xenaphon1970's UE diary ( moved )

[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.

15.5.14 Letter from Lowells saying still awaiting agreement. hmmmmmmmmmmm

21.8.2014 Big letter from Lowells saying here is the agreement, exactly what Capital One sent, except the terms could not possibly relate to the account at opening. BUT STILL NO CCA IN SIGHT, have e-mailed Lowells to say still in dispute.



Argos Card
Total Outstanding £886.00
CCA Request October 2010

In dispute.


21.8.2014 Argos Card letter received from Argos saying they have sold to Lowells, letter from Lowells saying they have purchased ( another Lemon for them ) Argos failed in 2010 to supply CCA even sent someone elses application form haaaaaaa.

21.8.2014 E-mail to Lowells saying account sold in dispute.

[MrsD]

Re: xenaphon1970's UE diary ( moved )

that's fine, i would just wait

[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.

15.5.14 Letter from Lowells saying still awaiting agreement. hmmmmmmmmmmm

21.8.2014 Big letter from Lowells saying here is the agreement, exactly what Capital One sent, except the terms could not possibly relate to the account at opening. BUT STILL NO CCA IN SIGHT, have e-mailed Lowells to say still in dispute.



Argos Card
Total Outstanding £886.00
CCA Request October 2010

In dispute.


21.8.2014 Argos Card letter received from Argos saying they have sold to Lowells, letter from Lowells saying they have purchased ( another Lemon for them ) Argos failed in 2010 to supply CCA even sent someone elses application form haaaaaaa.

21.8.2014 E-mail to Lowells saying account sold in dispute.


18.11.2014 Ok, a result on the argos card, but Lowells still trying their arm with cap 1 see e-mail

Dear Mr XenaphonComplaint Reference: xxxxsxLowell Reference: 0000000 Lowell Reference: 0000000Original Creditor: Home Retail Group – Argos Original Creditor: OrangeLowell Reference: Original Creditor: Capital OneI write further to our email of 10 October 2014 and would like to take this opportunity to apologise for the delay in responding.Summary of your complaintMy understanding of your complaint is that you dispute owing the outstanding Argos balance. You have stated that you will not pay anything towards this account unless we can provide a copy of the Consumer Credit Agreement.You have asked that we provide a signed service agreement and copies of all invoices and call logs relating to your Orange account.

Furthermore, in relation to the Capital One account, you believe that you do not owe the outstanding balance. You wish us to provide the original Consumer Credit Agreement to substantiate our claim that the debt is valid and due.

My findingsI have reviewed account reference Argos, taking into consideration the concerns that you have raised. We purchased the account in good faith from Home Retail Group on the understanding that the outstanding balance was due and owing, and free of any unresolved disputes. However, I have been unable to obtain a copy of the Consumer Credit Agreement. Therefore, whilst we believe that the debt id due and owing I have taken the decision to close the account. This is done without any admission of liability or wrongdoing.

In relation to account reference Orange,( Not worried about this one only £90 some late payments just want them to work for it ) I note your request to be provided with a signed service agreement and copies of all invoices and call logs. However, as this account is a service agreement and not a credit agreement, it is not governed by the provisions of the Consumer Credit Act 1974. As such, there is no statutory requirement to complete and sign any such ‘agreement’ in order to obtain an account of this nature. As you are probably aware, accounts of this type can be obtained by telephone, over the internet and by mail order and therefore, if no signed contract ever existed then it cannot be provided. The terms and conditions of telecommunications contracts are considered binding upon insertion of the SIM card and the requesting of service that is implicit in doing this, evidenced by phone usage costs, which forms part of the outstanding balance that we are seeking to recover. I have however, requested copies of statements from Orange, to evidence the outstanding balance and will forward these to you upon receipt. I will place the account on hold whilst we await these.

Moving on, I have reviewed the previous correspondence that we have sent to you relating to account reference Cap One We have provided our response to you regarding your complaint, in our email dated 20 August 2014. In this response, we enclosed a copy of your agreement, defaulted agreement, associated terms and conditions, along with copy statements which were provided by Capital One and informed you that this information indicates the account and balance is valid and collectable. (Nothing but the same as Cap One sent Niddy say's UE )On 22 August 2014, we responded to a further email from you, in which we advised that we did not share your opinion that the account is still in dispute and it is now enforceable. We advised that your account would be returned to our Collections Team after a 30 day hold.I have reviewed all of the information on this account and I can confirm that we have provided sufficient documentary evidence to substantiate our claim that the debt is fully due and owing.Therefore, I have placed your account on hold for 30 days, to allow you time to discuss an affordable repayment plan with us. Please call our Customer Contact Centre on 0844 844 4716. Should we not hear from you within this time, this matter will be passed to our Litigation Department to review. (Good luck with that ) how in God's earth does a blank set of terms constitute a CCA request no name on it no CCA at all. Argos sent the same yet they have closed that one, why are they being stubborn with Cap One, as I know lots of you have the same problem with them.

[xenaphon1970]

Re: xenaphon1970's UE diary ( moved )

Well a nice early post from lowells, they have included a reconstructed credit agreement this time and admit they have lifted the signature. Will e-mail niddy to get his expert opinion, it looks UE, but I'm no expert, plus a long winded same letter I had in November 2014 quoting the infamous CAREY.

NIDDY E-MAILED

[xenaphon1970]

Re: xenaphon1970's UE diary ( moved )

Well Niddy is quick and on form, again he say's and to send missing prescribed terms, this will be the third time I have sent that to Lowells, as our correspondence is by e-mail and I seem to have one Gentleman who is like a dog with a bone it has become quite personal, and I must learn to keep my cool on this, I am letting him get to me so a few things said in no uncertain terms. Agreed he has written off the Argos bill of nearly £900, but for this £424 he is hard at it, maybe Niddy has P*ssed him off in the past, a little e-mail from him saying to beware of sites offering advice on unenforcible, did then go on to tell the muppet that prior to working in the NHS I was a qualified Financial Advisor, FPC 1, 2, 3 and CEMAQ. Also that my legal team have seen Lowells sent packing on many occasions, think Stevie boy is looking in on you NIDDY so being a betting man, I can see this one going to court. Out of my £49,000 unsecured debt only YB LOAN £13,000 and Debenhams card, ( yep ) even NIddy could not fault it, £580 now, and two small £1,000 loans are enforceable,

So great result really from you guy's and another well known site I used before I saw the light of NIDDY as they seemed to have started to shy away from UE. Now some will become SB next year and a lot in early 2016, I could have had them all SB next year, what an idiot not finding this site.

A really funny one is Cabot, in all fairness most of my debt is with them so I'm going to say that out of all the companies I have delt with they are the first to hold their hands up and say UE but you still owe us. God bless them all in writing to explaining that enforcement means obtaining a CCJ which they can't do but i'm still liable for debt, those letters are like gold, scanned and copied on various disc's, harddrives icloud you name it. But I have to laugh, they are going to try and get a Barclaycard CCA which they already admit Barclays have not got. !!!! Strange is their some new law out or is this a concerted smoke and mirrors campaign. Has anyone had the same ????? I think it has got to the point when I upped my payment of the three I'm paying them and they though oh, have we tried this one out of his nine confirmed UE we hav

I await with baited breath. But anyway folks, great luck as I told NIDDY, won the staff lottery it's our local hospital one £1,000 in me paypacked and a donation to this great site on the way. What shall I SPEND it on, shall I give it to Lowells because they say their right and NIDDY is wrong,phew hard decision.

I'll keep you informed on this personal battle with Stevie. He's out to destroy Niddy I think, haaaaaaaaaaaaa

[Never-In-Doubt]

Re: xenaphon1970's UE diary ( moved )

Well Niddy is quick and on form, again he say's and to send missing prescribed terms, this will be the third time I have sent that to Lowells, as our correspondence is by e-mail and I seem to have one Gentleman who is like a dog with a bone it has become quite personal, and I must learn to keep my cool on this, I am letting him get to me so a few things said in no uncertain terms. Agreed he has written off the Argos bill of nearly £900, but for this £424 he is hard at it, maybe Niddy has P*ssed him off in the past, a little e-mail from him saying to beware of sites offering advice on unenforcible, did then go on to tell the muppet that prior to working in the NHS I was a qualified Financial Advisor, FPC 1, 2, 3 and CEMAQ. Also that my legal team have seen Lowells sent packing on many occasions, think Stevie boy is looking in on you NIDDY so being a betting man, I can see this one going to court. Out of my £49,000 unsecured debt only YB LOAN £13,000 and Debenhams card, ( yep ) even NIddy could not fault it, £580 now, and two small £1,000 loans are enforceable,

So great result really from you guy's and another well known site I used before I saw the light of NIDDY as they seemed to have started to shy away from UE. Now some will become SB next year and a lot in early 2016, I could have had them all SB next year, what an idiot not finding this site.

A really funny one is Cabot, in all fairness most of my debt is with them so I'm going to say that out of all the companies I have delt with they are the first to hold their hands up and say UE but you still owe us. God bless them all in writing to explaining that enforcement means obtaining a CCJ which they can't do but i'm still liable for debt, those letters are like gold, scanned and copied on various disc's, harddrives icloud you name it. But I have to laugh, they are going to try and get a Barclaycard CCA which they already admit Barclays have not got. !!!! Strange is their some new law out or is this a concerted smoke and mirrors campaign. Has anyone had the same ????? I think it has got to the point when I upped my payment of the three I'm paying them and they though oh, have we tried this one out of his nine confirmed UE we hav

I await with baited breath. But anyway folks, great luck as I told NIDDY, won the staff lottery it's our local hospital one £1,000 in me paypacked and a donation to this great site on the way. What shall I SPEND it on, shall I give it to Lowells because they say their right and NIDDY is wrong,phew hard decision.

I'll keep you informed on this personal battle with Stevie. He's out to destroy Niddy I think, haaaaaaaaaaaaa

Hi mate - sorry I missed this, can you please send me the letter he sent you - webmaster@all-about-debt.co.uk

[xenaphon1970]

Re: xenaphon1970's UE diary ( moved )

dig it out NIddy, it's all by e-mail, looks like your up for the fight mate.

[Never-In-Doubt]

Re: xenaphon1970's UE diary ( moved )

I hate Lowells.