Josefk diary

[josefk]

I have started on my journey already and have been lucky enough to have Barclaycard admit to their purchase of an old egg card being UE and Lowells also wiped my balance off after asking them to send a copy of my credit agreement.

This is my first issue below:

• Type of account Capital One cc
  
  
• Date commenced ? Feb 2004
  
  
• Approx balance £7600
  
  
• Date last paid Last full payment probably around July 2011
  
  
• Are you on arrangement or not paying Had a DMP but stopped paying this in June 2013 due to paying people I had never heard of.
  
  
• Status No default received but they state it is defaulted
  
  
• Account owner Capital one dealing again after sending it to Freds and Bryan carter

I have received from them an agreement, which is an application slip and additional pieces of paper they state would have been on the back of the form. Since there's over four pages worth if that is true it would be the worlds smallest writing. They also sent a copy of the alleged defaulted terms and conditions. However this was obtained without sending the £1 fee but following three requests to them, 6 to Freds and one to Carters solicitors. Is it worth sending the agreement and info to Niddy to see or do I need to get the information again using the £1 fee method? If I need to send again I will have to wait a week or so as the 30 days window will not be up.

Any advice gratefully received. Thanks

[josefk]

Re: Josefk diary

Second issue:

• Type of account MBNA CC
  
  
• Date commenced Possibly 2006
  
  
• Approx balance £4300
  
  
• Date last paid Probably June 2011
  
  
• Are you on arrangement or not paying Was in DMP but ceased as above
  
  
• Status Never received any default but in arrears due to not paying
  
  
• Account owner Aktiv Kapital

Have asked four times for the credit agreement. Nothing answered in first three letters. response to fourth was asking me to confirm old address. Probably need to do the £1 fee request for the agreement.

[josefk]

Re: Josefk diary

Last but not least:

• Type of account First Direct CC
  
  
• Date commenced Allegedly 2003 and 2007 (Had no reason to take any card out in 2007 and that year was very memorable as all debt had been cleared)
  
  
• Approx balance £4000 and £6000
  
  
• Date last paid Jun 2011
  
  
• Are you on arrangement or not paying Was in DMP now stopped
  
  
• Status Again no defaults received but obviously in arrears
  
  
• Account owner Moorgate, Idem, Arden (all sending letters, all one firm out of the same address just using different headings)

Have asked for credit agreement 6 times, nothing received. Sent some information saying they bought loan and the dates I allegedly took cards out. Honestly believe the 2007 is very wrong.

Obviously will need to do the £1 fee request but it has gone quiet from them. Nothing heard in a few weeks where they were sending almost weekly.

Again any advice gratefully received.

[Pixie]

Re: Josefk diary

Well done on starting your diary josef

I would start afresh and send CCA Request to all three, remembering to use a handwriting font to sign and send either recorded delivery or get proof of posting.

Let us know when you receive anything back...and don't worry if you haven't received anything in the 12+2 days. Write the date on anything you receive and staple the envelope that it came in to the letter.

[josefk]

Re: Josefk diary

Thanks Pixie, will do the lower two first as cap one only sent in the last month and will use that as a reason to not comply I would have thought.

[Pixie]

Re: Josefk diary

If you want to send what Capital one sent you to Niddy have a read of this and then email to Niddy at webmaster@all-about-debt.co.uk

[josefk]

Re: Josefk diary

Thanks Pixie, will do that. That would make a fair starting point.

[josefk]

Re: Josefk diary

My Barclaycard issue

• Type of account Barclaycard (Kindly bought from Egg)
  
  
• Date commenced ? 1999
  
  
• Approx balance £4000
  
  
• Date last paid Last full payment probably around July 2011
  
  
• Are you on arrangement or not paying Had a DMP but stopped paying this in June 2013 due to paying people I had never heard of.
  
  
• Status No default received but they state it is defaulted
  
  
• Account Owner Barclaycard, already sent to one DCA and batted back

I have acknowledgement from Barclaycard stating that they have not got the paperwork which would enable this to be enforceable, they admit to it being unenforceable directly. One DCA tried to collect then sent it back now got Moorcroft trying their luck. Is there a good letter to send for this occasion?

Regards

[josefk]

Re: Josefk diary

Have scanned in all my Cap one info so have emailed Niddy for a view.

[Deepie]

Re: Josefk diary

My Barclaycard issue

• Type of account Barclaycard (Kindly bought from Egg)
  
  
• Date commenced ? 1999
  
  
• Approx balance £4000
  
  
• Date last paid Last full payment probably around July 2011
  
  
• Are you on arrangement or not paying Had a DMP but stopped paying this in June 2013 due to paying people I had never heard of.
  
  
• Status No default received but they state it is defaulted
  
  
• Account owner Barclaycard, already sent to one DCA and batted back

I have acknowledgement from Barclaycard stating that they have not got the paperwork which would enable this to be enforceable, they admit to it being unenforceable directly. One DCA tried to collect then sent it back now got Moorcroft trying their luck. Is there a good letter to send for this occasion?

Regards

• Here------> Letter Previously Confirming No CCA

[josefk]

Re: Josefk diary

Deepie, thank you very much!! Never expected such a fast response and it looks grand.

[Never-In-Doubt]

Re: Josefk diary

Have scanned in all my Cap one info so have emailed Niddy for a view.

Sadly this looks good, yes it is a signed application but the problem is that the terms they sent are linked to that application and chances are you will come a cropper if this went to court..... sadly IMO it seems to be enforceable.

[josefk]

Re: Josefk diary

So what is the best way forward? Also for section 65 don't they have to be able to produce a real copy and not a recon?

[Never-In-Doubt]

Re: Josefk diary

Carey (v HSBC) sorted recons mate. Blag it - that's what I'd do

[josefk]

Re: Josefk diary

From limited knowledge wasn't that because Carey was the claimant which is what allowed the reconstruction? The letter they sent stated they didn't have anything other than the signature panel and I honestly have no recollection of seeing anything running four pages in length. How do you go and blag this as is new to me?