lorings UE Diary

[loring]

Hi
I have been working on these 3 debts for just over a year now since I moved home. My change of address seems to have triggered these creditors into action at the same time so I am almost sure this was related my credit file being updated with my new address by the CRA. I will give you an outline of each.

AIB Credit Card -£6k
I have been paying a small amount to this card since it was defaulted on in 1999.
Sent them a CCA s78 request and an SAR request in September/October 2009, their original response was to send me the last 6 years statements for my visa card with a letter stating they had complied with all my requests. A bit strange since I had banked with them since 1964 had several accounts, personal and business. I wrote back and informed them they had not complied with either request and the account was in dispute and stopped the monthly payments until they provided the requested documentation.
Then I heard from them in July 2010 when they sent me a "reconstituted" application form stating the account was opened in 1980 when I know it was 1987 it had no terms or conditions of any sort referred to on it. They also gave my address as one I lived at 12 years after applying for the card They also supplied "reconstituted" generic terms and conditions, they were just from a template and could be from any period. They still write to me saying they have now complied with Carey v HSBC 2009 judgement and the debt is enforceable. I do not believe I have a duty to inform them of their exact mistakes. I did question if they took the data from the original and asked them to recheck it as it was in error. They never bothered.

Capital One -£4k
Took this out in 1998 in a shopping centre in West London, defaulted in 2003.
I have been making small monthy payments to the DCA Capquest till recently on behalf of Capital One. When the default dropped of my credit file I found out that Capquest started to carry out Type 1 searches on my credit file every 2 months. I complained to them, of course they lied and said they were trying to find me, so I pointed out I had not moved address and I was receiving regular letters from them with fantastic reduction offers. I ignored their offers so then they wanted increased monthly payments.

Sent Capquest a CCA s78 request and an SAR since they were collecting.
In Oct 2009 I received a copy of my application form from Capital One along with the last 6 years statements and the usual statement " we have sent you all the info you requested and we have complied with the requests. I sent them a letter to inform them they had not complied with either request. Half of the application was taken up with advertising and it stated other fantastic offers from Capital One were on the back of the form. The form made no mention of terms and conditions but had a bold statement that the Interest was Fixed at 6.9%. It did not say if it was for 1 week , 1 year, 10 years or indefinite. I did find out later it was only for a few months only and then they hiked the rate and piled on other charges and interest.
This was put in dispute and payments stopped until the provided the lawfully requested documentation.
In September 2010 they sent some "reconstituted" terms and conditions. They have sent me a set which they are the original and they have sent me 3 different sets of what they say are the current terms and conditions. Very interestingly the 3 sets all have different interest rates in operation and these interest rates are claimed to apply
from after the January 1999 statement date.
They still write to me regularly claiming in one letter the agreement is enforceable and in others they state they will continue to pursue the debt. I don't think Capquest would have been involved if that was the case but they seem to have disappeared.


RBS- £6k
Credit Card taken out in 1997 defaulted 2005. They again have sent an application form with no terms and conditions and no reference to any and the last 5 years monthly statements. They just state they have complied with all my requests and the debt is enforceable.
I have put this account in dispute until they provide the outstanding documentation. I have not heard from them since August 2010 and I have sent them reminders that I am still awaiting documentation to fullfil my requests but they do not respond.

I am in limbo at the moment and an looking to close these accounts. I would be willing to offer a small sum to each as a goodwill payment if they would agree. I will be a pensioner soon and do not wish to hand over my pension.
Hope I can find the right advice here.
loring

[loring]

Re: lorings -UE

There is no way I would let a creditor have my phone number, I think that is what upset Capquest. They wrote and demanded a contact telephone number and I wrote back and told them I was happy enough to communicate with them in writing, so they carried out searches on my credit file regularly and said they were trying to trace me. I had the searches removed by Equifax as I was able to show that Capquest wrote to me at least once a month so there was no need to try and trace me.
I will rewrite my log as in the way NID prefers them showing the dates of all correspondence which one can follow at a glance and update(when I can work out how to do that). I was going to write to each of my creditors this weekend asking them for the purposes of clarity and transparency, to confirm if they have or have ever had copies the original signed agreements, default notices, monthly statements, termination notices etc. I was going to confirm to them that there never was any signed agreements and ask them to confirm what documents they used for the reconstituted agreements. I would also tell them their responses would be binding and I expected a specific answer to each of my questions and not the waffle they usually send. I would remind them of the OFT Debt Collection Guidance October 2010 & CPUTR (2008 ).
loring

[loring]

Re: lorings UE Diary

Allied Irish Bank Visa Card (Trading as First Trust Bank)

Account opened in 1981 say First Trust. I think It may have been closer to 1990.
Account defaulted in May 2000. Balance £5800. No DCA involvement at any time.
Nominal payments were paid from 2000 till June 2010
Account put in dispute June 2010
Account is with First Trust Bank, no default showing on credit file, it has either fallen off or there may not have been one.

July 2009 CCA s78 Request made for a copy of the original agreement.
June 2010 Account put in dispute
July 2010 SAR submitted for copies of all data held.
July 2010 SAR response received which stated, “ these are the copies
of the statements you requested".

September 2010 CCA s78 request response received, it was an unsigned reconstituted Visa Application Form, and a copy of generic terms and conditions including the prescribed terms. Both documents identify my address incorrectly.

October 2010 I queried the accuracy of the reconstituted agreement, the application form and the terms and conditions they sent and whether they did actually comply with the judgements, in Carey v HSBC I also point out I have never been supplied with nor have I ever signed an agreement for this account.


October 2010 First Trust replied by sending a copy of the Carey Judgement. I suggested to First Trust they need to read it themselves and to confirm that what they have sent complies with Carey.

October 2010 First Trust state the reconstituted copy of the agreement is the true copy, pursuant to s78 of the CCA 1974.

October 2010 I requested the balance of the documentation for my SAR.
I advised them I did not submit a request for copies statements for 6 years as they stated. I requested if they had destroyed any of my data. I stated I have banked with them since 1964 and am surprised that they appear to hold only a few visa card statements.

November 2010. First Trust confirm they have complied with all their obligations
under the Data Protection Act 1998, the Consumer Credit Act 1974 and they are
in accord with the ruling in the Carey case. They stated “the agreement application became the agreement once it was signed by you”. ??.
They requested me to inform them what data mistakes they had made in the reconstituted agreement they sent me. I felt I had no duty to do so and have not told them. They state their inability to locate the original agreement is addressed by the reconstituted agreement. For the first time they have said they are unable to locate the agreement. I believe they can get away with saying it is so old it has been lost. They request that I should submit a complaint regarding mis-charging within 7 days and if they don’t hear from me they will consider the matter closed and will proceed to exercise the bank’s entitlement under the agreement. ?

31st December 2010. Letter received in response to my "Unenforceable Letter" from the Data Protection Manager
It states
"The requests under s78 of the CCA 1974 and under the Data Protection Act 1998have been addressed in the manner advised to you in previous correspondence.
In relation to your comments with regard to enforcement action, we believe your proposed course of action (ie, counter claim) is the most suitable procedure for addressing your outstanding claims should this matter proceed to enforcement."
I have not bothered to respond.

6th January 2011. Further letter received
" we refer to your letter dated 10th December 2010 and our letter dated 23rd December 2010 ( these are the "Unenforceable letter" again and their response is from the Regulatory Compliance Department and the answer in the post of 23 December above) we wish to advise you that we can put the matter no further. We suggest you contact your legal advisors with regard to this issue"
That is the exact letter, there is no more and I am not sure what to make of it, strange language and wording. I have not responded.

[loring]

Re: lorings UE Diary

Capital One Bank Visa Card

Account opened 1998
Account Defaulted May 2000, Balance £3700 was with Capquest Debt Recovery & HL Legal till August 2010 but seems to have gone back to Capital One Bank.
Nominal payments were made from 2000 till July 2010.
Account put in dispute July 2010.
No default currently showing up on credit file, it dropped off 4 years ago.


July 2009 Sent s78 CCA Request to Capquest for copy of original signed agreement
July 2009 Capital One sent reconstituted “current” generic Terms & Conditions which are dated 04/2004 and state they have complied with the CCA 1974 s78 request.

August 2009 I repeat to them it is a copy of the original signed agreement I have requested.
September 2009 I submit an SAR in which I specifically request the original copy of the agreement.
September 2009 Capital One send another set of the same “current “terms and conditions”.
September 2010 Capital One sent copies of reconstituted Terms & Conditions for the original agreement and for the current agreement as well a copy of the signed application form without any terms or conditions on it and no reference to them either along with monthly statements for the period 2002 till 2009. They state they have now
complied with the CCA 1974 request and the Data Protection Act 1998 Subject Access Request.

.
September 2020 Capital One remind me of all the things I am not entitled to have under an SAR, eg. copy of the default notice, a copy of any termination notice, any details relating how Capquest are involved in the account, copy of the signed agreement.


September 2010 I remind Capital One that I am waiting for outstanding
documents from my SAR of the previous year and I listed some of the
documents I recognize as missing, such as a copy of the original signed agreement,
monthly statements and default notice.
September 2010 Capital One Bank sent more reconstituted “current” and “original”
agreements as well as copies of the same monthly statements they sent in 2009. The main item of note about these agreements is that the interest rates quoted are different from those quoted on the previous reconstructions.
Capital One have explained to me the items they are not required to give me under
a SAR, things like the signed copy of the original agreement, default notices or any letters of assignment as they may contain sensitive commercial information.
Capital One have assured me they have complied with The Data Protection Act
1998,the CCA 1974 and Lord Waksman’s ruling in the Carey v HSBC case.
Capital One assure me the agreement is enforceable and they will treat it as such.

28th May 2011. I have been away for a while and have come home to find a letter from Fredrckson International which states Capital One have instructed them to collect the debt in full to avoid further action. need to know which letter to send.
16th June 2011. Received a letter from Fredricksons saying the account has been placed on hold for 28 days and they are looking forward to hearing from me.
21st October 2011 Responded to a letter from B Carter acting on behalf of Fredricksons, he threatens to advise his client to take legal proceedings against if I do not pay the full balance of the account within 14 days. I basically sent aNiddys template letter with a few added bits.

[loring]

Re: lorings UE Diary

Royal Bank of Scotland (Mint) Visa Card

Account opened 1997
Account defaulted May 2005. Balance £6,400. The account has always remained with Mint.
Low payments made from 2005 till October 2010.
Account was put in dispute November 2010
Default is registered on my credit file and should come off in August 2011.


July 2009 SAR issued to Mint for copies of all data they hold on me.
July 2009 CCa s 78 Request issued to Mint.
July 2009 Mint sent a poor copy of the signed application form and a poor copy of terms & Conditions which they claim are the current. The application form is signed by me, but has no reference to terms & conditions.
September 2009 Mint reply to the SAR by sending the last 6 years monthly statements and stating they have now sent me all the information I requested in my SAR.



January 2010 I have written to mint several times during 2010 in an attempt to get the outstanding information but they do not bother to reply. The account has been recently put in dispute and the last payment was made on 1st November 2010. I will not be surprised if I hear from them soon when they realize there is no payment for November 2010.

31st December 2010 Got a "response" from Mint, it states:-
"Thank you for your correspondence regarding the above account.
We are currently investigating your case, I will be in touch shortly to clarify matters."
I will wait for their clarification

22nd January 2011. Recieved the clarification letter urging me if I did not ring them urgently or they would commence further proceedings for recovery of the outstanding balance which may result in my account being transferred to external debt collection agents without further warning.

6th March 2011. I have received the response from Mint stating the agreement is enforceable, the letter contains a lot of references to "the agreement document signed you signed". I have only ever signed the application form. I am sending you a copy of the letter via e mail.

16th May 2011. Received a letter from Triton telling me Mint had placed the account with Triton for immediate collection.
24thMay 2011. Received a letter from Mint telling me to ignore the letter from Triton, it was sent in error and the account is still with Mint. They also tell me if I do not make the minimum payment within 14days and maintain this payment they will have to issue me a default notice, but I already have one which should drop off in August/September 2011. That would mean I would have 2 defaults on the one account for a period. I have not responded to these letters and i will email them to Niddy to see what he thinks.
6th June 2011. Received a letter from Mint saying they would send me all statements on the account if I sent them £10. So I have sent them the £10.
2nd July 2011. Received a letter from Mint telling me that their letter of the 6th June 2011 was a mistake and as a jesture of goodwill they were returning my £10.
17th July 2011 Sent the ICO a complaint about not receiving my card statements from RBS as suggested by NIddy
12th August 2011. Got a copy of my credit file, it would appear that the default may have been removed of my account around March 2011 for some reason. Also the £10 I sent them for my card statements shows up on the credit report as a payment to the account.
July 2011 Received a new default notice from Mint dated July 21st July 2011.
August 2011 Wrote to MINT and requested they should not be registering this new default on the account as they had previously registered a default on 14th August 2005.
October 2011. Got a copy of my credit report from Experian, Mint have registered the new default against the account in August 2011.I have written to the ICO to complain about the 2nd default.

[Never-In-Doubt]

Re: lorings UE Diary

Allied Irish Bank Visa Card (Trading as First Trust Bank)

This account is clearly unenforceable as they have sent a blatant forgery - you don't need to worry about this too much - respond with the following template: ---> viewtopic.php?p=1503#p1503



* p.s DO NOT edit and blank out the CCA - otherwise I will come back and say they are enforceable - blanking stuff out means I cannot confirm anything.

[Never-In-Doubt]

Re: lorings UE Diary

Capital One Bank Visa Card

Similarly, to the above - as they only sent an application form, you respond with this: ---> viewtopic.php?p=1629#p1629

[Never-In-Doubt]

Re: lorings UE Diary

Royal Bank of Scotland (Mint) Visa Card

Again, this is also unenforceable so respond with the following: ---> viewtopic.php?p=1629#p1629

[loring]

Re: lorings UE Diary

Hi niddy
I have posted the three letters as suggested, sent them 10thDec 2010. I will let you know when I get a response. Thanks
loring

[billypre]

Re: lorings UE Diary

Great results loring, and well done niddy !

[Never-In-Doubt]

Re: lorings UE Diary

[loring]

Re: lorings UE Diary

Hi Niddy
Just when I was settling down for a quiet Christmas I get 2 letters.
The first from Mint (sent to the wrong address) asking me to send them £10 for my SAR which they think I sent on 27th November 2010. Actually what I did send was a letter asking if they could confirm that they held the original of my CCA and to make arrangements for me to come and inspect it. I knew they had not got it but I wanted to know how they would reply. The Sar was sent 3rd August 2009 and until recently all I received from them were the monthly statements from the date the account was defaulted none for when the account was active.
Should I write and tell them I consider they are either total idiots or totally incompetent and not to bother wasting my time.

The second was from Capital One rambling on about McGuffick, Carey, how they have complied with every request I ever made to them, the account was not in dispute and this was the final response in the matter. I don't know what matter they are on about they never say which letter they are answering, I have a few outstanding with them they just don't want to answer. They have also confirmed again that the agreement is enforceable.
Should I write and tell Capital One I am happy they will not be writing to me again and I hope they stick to that decision.

These letters refer to my correspondence before I joined this site so I don't think they are relevant to my UE Dairy, I don't to update that it may confuse what will be happening there, not that I have worked out how to update and how to change the text colour, I can't even make it Bold , I just get letters and brackets all over the place.

Do you think I should bother replying at all or should I just sit back and have a wee Bells. It's Christmas so do not rush to respond.
Happy Christmas and New Year to everyone on the forum
loring

[Never-In-Doubt]

Re: lorings UE Diary

Do you think I should bother replying at all or should I just sit back and have a wee Bells. It's Christmas so do not rush to respond.
Happy Christmas and New Year to everyone on the forum
loring

Hiya
Just ignore both the above - nothing really much to do !

[loring]

Re: lorings UE Diary

Hi Niddy
I have updated my RBS Diary with one post dated 31st December2010
I have updated my Allied Irish Bank ( First Trust Bank) Diary with 2 notes for 31st December 2010 and 19th January 2010.
I only know how to update my Diaries by using the edit option and then sending you a post like this, I am sure there must be a clever way to do it which would be simpler. I have also attempted to use a different colour font but all I get is some additional text and square brackets telling me the colour option I had chosen.
Maybe sometime you could post an idiots guide on how to use some features of the forum such as those I have mentioned.
Thanks
loring

[Never-In-Doubt]

Re: lorings UE Diary

Hi Niddy
I have updated my RBS Diary with one post dated 31st December2010
I have updated my Allied Irish Bank ( First Trust Bank) Diary with 2 notes for 31st December 2010 and 19th January 2010.
I only know how to update my Diaries by using the edit option and then sending you a post like this, I am sure there must be a clever way to do it which would be simpler. I have also attempted to use a different colour font but all I get is some additional text and square brackets telling me the colour option I had chosen.
Maybe sometime you could post an idiots guide on how to use some features of the forum such as those I have mentioned.
Thanks
loring

When you change font colours on this forum it is easier as it shows you the colour change and not the codes like the old site, as for doing updates you need to quote your own post and delete the info leaving only that relevant to the post you're updating - see below and you'll see what i'm doing!