xenaphon1970's UE diary ( moved )

[xenaphon1970]

After my marriage breakdown in 2009 I was left with 17 creditors and an unsecured debt of 43k. The first few months were as most of you know dreadful, not wanting to open the post. But, as a one time financial employee I decided to brush up on my rights in respect to debt collection and the CCA 1974. Now I was in a lucky position that most of my debts were pre 2007 so with the help of looking at this site and NIDDY's great advice I embarked on my journey.

I decided to pay what I could afford but any OC that sold the debt on or started playing hard ball, then it was gloves off. I was very lucky, most of my pre-2007 customers could only write back and say, due to the age of the account we cannot provide you with your agreement, making this account unenforceable, but you are still liable for the debt. Blah blah blah. So with a good run it was a great surprise when Debenhams produced a rock solid agreement which Niddy said was enforceable, luckily it was only for a small amount.

I won't bore you all with the ones that are not enforceable, but have decided to cancel my £1.00 token payments on a Capital One card and a mint card. The following cards are detailed below. Today I had the strangest letter ever from Crap One. Basically they have enclosed a set of terms, no agreement I have e-mailed Niddy what they have sent, basically a set of T&C's with me name typed in the top.

Please find enclosed a copy of your original agreement. This sets out the terms applicable at the time you took out your credit card with Capital One. We assume from your request that it is the original agreement that you wish to review and therefore we have not at this stage provided you with a copy of your agreement as at the date your account defaulted. However, should you require a copy of the terms of your agreement as they were at the date your account defaulted please let us know. Statement of account. Blah blah, it does not make any sense to me.

Capital One.

Start Date 2004

Balance £481.00

Defaulted 2010

Paying £1.00 token payments to Moorcroft. Stopped paying January 2013.

29/8/2013 CCA Request sent to Fred's who were demanding money

03/9/13 Letter from Uncle Bryan saying he was going to take me to court.

04/9/13 Letter to Uncle Bryan telling him account in dispute.

10/9/13 Letter from Freds account on hold, CCA request sent to Cap One

23/9/13 Letter from Capital One requiring signature.

23/9/13 Letter to Capital One saying no signature required, you have been corresponding with me.

11/10/13 Letter from Freds demanding money

15/10/13 Letter to Freds telling them account in dispute no CCA received

17/10/13 Letter from Freds telling me Capital One want signature they will hold till 31/10/13.

17/10/13 Letter from Capital One with some terms knocked up, no agreement.

17/10/13 Emailed Niddy

[xenaphon1970]

xenaphon1970's UE diary ( moved )

After my marriage breakdown in 2009 I was left with 17 creditors and an unsecured debt of 43k. The first few months were as most of you know dreadful, not wanting to open the post. But, as a one time financial employee I decided to brush up on my rights in respect to debt collection and the CCA 1974. Now I was in a lucky position that most of my debts were pre 2007 so with the help of looking at this site and NIDDY's great advice I embarked on my journey.

I decided to pay what I could afford but any OC that sold the debt on or started playing hard ball, then it was gloves off. I was very lucky, most of my pre-2007 customers could only write back and say, due to the age of the account we cannot provide you with your agreement, making this account unenforceable, but you are still liable for the debt. Blah blah blah. So with a good run it was a great surprise when Debenhams produced a rock solid agreement which Niddy said was enforceable, luckily it was only for a small amount.

I won't bore you all with the ones that are not enforceable, but have decided to cancel my £1.00 token payments on a Capital One card and a mint card. The following cards are detailed below. Today I had the strangest letter ever from Crap One. Basically they have enclosed a set of terms, no agreement I have e-mailed Niddy what they have sent, basically a set of T&C's with me name typed in the top.


Please find enclosed a copy of your original agreement. This sets out the terms applicable at the time you took out your credit card with Capital One. We assume from your request that it is the original agreement that you wish to review and therefore we have not at this stage provided you with a copy of your agreement as at the date your account defaulted. However, should you require a copy of the terms of your agreement as they were at the date your account defaulted please let us know. Statement of account. Blah blah, it does not make any sense to me.


Capital One.

Start Date 2004

Balance £481.00

Defaulted 2010

Paying £1.00 token payments to Moorcroft. Stopped paying January 2013.

29/8/2013 CCA Request sent to Fred's who were demanding money

03/9/13 Letter from Uncle Bryan saying he was going to take me to court.

04/9/13 Letter to Uncle Bryan telling him account in dispute.

10/9/13 Letter from Freds account on hold, CCA request sent to Cap One

23/9/13 Letter from Capital One requiring signature.

23/9/13 Letter to Capital One saying no signature required, you have been corresponding with me.

11/10/13 Letter from Freds demanding money

15/10/13 Letter to Freds telling them account in dispute no CCA received

17/10/13 Letter from Freds telling me Capital One want signature they will hold till 31/10/13.

17/10/13 Letter from Capital One with some terms knocked up, no agreement.

17/10/13 Emailed Niddy




Mint Card

Taken out approx 2003

Balance £2,559

Defaulted 2010

Last payment £1.00 Jan 2013

17/8/2013 Letter received from Wetcloths demanding payment. ( sent to my employer )

22/8/13 Complaint sent to Wetcloths also CCA request.

9/9/13 Letter from Wetcloths asking me to send CCA request to Mint.

10/9/13 Letter to Wetcloths telling them you want the money you prove your entitled please send on to Mint.

23/9/13 Wetcloths sent back CCA request again.

23/9/13 Again returned to Wetcloths with strong letter to them.

02/10/13 Letter upholding complaint but no compensation as requested.

02/10/13 Letter to Wetcloths asking for compensation for distress caused in employers receiving letters about my debts. You have 14 days to comply otherwise I will take to FOS for adjudication.

15/10/13 Final letter to Wetcloths giving them 7 days to pay £75.00 compensation. ( standard FOS payment )

[xenaphon1970]

Re: Looking at the stars UE diary ( moved )

Capital One.

Start Date 2004

Balance £481.00

Defaulted 2010

Paying £1.00 token payments to Moorcroft. Stopped paying January 2013.

29/8/2013 CCA Request sent to Fred's who were demanding money

03/9/13 Letter from Uncle Bryan saying he was going to take me to court.

04/9/13 Letter to Uncle Bryan telling him account in dispute.

10/9/13 Letter from Freds account on hold, CCA request sent to Cap One

23/9/13 Letter from Capital One requiring signature.

23/9/13 Letter to Capital One saying no signature required, you have been corresponding with me.

11/10/13 Letter from Freds demanding money

15/10/13 Letter to Freds telling them account in dispute no CCA received

17/10/13 Letter from Freds telling me Capital One want signature they will hold till 31/10/13.

17/10/13 Letter from Capital One with some terms knocked up, no agreement.

17/10/13 Emailed Niddy

17/10/13 Niddy says Very quick response from Niddy, ( thanks Niddy as I thought ) blanket terms no signed agreement. Must donate the token payments I am now saving on these two at the end of the month. Rather go to this great site than those low-life. That's the savings from January 2013 at £2.00 per month. Will be paid on pay day !!!!

[xenaphon1970]

Re: Looking at the stars UE diary ( moved )

Capital One.

Start Date 2004

Balance £481.00

Defaulted 2010

Paying £1.00 token payments to Moorcroft. Stopped paying January 2013.

29/8/2013 CCA Request sent to Fred's who were demanding money

03/9/13 Letter from Uncle Bryan saying he was going to take me to court.

04/9/13 Letter to Uncle Bryan telling him account in dispute.

10/9/13 Letter from Freds account on hold, CCA request sent to Cap One

23/9/13 Letter from Capital One requiring signature.

23/9/13 Letter to Capital One saying no signature required, you have been corresponding with me.

11/10/13 Letter from Freds demanding money

15/10/13 Letter to Freds telling them account in dispute no CCA received

17/10/13 Letter from Freds telling me Capital One want signature they will hold till 31/10/13.

17/10/13 Letter from Capital One with some terms knocked up, no agreement.

17/10/13 Emailed Niddy

17/10/13 Niddy says Very quick response from Niddy, ( thanks Niddy as I thought ) blanket terms no signed agreement. Must donate the token payments I am now saving on these two at the end of the month. Rather go to this great site than those low-life. That's the savings from January 2013 at £2.00 per month. Will be paid on pay day !!!!

14/11/2013 A four page reply received from Capital One with a load of waffle. I am sending to Niddy for his perusal and to see which letter is appropriate. Total smoke and mirrors. E-mailed to Niddy

[xenaphon1970]

Re: Looking at the stars UE diary ( moved )

Capital One.

Start Date 2004

Balance £481.00

Defaulted 2010

Paying £1.00 token payments to Moorcroft. Stopped paying January 2013.

29/8/2013 CCA Request sent to Fred's who were demanding money

03/9/13 Letter from Uncle Bryan saying he was going to take me to court.

04/9/13 Letter to Uncle Bryan telling him account in dispute.

10/9/13 Letter from Freds account on hold, CCA request sent to Cap One

23/9/13 Letter from Capital One requiring signature.

23/9/13 Letter to Capital One saying no signature required, you have been corresponding with me.

11/10/13 Letter from Freds demanding money

15/10/13 Letter to Freds telling them account in dispute no CCA received

17/10/13 Letter from Freds telling me Capital One want signature they will hold till 31/10/13.

17/10/13 Letter from Capital One with some terms knocked up, no agreement.

17/10/13 Emailed Niddy

17/10/13 Niddy says Very quick response from Niddy, ( thanks Niddy as I thought ) blanket terms no signed agreement. Must donate the token payments I am now saving on these two at the end of the month. Rather go to this great site than those low-life. That's the savings from January 2013 at £2.00 per month. Will be paid on pay day !!!!

14/11/2013 A four page reply received from Capital One with a load of waffle. I am sending to Niddy for his perusal and to see which letter is appropriate. Total smoke and mirrors. E-mailed to Niddy

24/12/2013 A letter from Fredricksons saying that they don't need a signed copy of the agreement and that the terms and conditions sent is lawful enough. Have E-MAILED Niddy for his advice. I have a good idea what he will say

[xenaphon1970]

Re: Looking at the stars UE diary ( moved )

Capital One.

Start Date 2004

Balance £481.00

Defaulted 2010

Paying £1.00 token payments to Moorcroft. Stopped paying January 2013.

29/8/2013 CCA Request sent to Fred's who were demanding money

03/9/13 Letter from Uncle Bryan saying he was going to take me to court.

04/9/13 Letter to Uncle Bryan telling him account in dispute.

10/9/13 Letter from Freds account on hold, CCA request sent to Cap One

23/9/13 Letter from Capital One requiring signature.

23/9/13 Letter to Capital One saying no signature required, you have been corresponding with me.

11/10/13 Letter from Freds demanding money

15/10/13 Letter to Freds telling them account in dispute no CCA received

17/10/13 Letter from Freds telling me Capital One want signature they will hold till 31/10/13.

17/10/13 Letter from Capital One with some terms knocked up, no agreement.

17/10/13 Emailed Niddy

17/10/13 Niddy says Very quick response from Niddy, ( thanks Niddy as I thought ) blanket terms no signed agreement. Must donate the token payments I am now saving on these two at the end of the month. Rather go to this great site than those low-life. That's the savings from January 2013 at £2.00 per month. Will be paid on pay day !!!!

14/11/2013 A four page reply received from Capital One with a load of waffle. I am sending to Niddy for his perusal and to see which letter is appropriate. Total smoke and mirrors. E-mailed to Niddy

24/12/2013 A letter from Fredricksons saying that they don't need a signed copy of the agreement and that the terms and conditions sent is lawful enough. Have E-MAILED Niddy for his advice. I have a good idea what he will say

24/12/2013 Niddy's reply IGNORE FOR NOW. Thanks Niddy

7/1/2014 Letter from Freds account on hold, till they hear from client.

7/1/13 Letter from Capital One saying that they do not keep the original CCA !!!!!!!!!! they just scan your signature and stick it on the terms and that they sent the signature page with the terms and conditions, ( load of rubbish nothing there with my signature ) they go on to quote the usual Carey case but forget to add they need the original to reconstruct. Have sent to NIDDY for his advice. E-MAILED NIDDY.

[xenaphon1970]

xenaphon1970's UE diary ( moved )

Capital One.

Start Date 2004

Balance £481.00

Defaulted 2010

Paying £1.00 token payments to Moorcroft. Stopped paying January 2013.

29/8/2013 CCA Request sent to Fred's who were demanding money

03/9/13 Letter from Uncle Bryan saying he was going to take me to court.

04/9/13 Letter to Uncle Bryan telling him account in dispute.

10/9/13 Letter from Freds account on hold, CCA request sent to Cap One

23/9/13 Letter from Capital One requiring signature.

23/9/13 Letter to Capital One saying no signature required, you have been corresponding with me.

11/10/13 Letter from Freds demanding money

15/10/13 Letter to Freds telling them account in dispute no CCA received

17/10/13 Letter from Freds telling me Capital One want signature they will hold till 31/10/13.

17/10/13 Letter from Capital One with some terms knocked up, no agreement.

17/10/13 Emailed Niddy

17/10/13 Niddy says Very quick response from Niddy, ( thanks Niddy as I thought ) blanket terms no signed agreement. Must donate the token payments I am now saving on these two at the end of the month. Rather go to this great site than those low-life. That's the savings from January 2013 at £2.00 per month. Will be paid on pay day !!!!

14/11/2013 A four page reply received from Capital One with a load of waffle. I am sending to Niddy for his perusal and to see which letter is appropriate. Total smoke and mirrors. E-mailed to Niddy

24/12/2013 A letter from Fredricksons saying that they don't need a signed copy of the agreement and that the terms and conditions sent is lawful enough. Have E-MAILED Niddy for his advice. I have a good idea what he will say

24/12/2013 Niddy's reply IGNORE FOR NOW. Thanks Niddy

7/1/2014 Letter from Freds account on hold, till they hear from client.

7/1/14 Letter from Capital One saying that they do not keep the original CCA !!!!!!!!!! they just scan your signature and stick it on the terms and that they sent the signature page with the terms and conditions, ( load of rubbish nothing there with my signature ) they go on to quote the usual Carey case but forget to add they need the original to reconstruct. Have sent to NIDDY for his advice. E-MAILED NIDDY.

9/1/14 Niddy say's ignore mate and keep letter safe have done that niddy.

9/2/14 Letter from Capital One saying they have taken back account from Freds and I should continue to pay them, ughhhhhh don't think so. Well either Freds did not rate there chances of getting the money without a CCA or Cap One need it more.

[xenaphon1970]

Re: xenaphon1970's UE diary ( moved )

Ok, a update on the saga with Capital One, Niddy said ignore them which I did, I made one last request for them to send the CCA and not a generic set of terms and conditions. Nothing forthcoming. A letter from Capital One saying they had taken back the debt from Fred's and I should now pay them, ( Fine chance ) still in dispute. On the 2nd April I receive a Notice of Assignment from Lowells saying they had bought the debt, Lowells had my answer straight away ( You have purchased a Lemon my friend ) this account is firmly in dispute and until such time as a valid copy ot a CCA is forthcoming, don't bother me. One thing I will say about Lowells is that they have an e-mail address, ( never delt with this bunch before ) they send a reply saying they are going to get the CCA from Cap One, a little jokey e-mail back saying, GOOD LUCK ON THAT ONE, Freds and Brian Carter could not get it best of luck to you. Behold a surprise a nice letter back saying it may take some time, Yes we will never telephone you and yes we know that without a valid CCA were Freckled !!!!!!! but we can still ask you to pay, ¬!¬¬¬¬¬¬ and this could effect your credit rating ( haaaaaaaaaaaaaaaa ) its frecked anyway £80,000k of debt do you think £450 is going to worry me in the grand scheme of things. So were now 17 day's since there letter, I am assuming they requested the CCA from Cap One maybe two day's before.

Well that's the state of play on this one at the moment, touch wood all is quiet on the Western Front on others. Tesco are getting on me nerves though, I am paying them £7.00 per month on a £900 cc, every six months the same malarkey REVIEW REVIEW, I write back and tell them I do my own review if you notice this has increased from £1.00 in 2008 to £7.00 now, I may just hit these with a CCA if they keep it up, though my policy is if the original creditor keeps the debt I pay back what I can afford, as you will know not many do. I have a Marks and Spencer card bill, they know that they have not got a chance as it was a store card turned credit card, but they have kept it, so I pay them a little.

[DoTheyMeanMe]

Re: xenaphon1970's UE diary ( moved )

Tesco are getting on me nerves though, I am paying them £7.00 per month on a £900 cc, every six months the same malarkey REVIEW REVIEW, I write back and tell them I do my own review if you notice this has increased from £1.00 in 2008 to £7.00 now, I may just hit these with a CCA if they keep it up

My OH had the same scenario for 5+ years. It is because you are paying them. She did a CCA request and then stopped making payments 15 months ago. She received a further four letters from them, the last one back in July 2013.

[xenaphon1970]

Re: xenaphon1970's UE diary ( moved )

They don't bother me with there stupid threats, I tell them straight only a District Judge can order my financial information and if they wish to proceed to court be my guest as I would then hit them with a CCA request soon stops them in there tracks, even reduced it at Christmas and they wrote and said I broke the agreement, what agreement say's I, I told you how this works, I pay you what I can afford every month you don't like it see you in court where you will end up with less. There not that daft, they back down every time.

[xenaphon1970]

Re: xenaphon1970's UE diary ( moved )

Capital One.

Start Date 2004

Balance £481.00

Defaulted 2010

Paying £1.00 token payments to Moorcroft. Stopped paying January 2013.

29/8/2013 CCA Request sent to Fred's who were demanding money

03/9/13 Letter from Uncle Bryan saying he was going to take me to court.

04/9/13 Letter to Uncle Bryan telling him account in dispute.

10/9/13 Letter from Freds account on hold, CCA request sent to Cap One

23/9/13 Letter from Capital One requiring signature.

23/9/13 Letter to Capital One saying no signature required, you have been corresponding with me.

11/10/13 Letter from Freds demanding money

15/10/13 Letter to Freds telling them account in dispute no CCA received

17/10/13 Letter from Freds telling me Capital One want signature they will hold till 31/10/13.

17/10/13 Letter from Capital One with some terms knocked up, no agreement.

17/10/13 Emailed Niddy

17/10/13 Niddy says Very quick response from Niddy, ( thanks Niddy as I thought ) blanket terms no signed agreement. Must donate the token payments I am now saving on these two at the end of the month. Rather go to this great site than those low-life. That's the savings from January 2013 at £2.00 per month. Will be paid on pay day !!!!

14/11/2013 A four page reply received from Capital One with a load of waffle. I am sending to Niddy for his perusal and to see which letter is appropriate. Total smoke and mirrors. E-mailed to Niddy

24/12/2013 A letter from Fredricksons saying that they don't need a signed copy of the agreement and that the terms and conditions sent is lawful enough. Have E-MAILED Niddy for his advice. I have a good idea what he will say

24/12/2013 Niddy's reply IGNORE FOR NOW. Thanks Niddy

7/1/2014 Letter from Freds account on hold, till they hear from client.

7/1/14 Letter from Capital One saying that they do not keep the original CCA !!!!!!!!!! they just scan your signature and stick it on the terms and that they sent the signature page with the terms and conditions, ( load of rubbish nothing there with my signature ) they go on to quote the usual Carey case but forget to add they need the original to reconstruct. Have sent to NIDDY for his advice. E-MAILED NIDDY.

9/1/14 Niddy say's ignore mate and keep letter safe have done that niddy.

9/2/14 Letter from Capital One saying they have taken back account from Freds and I should continue to pay them, ughhhhhh don't think so. Well either Freds did not rate there chances of getting the money without a CCA or Cap One need it more.

03/4/2014 Letter from Lowells saying they have bought the debt, ( nice one Lowells ) thanks for paying it off.

03/4/14 Letter to Lowells telling them this account is in dispute, ( over a year and no CCA )

12/4/14 Letter from Lowells informing me they are going to ask Cap One for the CCA. ( Good luck with that one my friends )

03/4/14 e-mailed Lowells telling them ( Best of Luck ) they replied my comments have been noted etc etc.

09/5/14 This morning a letter from Lowells telling me that Cap One are going to retrieve my CCA from there Archives ( this is strange, why did they not do this in the last year ) also they say they will contact me if they can't get the CCA but this is the laughable bit, once you have seen the CCA we require payment in full, !!!!!!!!!!!!!!!!!! oh yep and what are you going to do if I don't. I have a funny feeling that Cap ONe are going to have the Cut and Paste equipment out so I will have NIDDY check it if they produce this very elusive CCA.

[Never-In-Doubt]

Re: xenaphon1970's UE diary ( moved )

Cap1 are the best at copy / paste

[xenaphon1970]

Re: xenaphon1970's UE diary ( moved )

Thanks Nid, I'll let you cast your skilled eye's over it if it ever appears, As I said to Lowells, they have not produced it in nearly a year, best of luck to you and just because you send something don't think I am going to pay straight away till it is checked, cheeky buggers those lowells

[Still Waving]

Re: xenaphon1970's UE diary ( moved )

Hi x'70

I had the exact same scenario with Crap1/Lowells over a similar amount. Some letter ping pong, including 2 letters in quick succession from Lowell - one saying Cap1 can't find the agreement so we are closing our file, the second enclosing the same UE stuff that Crap1 had sent ages before. After a bit more ping-pong Lowell said they are prepared to take a commercial view. As a gesture of goodwill they have closed the account and confirm that no further action will be taken by them. They said they have contacted all CRAs to remove any defaults relating to the account.
The panel at the side of the letter read You owe £00.00.

Good luck with yours.

[xenaphon1970]

Re: xenaphon1970's UE diary ( moved )

Thanks Still Waving, Just received a nice letter from Lowell today saying I am afraid we have not received a copy of your Credit Agreement from Crap One Yet. ( No poop Sherlock I've been waiting a year ) They are still trying to retrieve it from there archives ( Very Deep and Dark Archives me thinks ) We have placed your account on hold until we receive further information. Then in Block capitals WE WILL BE IN TOUCH when we received it from them we will post it to you straight away. ( Goodluck on that one ) Then final Paragraph, WE'RE HERE TO HELP we wont write to you again until we have the agreement, but if you have any more questions in the meantime, please do phone, ( Hmmmmm fat chance there ) signed by the nice Mr Andrew Bartle Chief Operations Officer.