Josefk diary

[Never-In-Doubt]

Re: Josefk diary

but also today received a solicitors letter from the account that they haven't sent a CCA for. What is the best response to that letter as they're about out of time for the CCA?

You need to send a CCA off; if you have already done so and they have sent a solicitor letter/threat then simply respond with the below and attach a copy of the original CCA you sent:

Dear Sirs,

Ref: xxxxxxxx

I write with reference to your letter dated xx/xx/xxxx, the content having been noted.

I did send off a CCA Request in line with s.78 on xx/xx/xxxx; a copy of this request is attached for your perusal, and as you know full well, so long as my request remains outstanding you will not be allowed to enforce anything so I politely request that you revert to your client and pass this account back to them.

I will not be corresponding with you again.

Yours faithfully,

[ATTACH=CONFIG]11385[/ATTACH]

** Sign on Signature Strip

[josefk]

Re: Josefk diary

Thanks Niddy, CCA was sent so will send that off.

[josefk]

Re: Josefk diary

Just spotted on the envelope that this was posted from the DCA on solicitors paper. Why would a solicitor from another address be posting from the DCA?

[Never-In-Doubt]

Re: Josefk diary

Normal deceptive behaviour.

[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.

Received one CCA back which need to scan to Niddy but received a letter about the second one. At the beginning of the year the DCA stated they were both cards, the letter I received yesterday stated it was an overdraft from my current account so no CCA needed. Two things, account number of my old current account is totally different and when my current account was closed with first direct my overdraft was paid off and they gave me £1800 odd in cash which was what was left of my monthly pay after settling the overdraft. Any ideas on this one as this is total rubbish they are giving me? The overdraft account is the one that the solicitor started to deal with and I sent the letter Niddy suggested which resulted in the DCA making up this bit of nonsense.

[josefk]

Re: Josefk diary

Sent two MBNA CCAs off to Niddy to look at. Knowing my luck all my CCAs will be enforceable

[josefk]

Re: Josefk diary

Received one CCA back which need to scan to Niddy but received a letter about the second one. At the beginning of the year the DCA stated they were both cards, the letter I received yesterday stated it was an overdraft from my current account so no CCA needed. Two things, account number of my old current account is totally different and when my current account was closed with first direct my overdraft was paid off and they gave me £1800 odd in cash which was what was left of my monthly pay after settling the overdraft. Any ideas on this one as this is total rubbish they are giving me? The overdraft account is the one that the solicitor started to deal with and I sent the letter Niddy suggested which resulted in the DCA making up this bit of nonsense.

This one has me concerned as the information sent is so weird, any ideas on the way forward?

[josefk]

Re: Josefk diary

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

Sent the missing prescribed terms letter to cap one and received a reply stating what they sent was legible so is enforceable. Doesn't cover missing prescribed terms as raised though.

[MrsD]

Re: Josefk diary

I'd do a one liner referring them to your prescribed terms

dear dumwits

With reference to your letter of blah, please refer to the letter of blah, signed for at your office on blah

yours sincerely

stick your head up your bum

josef

[josefk]

Re: Josefk diary

I'd do a one liner referring them to your prescribed terms

dear dumwits

With reference to your letter of blah, please refer to the letter of blah, signed for at your office on blah

yours sincerely

stick your head up your bum

josef

Thanks I'll do that. Any ideas on the other issue above?

[MrsD]

Re: Josefk diary

just send them the one liner as well, Cap one always insist their shoddy paperwork is perfect, luckily we know better

[josefk]

Re: Josefk diary

Cheers Mrs D, my other issue was the one on the post above that about Arden who have stated that an outstanding loan was my first direct account overdraft and not a card. My overdraft was completely paid off when the account was closed so I have no idea how to progress that issue as they say CCA doesn't matter for overdrafts. Not so long ago they were saying both debts were cards, now this.

[MrsD]

Re: Josefk diary

ah, could you try to keep the diary a wee bit clearer, and call the debts by their name, am very easily confused!

ok if it's a card and they say it's an overdraft, i would sent a prove it letter, after all, they have got it totally wrong

so I would just pop one of these off http://www.all-about-debt.co.uk/old/...-debt-prove-it

[josefk]

Re: Josefk diary

ah, could you try to keep the diary a wee bit clearer, and call the debts by their name, am very easily confused!

ok if it's a card and they say it's an overdraft, i would sent a prove it letter, after all, they have got it totally wrong

so I would just pop one of these off http://www.all-about-debt.co.uk/old/...-debt-prove-it

I do apologise for the confusion. I'm trying to work out how it all gets logged as others do their diaries.

Will ping that one off.

[josefk]

Re: Josefk diary

Received a CCA for the 2007 card which I need to send off to Niddy but also today received a solicitors letter from the account that they haven't sent a CCA for. What is the best response to that letter as they're about out of time for the CCA?

Too late to send the prove it letter. Received court letter today for the account they are claiming was a current account with an overdraft and stating they don't need to bother with CCAs with current accounts. Quite worried now as need to defend etc. my current account and overdraft was completely settled when it was closed in 2011.

any advice really welcomed.