Josefk diary

[josefk]

Re: Josefk diary

• 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.



Unfortunately the CCA is kinda enforceable according to Niddy. What is the chance of me having only enforceable CCAs??

Will send off the missing terms letter to them though they have been very quiet for a good while (a month or so).

Now for many reasons I have yet to send off the missing terms letter but it's now approaching six weeks since hearing from the two that I need to send missing terms letters to. Is it a good thing to still send the letters and possibly disturb a sleeping dog but gets a letter disputing things into the system or is it something to let it go until they contact again?

30/1/15 -Update- After sending off the Missing terms letter I've heard nothing for roughly 9-10 months. Issues never addressed. Andrew had a look and said the agreement did not comply with S78. Got a letter stating name of Aktiv has changed so pay up. Filed that and will wait for next letter unless any other views?

[Grassy_K]

Re: Josefk diary

My PRA MBNA went quiet for months after CCAing then I got a letter asking to confirm previous address details. Never responded to that.

I find PRA are quite fair. They will accept very low payment offers on enforceable and not tend to press on with action if things are disputed (unlike MKDP for example). So you're on to a good one with this, I'd say.

[josefk]

Re: Josefk diary

Cheers for that, nice to hear something positive.

[josefk]

Re: Josefk diary

• Type of account First Direct CC (Actually an MBNA card DCA Stated wrongly)
  
  
• Date commenced 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
• 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.




Niddy unfortunately reckons kinda enforceable so will send off a missing terms letter.

How do people do the nice long list of goings on as I'm sure I'm updating my diary kinda wrongly?

3/5/14- received a letter from the DCA stating they were going to ask Resolvecall to pay me a visit to arrange repayment. Do I respond or wait and see? was going to send a missing terms letter for this one but other events took over.

27/6/14- Received a letter from the two letters I sent off (missing terms and Doorstep letter). First part a bit sulky saying I can do what I feel is necessary in regards to the possible visit but second part saying agreement was sent and they believe is enforceable so will carry on. Allegedly they only received the letter last week which isn't what the recorded delivery info states but then I think these people can't tell the truth for anything. Still not 100% sure if agreement is enforceable as his Niddyship was going to send to Andrew for a look. Should I file or reply as they haven't gone into the missing terms really?

7/7/14 update- Now received a letter from resolve call following sending the doorstep letter to the DCA saying they may come and visit. Ignore since I sent the DCA the letter or send them a copy?

14/7/14 Update- Received another letter from DCA. They have basically ignored the missing prescribed terms letter and the Refusal to accept UE and just state that they believe account to be enforceable and will continue to collect and I can do what I feel is necessary. This firm makes me twitchy as they are the ones that started the court action on another debt. Still not 100% sure if CCA is enforceable or not as Niddy was going to run it by Andrew. File or is there something else to respond with?
18/7/14 Update - just had a phone call from my wife that resolvecall have paid a visit despite sending the letter removing right of access. Started going on about matters to her and my 12 year old lad who is off sick from school. After telling him I wasn't there he then sat outside the house for a while. Absolutely fuming, do I ignore or what is the next stage once you've denied access to these people?

22/8/2014- Update- After sending them the harrassment and injunction letter I've now received a letter stating "Thanks for your offer of payment in your last letter" etc and a form to complete regarding incomings and outgoings. Andrew had a look at the CCA they sent through and states it does not comply with a S78 request so not sure what to do now as have already sent the missing PT letter and refusal to accept UE status letter.

27/8/14- Sorry to be a pain but any ideas how to respond to these? they have ignored the missing terms letter and refusal to accept U/E, sent a goon to my door so they got the harrassment/injunction letter but they now state that the last letter offered payment and sent an income/expenditure sheet (which they can poke!). My nerves on this one are due to the company as they are the same outfit who have started action on another issue. Really appreciate any help.

23/9/14 Update- Sent the one liner off telling them to relook at the letters regarding missing terms etc and have received two letters just asking me to contact them regarding discussing the debt. The letters are basically the same as when the process started. Do I respond with another one liner or ignore for now?


12/11/14- Update- since my last post I've received a couple of letters just asking me to get in touch which I haven't done as they never answered my letters regarding missing terms etc nor the one liner sent reminding them. However, today I received an income/expenditure form from them so I was thinking rather than ignore another letter I should send another letter reiterating that they need to deal with my last letters. Any other opinions??

20/11/14 -Update- Another letter from the persistently annoying people at Arden. Another letter telling me I haven't made an arrangement to pay and another Income and Expenditure sheet which is now lining he cat tray. They've never tried to answer the missing PT letter or the Refusal to accept UE so should I send a letter now reminding them or ignore. Will be the 4th or 5th letter ignored. This outfit does make me twitchy as these are the ones I have a court date with on another issue. But....they have been a lot less quick on this one than the other one.

26/01/15 -UPDATE- Received a letter a couple of weeks ago saying that the issue has now been moved to westcots. Just filed that and waited to hear from them. Got a letter Friday saying to contact them blah blah blah within 10 days. On Saturday they started calling, from bloody 0830 onward and again today. Was going to wait for the 10 days but it is obvious that they are going to be annoying. I had previously sent the telephone harassment letter to Moorgate who obviously couldn't be arsed to tell Westcots about it. Only thing is I'm not sure how to reply on this one. Moorgate ignored the Missing PTs letter and Refusal to accept UE and they haven't actually sold it to westcot they are just using them as they can't seem to be arsed chasing it anymore. Obviously I will put the telephone harassment bit in but can I have a pointer on the best template to use?

17/2/15- UPDATE- Left replying to Wetsocks to see what would come next. Received a letter now offering me to settle at 25% discount. Not sure why they're offering a discount as they don't own the alleged debt. The telephone calls have stopped which is nice. There are outstanding disputes that were never answered before palming this off to Wetsocks but not sure if the SWID letter is the correct one to send as they are only Idem's puppets at the moment. Any ideas?

[MrsD]

Re: Josefk diary

wescots don't know there is a dispute, so I'd pop them into the picture, it's only fair

pop of a swid

[josefk]

Re: Josefk diary

Thanks Mrs D. I'll get that off.

[josefk]

Re: Josefk diary

• 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

22/8/2014 Update - Like many others it seems this has been bought by Lowells. I had sent off a missing PTs letter which has never been answered and all had been quiet since March. Niddy has deemed it enforceable. I'll send off a SWID to Lowells. As far as I have read the photocopied bits of paper they sent for T&Cs there is nothing that quantifies the PPI aspect at all. One thing that is annoying is that I also received a text on my phone from Hamptons about this, not happy as it is a service phone and not sure where they got the number from. Anything else at this point to do?

25/9/2014- Update- Received a letter from Lowells saying Capital One hasn't yet been able to come up with the agreement following me sending them the SWID letter. Be interesting what does come back as Crapital one sent a photocopy of an application form along with a shed load of terms and conditions which were allegedly on the back of that little form. They also sent a letter stating they do not keep the original contracts. Just sitting and waiting now.

18/10/2014 -Update- Received a very nice letter today from Lowells. It seems Crap one cannot find any agreement (yep, I know. All they could have got was an application form as they had already said they had no agreement) to give Lowells who had purchased the debt so they have now closed the account and I will sadly no longer hear from them.

15/12/2014- UPDATE- Well here's one I never wanted to update but two months after telling me they can't find anything they find the application form and have sent some terms and conditions on separate sheets of paper and some account transactions over the years. I had sent the sold whilst in dispute letter to Lowells originally as it was being disputed with Crapital one when they sold it. Any ideas?? Both Crapital one and Lowells state they don't have the agreement but they have the application form?

18/2/15- Update- SaltnVinegar was correct and Lowlifes treated my SWID and the Application received letter as a complaint. Received an update that since it is over 8 weeks I can now complain to the FOS. Is that worth a move as I know they take a while and the reality is that they are trying to palm off an application with no prescribed terms present as the agreement? They've even contradicted what Crap One said about the application form in their reply back in December so they can't both be right. Any suggestions always gratefully received.

[MrsD]

Re: Josefk diary

usually an application form is not a lawful agreement.

I wouldn't be complaining to the FOS because they won't do anything

just wait and see what comes next, don't panic, just keep an eye out

[SXGuy]

Re: Josefk diary

Send it over to Niddy just to be sure.

[josefk]

Re: Josefk diary

• 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

22/8/2014 Update - Like many others it seems this has been bought by Lowells. I had sent off a missing PTs letter which has never been answered and all had been quiet since March. Niddy has deemed it enforceable. I'll send off a SWID to Lowells. As far as I have read the photocopied bits of paper they sent for T&Cs there is nothing that quantifies the PPI aspect at all. One thing that is annoying is that I also received a text on my phone from Hamptons about this, not happy as it is a service phone and not sure where they got the number from. Anything else at this point to do?

25/9/2014- Update- Received a letter from Lowells saying Capital One hasn't yet been able to come up with the agreement following me sending them the SWID letter. Be interesting what does come back as Crapital one sent a photocopy of an application form along with a shed load of terms and conditions which were allegedly on the back of that little form. They also sent a letter stating they do not keep the original contracts. Just sitting and waiting now.

18/10/2014 -Update- Received a very nice letter today from Lowells. It seems Crap one cannot find any agreement (yep, I know. All they could have got was an application form as they had already said they had no agreement) to give Lowells who had purchased the debt so they have now closed the account and I will sadly no longer hear from them.

15/12/2014- UPDATE- Well here's one I never wanted to update but two months after telling me they can't find anything they find the application form and have sent some terms and conditions on separate sheets of paper and some account transactions over the years. I had sent the sold whilst in dispute letter to Lowells originally as it was being disputed with Crapital one when they sold it. Any ideas?? Both Crapital one and Lowells state they don't have the agreement but they have the application form?

18/2/15- Update- SaltnVinegar was correct and Lowlifes treated my SWID and the Application received letter as a complaint. Received an update that since it is over 8 weeks I can now complain to the FOS. Is that worth a move as I know they take a while and the reality is that they are trying to palm off an application with no prescribed terms present as the agreement? They've even contradicted what Crap One said about the application form in their reply back in December so they can't both be right. Any suggestions always gratefully received.

20/2/15-Update- Had a response from Lowlifes and again SnV was spot on that the response to the letters that they took for a complaint was that everything is fabulous, everything totally enforceable so pay up. Was thinking that the CPUTR letter may be worthwhile. They have admitted to not keeping agreements, they state that the T&Cs sent would not have been with the application form but sent "later" so none of the terms would have been present as needed. Any suggestions?

[oscar]

Re: Josefk diary

• they state that the T&Cs sent would not have been with the application form but sent "later" so none of the terms would have been present as needed. Any suggestions?

• If they have made that statement they have completely shot themselves in the foot.
  
  

[josefk]

Re: Josefk diary

• 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

22/8/2014 Update - Like many others it seems this has been bought by Lowells. I had sent off a missing PTs letter which has never been answered and all had been quiet since March. Niddy has deemed it enforceable. I'll send off a SWID to Lowells. As far as I have read the photocopied bits of paper they sent for T&Cs there is nothing that quantifies the PPI aspect at all. One thing that is annoying is that I also received a text on my phone from Hamptons about this, not happy as it is a service phone and not sure where they got the number from. Anything else at this point to do?

25/9/2014- Update- Received a letter from Lowells saying Capital One hasn't yet been able to come up with the agreement following me sending them the SWID letter. Be interesting what does come back as Crapital one sent a photocopy of an application form along with a shed load of terms and conditions which were allegedly on the back of that little form. They also sent a letter stating they do not keep the original contracts. Just sitting and waiting now.

18/10/2014 -Update- Received a very nice letter today from Lowells. It seems Crap one cannot find any agreement (yep, I know. All they could have got was an application form as they had already said they had no agreement) to give Lowells who had purchased the debt so they have now closed the account and I will sadly no longer hear from them.

15/12/2014- UPDATE- Well here's one I never wanted to update but two months after telling me they can't find anything they find the application form and have sent some terms and conditions on separate sheets of paper and some account transactions over the years. I had sent the sold whilst in dispute letter to Lowells originally as it was being disputed with Crapital one when they sold it. Any ideas?? Both Crapital one and Lowells state they don't have the agreement but they have the application form?

18/2/15- Update- SaltnVinegar was correct and Lowlifes treated my SWID and the Application received letter as a complaint. Received an update that since it is over 8 weeks I can now complain to the FOS. Is that worth a move as I know they take a while and the reality is that they are trying to palm off an application with no prescribed terms present as the agreement? They've even contradicted what Crap One said about the application form in their reply back in December so they can't both be right. Any suggestions always gratefully received.

20/2/15-Update- Had a response from Lowlifes and again SnV was spot on that the response to the letters that they took for a complaint was that everything is fabulous, everything totally enforceable so pay up. Was thinking that the CPUTR letter may be worthwhile. They have admitted to not keeping agreements, they state that the T&Cs sent would not have been with the application form but sent "later" so none of the terms would have been present as needed. Any suggestions?

21/2/15- Having some time to think about it I will send the Refusal to accept UE to them unless anyone thinks another one is better. Always open to ideas though.

[Pixie]

Re: Josefk diary

Yes, I would send that one, no need for CUPTR.

Keep that letter from Lowells very safe because, as Oscar says, they've shot themselves in the foot with that comment.

[josefk]

Re: Josefk diary

Thanks Pixie, I will do that one.

[josefk]

Re: Josefk diary

• 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.



Unfortunately the CCA is kinda enforceable according to Niddy. What is the chance of me having only enforceable CCAs??

Will send off the missing terms letter to them though they have been very quiet for a good while (a month or so).

Now for many reasons I have yet to send off the missing terms letter but it's now approaching six weeks since hearing from the two that I need to send missing terms letters to. Is it a good thing to still send the letters and possibly disturb a sleeping dog but gets a letter disputing things into the system or is it something to let it go until they contact again?

30/1/15 -Update- After sending off the Missing terms letter I've heard nothing for roughly 9-10 months. Issues never addressed. Andrew had a look and said the agreement did not comply with S78. Got a letter stating name of Aktiv has changed so pay up. Filed that and will wait for next letter unless any other views?

17/3/15 -Update- Received a letter today from PRA group saying my account is now with investigations and Litigation group. AK who were handling before the name change never bothered to reply to the missing terms letter after Andrew reckoned info sent was UE. Have noticed on the letter they state original creditor was Varde Experto strangely enough. Shall I send a copy of the missing PTs letter or something else?