Rhinoman UE Diary

[rhinoman]

Re: Rhinoman Unenforceable Diaries

Capital One Bank (6)
1. Type of account: Credit Card
2. Date commenced: 07/2003
3. Approx balance: £1,689.00
4. Date last paid: August 2009
5. Are you on arrangement or not paying: I was paying through a debt management company but not paying anything at the moment
6. Status : Defaulted
7. Account owner: Capital One Bank, I think that this has been passed around a few DCA
History
Up to 2010 have been playing letter tennis with various DAC's but got no where.
20th of October 2010 sent capital one SAR request.
5th of November 2010 Capital One fulfilled my CCA request. But said they could not have provide a copy of my consumer credit agreement as I had failed to send them a one pound statutory fee though in the bundle of paperwork there is a consumer credit agreement that on the surface appears to be correct and enforceable and I'm no expert.

They have sent an application with no reference to the prescribed terms so no matter, it remains unenforceable. That said, you need to avoid any PPi reclaim as well - cos it doesn't matter what the balance is, being you aint gonna pay are you? It's unenforceable!

Respond with the following: ---> viewtopic.php?p=1503#p1503

6th of December 2010 Sent Capital One Bank the following: ---> viewtopic.php?p=1503#p1503 CCA Query - Missing Prescribed Terms

7th of January 2011 Recived Letter from Capital One in response to the letter sent to them on 6 December. Contains a consumer credit agreement which they maintain is enforceable have e-mailed it to Niddy for him to pass his expert eye over it

[Never-In-Doubt]

Re: Rhinoman Unenforceable Diaries

6th of January 2011 Sent the Cabot :beaker :bert :zoot :fozzie :kermit epe iggy dy cooter :teeth the following:---> viewtopic.php?p=1623#p1623 CCA Query - Terms & Conditions Supplied, As per Niddy's gh instructions Same letter sent that I sent a month ago.

I have sent this letter just by first class post, Not recorded, Signed for and no proof of postage, Does anyone have any opinion on what sort of postage one should use my view is unless it's something really important standard post should do, Any comments or views please.

Always send by Recorded delivery - this should also confirm it on each template, how to send it? The legal ones go special delivery - the rest go recorded.

You MUST do that or in court, you lose - where is your proof that you sent that letter? I mean, you have to prove to the judge that you sent it - who will he believe? A large firm with thousands of staff (lying through their back teeth) or a litigant in person in debt?

Trust me, send everything recorded delivery!

[Never-In-Doubt]

Re: Rhinoman UE Diary

I was feeling quite happy and buoyant yesterday but today have come down to earth with a bit of the bump, I have had two letters today one from capital one in response to the letter that I sent them at the beginning of December last year, and the second one has been forwarded by the solicitor which is from Cabot , which appears to be in reply to the two letters that were sent to them at the beginning of December, the one from me and the one from the solicitor.
I will scan them and be the PM to Niddy for advice

I'll check these tonight - bear with me yea?

Don't stress, it'll be fine gh

[rhinoman]

Re: Rhinoman UE Diary

I was feeling quite happy and buoyant yesterday but today have come down to earth with a bit of the bump, I have had two letters today one from capital one in response to the letter that I sent them at the beginning of December last year, and the second one has been forwarded by the solicitor which is from Cabot , which appears to be in reply to the two letters that were sent to them at the beginning of December, the one from me and the one from the solicitor.
I will scan them and be the PM to Niddy for advice

I'll check these tonight - bear with me yea?

Don't stress, it'll be fine gh

Thanks I will look back later

[rhinoman]

Re: Rhinoman UE Diary

Hi Everybody
I've had a bit of a torturous weekend worried about all this, not slept particularly well just kept looking at the letters and wondering what I do next, there's one paragraph in the letter from Capital one which particular bugs me.
"I enclose a reconstituted your original agreement. Although not required under S 78, I have included as part of the reconstituted agreement a scanned copy of the signed signature page of your original agreement. The reconstituted agreement sets out the terms of your agreement and your name and address when you entered into the agreement with capital one on 31 July 2003. I also enclose a copy of your current agreement and statement of account required under S 78, which is set out at the end"
The the paragraph is just a contradiction of itself, surely if they had an enforceable CCA and they went to the trouble of copying the signature page. Why didn't make send a copy of the whole agreement instead of reconstituting it, or am I reading too much into this and just get myself wound up over nothing, Sir Niddy has previously said that the signature page is an application form.

Evenlessdopey Wrote on the 10th of January 2010 Rhinoman, Ive got two of those, you are absolutely right why both to reconstitute it if they have the original sitting there, and the answer would be they DON'T have the original sitting there and they made up the reconstituted one with guesswork and a wing and a prayer. Look at the T&Cs, how much is a late payment charge on the supposed original one? How much is the charge on your current T&Cs? are they the same? the late payemtn charging limits were all changed a couple of years ago, if your alleged agreement is pre-2007 the LPC would probably have been £25-35 not £12 which is the current limit for all of them! Don't worry Niddy will be along.

[rhinoman]

Re: Rhinoman UE Diary

Hi Niddy
Well done Sir Nid the new site looks great. You've been working so hard to help us all !
Regards
Rhinoman

[rhinoman]

Re: Rhinoman Unenforceable Diaries


B&Q GE Money (8)
1. Type of account: B&Q Project Plan Account.
2. Date commenced: 04/2005
3. Approx balance: £3,520.00
4. Date last paid: August 2009
5. Are you on arrangement or not paying: I was paying through a debt management company but not paying anything at the moment
6. Status : Defaulted
7. Account owner: CL Finance

History
10th of August 2010 CL Finance Ltd a CCA
29th of September 2010 received my copy from CL finance of the consumer credit agreement looks good to me but what do I know.
18th of October sent a letter to CL finance asking for statement and a copy of the deed of assignment which and had not been included with the consumer credit agreement.
28th of October 2010 letter received back from CL finance with a copy of the letter they say was sent in December 2006 which was a notice of assignment and a statement the notice of assignment is from themselves not the original lender.
12th of November 2010 letter received from CL finance asking to payment and if I didn't make payment they wouldn't defaulted account Registry on the credit reference agencies.
14th of November 2010 sent letter and e-mail offering full and final payment on account. And pointing out that they had already defaulted the account
14th of November 2010 e-mail received declining my offer a full and final, but saying they would accept the full amount less about 10% discount or words to that effect
15th of November 2010 e-mail them again asked them to reconsider.
17th of November 2010 e-mail from CL finance referring me to their previous e-mail and declining my offer
19th of November 2010 sent letter to CL finance list of current debts balances offers made, another full and final offer or a payment of one pound per month per account token payment
20th of November 2010 Notice of this default sums and default notice But had already defaulted this account on 5 th June 2007 (thought you could only get one default per account)

Note Added have the letter from 2007 but looking at my credit file not sure that they have actually added the default to the file,

Question as they sent me a default notices in 2007 but did not register until say now when they have issued me a new default notice should the default notices run from 2007, Or from now if it's now it means that it will be another six years before it drops off the file could I argue with the credit reference agencies that the default should only run from 2007?

This is enforceable, once you respond regards to the offers in my previous posts, i'll update this.

13th of December 2010. Statement received from CL Finance Ltd but still no reply to my full and final offer or £1 a month token payment offer sent on 19 November

Update
15th of January 2010 received statement and letter from CL Finance Ltd stating that I have failed to make the agreed payments towards concessionary arrangement on this account to allow the arrangement to continue you must make an immediate payment of £1.00 within the next 10 days I guess from this letter that they have not accepted my full and final offer and are accepting my token payments of £1.00 the month. It would have been so nice if they had responded to my letter letting me know what was happening. But I guess that would be asking too much. I will now set up a standing order and let it run for a while and then make another offer of full and final settlement.

[rhinoman]

Re: Rhinoman UE Diary

B&Q GE Money (9)
1. Type of account: Store Card
2. Date commenced: 04/2005
3. Approx balance: £796.00
4. Date last paid: August 2009
5. Are you on arrangement or not paying: I was paying through a debt management company but not paying anything at the moment
6. Status : Defaulted
7. Account owner: CL Finance
History
10th of August 2010 CL Finance Ltd a CCA
29th of September 2010 received my copy from CL finance of the consumer credit agreement looks good to me but what do I know.
18th of October sent a letter to CL finance asking for statement and a copy of the deed of assignment which and had not been included with the consumer credit agreement.
28th of October 2010 letter received back from CL finance with a copy of the letter they say was sent in December 2006 which was a notice of assignment and a statement the notice of assignment is from themselves not the original lender.
12th of November 2010 letter received from CL finance asking to payment and if I didn't make payment they wouldn't defaulted account Registry on the credit reference agencies.
14th of November 2010 sent letter and e-mail offering full and final payment on account. And pointing out that they had already defaulted the account
14th of November 2010 e-mail received declining my offer a full and final, but saying they would accept the full amount less about 10% discount or words to that effect
15th of November 2010 e-mail them again asked them to reconsider.
17th of November 2010 e-mail from CL finance referring me to their previous e-mail and declining my offer
19th of November 2010 sent letter to CL finance list of current debts balances offers made, another full and final offer or a payment of one pound per month per account token payment
20th of November 2010 Notice of this default sums and default notice But had already defaulted this account on 5 th June 2007 (thought you could only get one default per account)
This is enforceable, once you respond regards to the offers in my previous posts, i'll update this.


8th of December 2010. Statement received from CL Finance Ltd but still no reply to my full and final offer or £1 a month token payment offer sent on 19 November
Update
14th of January 2010 received statement and letter from CL Finance Ltd stating that I have failed to make the agreed payments towards concessionary arrangement on this account to allow the arrangement to continue you must make an immediate payment of £1.00 within the next 10 days I guess from this letter that they have not accepted my full and final offer and are accepting my token payments of £1.00 the month. It would have been so nice if they had responded to my letter letting me know what was happening. But I guess that would be asking too much. I will now set up a standing order and let it run for a while and then make another offer of full and final settlement.

[rhinoman]

Re: Rhinoman UE Diary

Capital One Bank (6)
1. Type of account: Credit Card
2. Date commenced: 07/2003
3. Approx balance: £1,689.00
4. Date last paid: August 2009
5. Are you on arrangement or not paying: I was paying through a debt management company but not paying anything at the moment
6. Status : Defaulted
7. Account owner: Capital One Bank, I think that this has been passed around a few DCA
History
Up to 2010 have been playing letter tennis with various DAC's but got no where.
20th of October 2010 sent capital one SAR request.
5th of November 2010 Capital One fulfilled my CCA request. But said they could not have provide a copy of my consumer credit agreement as I had failed to send them a one pound statutory fee though in the bundle of paperwork there is a consumer credit agreement that on the surface appears to be correct and enforceable and I'm no expert.
Niddy wrote.
They have sent an application with no reference to the prescribed terms so no matter,
it remains unenforceable. That said, you need to avoid any PPi reclaim as well - cos it doesn't matter what the balance is, being you aint gonna pay are you? It's unenforceable!

Respond with the following: ---> viewtopic.php?p=1503#p1503

6th of December 2010 Sent Capital One Bank the following: ---> viewtopic.php?p=1503#p1503 CCA Query - Missing Prescribed Terms

7th of January 2011 Recived Letter from Capital One in response to the letter sent to them on 6 December. Contains a consumer credit agreement which they maintain is enforceable have e-mailed it to Niddy for him to pass his expert eye over it

Niddy I know that you have bee very busy over the last week but did you received the letter from Captail One I sent you via PM to you last week or would you like me to send it to you again.
Many thanks
Regards
Rhinoman

[Never-In-Doubt]

Re: Rhinoman UE Diary

Hi Everybody
I've had a bit of a torturous weekend worried about all this, not slept particularly well just kept looking at the letters and wondering what I do next, there's one paragraph in the letter from Capital one which particular bugs me.
"I enclose a reconstituted your original agreement. Although not required under S 78, I have included as part of the reconstituted agreement a scanned copy of the signed signature page of your original agreement. The reconstituted agreement sets out the terms of your agreement and your name and address when you entered into the agreement with capital one on 31 July 2003. I also enclose a copy of your current agreement and statement of account required under S 78, which is set out at the end"
The the paragraph is just a contradiction of itself, surely if they had an enforceable CCA and they went to the trouble of copying the signature page. Why didn't make send a copy of the whole agreement instead of reconstituting it, or am I reading too much into this and just get myself wound up over nothing, Sir Niddy has previously said that the signature page is an application form..

Hiya

The forms sent by Crappy1 mean little, its a silly £2k debt - seriously what on earth are you worried about? Also, you have to remember if I don't reply its cos I don't think it's that important! If I think it needs action I would always respond, trust me there!

Ignore Crappy1 for now - they have only sent terms, there is no agreement - period! Yea, they sent the same old signature thing but that's the recon, plus the late payment shows £12 and when you took the card Crappy1's was £30 so it's clear they do not have the original.

No action necessary right now.

[Never-In-Doubt]

Re: Rhinoman Unenforceable Diaries

B&Q GE Money (8)
1. Type of account: B&Q Project Plan Account.
2. Date commenced: 04/2005
3. Approx balance: £3,520.00
4. Date last paid: August 2009
5. Are you on arrangement or not paying: I was paying through a debt management company but not paying anything at the moment
6. Status : Defaulted
7. Account owner: CL Finance

History
Note Added have the letter from 2007 but looking at my credit file not sure that they have actually added the default to the file,

Question as they sent me a default notices in 2007 but did not register until say now when they have issued me a new default notice should the default notices run from 2007, Or from now if it's now it means that it will be another six years before it drops off the file could I argue with the credit reference agencies that the default should only run from 2007?

Hiya, can you definitely confirm that they defaulted you in 2007 - can you email me the DN and also the one they claim to be doing now - you get 1 default per debt, they default you again and we'll get the whole debt wiped - fuck wits!

I'll wait to hear from you before replying to the other parts - in the meantime, DO NOT agree to or set up this £1 payment plan - leave it til you email me the default notice letter etc from 2007 and the one recently....

Niddy

[Never-In-Doubt]

Re: Rhinoman Unenforceable Diaries

B&Q GE Money (8)
Update
15th of January 2010 received statement and letter from CL Finance Ltd stating that I have failed to make the agreed payments towards concessionary arrangement on this account to allow the arrangement to continue you must make an immediate payment of £1.00 within the next 10 days I guess from this letter that they have not accepted my full and final offer and are accepting my token payments of £1.00 the month. It would have been so nice if they had responded to my letter letting me know what was happening. But I guess that would be asking too much. I will now set up a standing order and let it run for a while and then make another offer of full and final settlement.

See my last post #80 - don't do anything just yet!

[Never-In-Doubt]

Re: Rhinoman UE Diary

B&Q GE Money (9)
1. Type of account: Store Card
2. Date commenced: 04/2005
3. Approx balance: £796.00
4. Date last paid: August 2009
5. Are you on arrangement or not paying: I was paying through a debt management company but not paying anything at the moment
6. Status : Defaulted
7. Account owner: CL Finance
History
Update
14th of January 2010 received statement and letter from CL Finance Ltd stating that I have failed to make the agreed payments towards concessionary arrangement on this account to allow the arrangement to continue you must make an immediate payment of £1.00 within the next 10 days I guess from this letter that they have not accepted my full and final offer and are accepting my token payments of £1.00 the month. It would have been so nice if they had responded to my letter letting me know what was happening. But I guess that would be asking too much. I will now set up a standing order and let it run for a while and then make another offer of full and final settlement.

I agree, set up a £1 per month SO and see what happens in time.... they'll get bored and will be more prone to offers in time....

[Never-In-Doubt]

Re: Rhinoman UE Diary

Capital One Bank (6)
1. Type of account: Credit Card
2. Date commenced: 07/2003
3. Approx balance: £1,689.00
4. Date last paid: August 2009
5. Are you on arrangement or not paying: I was paying through a debt management company but not paying anything at the moment
6. Status : Defaulted
7. Account owner: Capital One Bank, I think that this has been passed around a few DCA
History
7th of January 2011 Recived Letter from Capital One in response to the letter sent to them on 6 December. Contains a consumer credit agreement which they maintain is enforceable have e-mailed it to Niddy for him to pass his expert eye over it

Its still unenforceable, see my first post reply to you here: #79

[rhinoman]

Re: Rhinoman UE Diary

http://forums.all-about-debt.co.uk/s...8&postcount=79

Hiya


The forms sent by Crappy1 mean little, its a silly £2k debt - seriously what on earth are you worried about? Also, you have to remember if I don't reply its cos I don't think it's that important! If I think it needs action I would always respond, trust me there!

Ignore Crappy1 for now - they have only sent terms, there is no agreement - period! Yea, they sent the same old signature thing but that's the recon, plus the late payment shows £12 and when you took the card Crappy1's was £30 so it's clear they do not have the original.


No action necessary right now.

Hi Niddy
It's hard not to worry, even when it's just a debt of 2K and I do know that if it had been urgent you would have responded soon I guess I was just looking for some reassurance and someone to hold my hand.
I have read what you said and have tried to digests it but they sent two sets of terms and conditions, original conditions,and come and conditions, the originals do say charges of £25 for late payment of assignment as appears on old statements.

I guess what you telling me is not to worry and wait and see what they write next with.
Thank You
P.S. I don't Seem to be to able get this quoting bit right I have looked at your instructions in the user guide that must be missing something.