.2010 Letter from Capquest informing me that Capital One have instructed them to collect as normal and they "look forward to hearing" from me.
                        16.11.2010 Letter sent to Capquest as per Niddy's advice in post of 12th Nov
                        17.11.2010 Letter received from Capital One with no enclosures, stating they have complied with their obligations and insisting account is enforceable and balance remains fully due.
                        24.11.2010 Letter received from Capquest saying that they are no longer dealing with account and have returned all information to Capital One.
                        30.11.2010 Copy of letter I sent to Capquest on 16th November sent to Capital One as account has now been passed back to them.
                        5.1.2011 Letter received from Capital One dated 16.12.2010. They are still insisting agreement is enforceable. They state that they will not be closing the account and the full outstanding balance is due and payable.
                        17.1.2011 Letter received from Capquest dated 13th January firstly offering a reduced settlement figure of £1977.84...then going on to threaten seeking an Order of the Court and a Warrant of Execution to seize goods.
                        21.1.2011 "Threat by Lender/D.C.A - To commence litigation" letter sent to Capquest as per Niddy's post of today.
                        4.2.2011 Letter dated 1.2.2011 received from Capquest saying they are closing the account on their system.
                        5.2.2011 Letter dated 2.1.2011 received from Capquest saying account has been place on hold while they investigate the matter.
                        11.2.2011 Letter received from Capquest dated 10.2.2011 saying that Capital One insist there is no valid dispute and requesting offer of payment.

                        14.3.2014 Letter received from Capquest dated 12.3.2013 stating that Capital One have advised that they responded to "your Section 78 dispute" on 11.11.2013 with their final response that the agreement has been supplied correctly. (I HAD RECEIVED NO SUCH LETTER). They said if my dispute was in regards to another matter I should forward full details so they could forward it to Capital One for their response.

                        2.6.2014 Letter received from Capquest dated 29.5.2013 telling me they are "able to obtain regular updates from credit reference bureaux" regarding your "current financial position" including information about my current bank balances.
                        Letter stated they us these to determine recovery strategy which "may include legal action". State that they can offer a "large discount" for one off payment and demand I contact them by 12th June.

                        16th June Letters sent to Capquest as advised in post of 11 June. (SWID and Harrassment letters in same envelope)

                        27th June Letter dated 24th June reveived from Capquest stating they were looking into my complaint and had put account on hold.

                        5th July Letter dated 4th July received from Capquest. Have sent bundle of photocopies which were originally sent out by Capital One back in 2010. No reference to the letter they claimed Capital One had sent on 11th Novemeber 2013 which clearly does not exist. The documents are the ones Niddy deemed "unenforceable" when they were originally sent out in 2010 (a copy of "Original Agreement" which is an application form and unlinked T&Cs plus a "Current Agreement" which is another set of unlinked T&Cs.

                        5th November 2016 Letter received from Shoosmiths Solicitors dated 4th November saying they are acting on behalf of Capquest. They said their client was "keen to find a suitable solution to enable me to pay the sum outstanding. We may be able to accept less than the balance etc etc"

                        19th November 2016 letter dated 18th November asking me to contact them by phone immediately with my repayment proposals. They threaten that "if we cannot agree during next 14 days they will issue Court Proceedings. We will not contact you again to warn you that proceedings have been issued."
                        Last edited by Squirrelnutkin; 21 November 2016, 16:39. Reason: Update

                        Comment

                        • #13
                          Re: Squirrelnutkin UE Diary

                          Originally posted by Squirrelnutkin
                          Capital One
                          11.11.2010 Letter from Capquest informing me that Capital One have instructed them to collect as normal and they "look forward to hearing" from me.
                          Send this back to CrapQuest: ---> viewtopic.php?p=2309#p2309

                          Muppets never learn ;LOL ;LOL
                          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

                          • #14
                            Re: Squirrelnutkin UE Diary

                            Niddy,

                            The text of the letter I have received today from Capquest (dated 9.11.2010) is as follows:

                            "We can confirm we forwarded your previous correspondence to our client and their response is as follows:

                            'We have already sent copy of section 78 agreement, I have passed letter to relevant department so they can sent out appropriate documents again, please continue to collect as normal.'

                            We look forward to hearing from you."

                            I have to date received nothing from Capital One itself except their acknowledgement of my letter in which they said the usual "it's going to take us a little while to look into your situation and come back with a detailed response. We'll do everything we can to get an answer to you within four weeks of this letter". Letter is dated 4.11.2010.

                            Do I need to respond to Capquest or just await a response from Capital One? Your advice much appreciated as usual!

                            Comment

                            • #15
                              Re: Squirrelnutkin UE Diary

                              My goodness Niddy, you replied in time it took me to type all that out-did not realise you would read straight away ;LOL

                              Comment

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