Josefk diary

[Still Waving]

Re: Josefk diary

Well said.

[SA Gold]

Re: Josefk diary

I am entering this Christmas in a completely different frame of mind than I did last year and it's you I need to thank for that.

thats the spirit mate, good for you.
Merry Christmas
SA

[IF]

Re: Josefk diary

Have a Merry Christmas from me too Josef

[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?

5/1/2015 - UPDATE- Had a response from Crapital One today. I will paraphrase the key points of the letter: They state they bought the account in good faith from Crap one who indicated that the alleged debt was payable, no mention obviously of it being in dispute. They state that all rights are assigned to them upon purchase but they do not hold copies of agreements within their office. They say that the agreement and statements were received from Crap One and sent to me.

They then go on to state that what was sent to me is an application form and once accepted by Crap one I would have been sent the terms and conditions applicable to the account. The application form they state is the agreement and they sent me the T&Cs for when it was taken out and the latest set of T&Cs. How can this be a properly executed agreement if none of the T&Cs were on the application form. They are not even trying to say (as Crapital One has in the past) that all the information would have been on the back of the form.

They further state that since April 2007 the court has discretion on whether the agreement was properly executed.

Advice on the next steps would be really helpful. I can't see how an application form with no prescribed terms and conditions etc can be enforceable on the basis that they state, with no evidence that you were later sent T&Cs, and I honestly do not recall getting an envelope with 10+ pages of T&Cs at any time.

[MrsD]

Re: Josefk diary

load of disgraceful rubbish

I would send http://www.all-about-debt.co.uk/inde...cept-ue-status

they know fine well that there is no paperwork, they are just trying it on.

[josefk]

Re: Josefk diary

Thank you Mrs D. I will get that off to them.

[Pixie]

Re: Josefk diary

I agree with MrsD... typical trying it on hoping you'll believe them... but you know better than that

[The Tech Clerk]

Re: Josefk diary

Never give up do they Lowells, really they are commenting/next to fraudulent scripts

[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?

[nanna58]

Re: Josefk diary

You could also include one of the sites phone numbers they couldn't call you then. Just a thought.

[josefk]

Re: Josefk diary

Sorry to be a pain but has anyone got a good way forward with Westcot regarding the last post? They really are a pain in the rear end but it's flummoxed me this time.

[Deepie]

Re: Josefk diary

Sorry to be a pain but has anyone got a good way forward with Westcot regarding the last post? They really are a pain in the rear end but it's flummoxed me this time.

Well if it were me...... i'd ignore for now and see what they do next .....

[PlanB]

Re: Josefk diary

if it were me...... i'd ignore for now and see what they do next .....

I agree with that.

You've had one letter which didn't threaten court action (did it?). Then came the phone calls which I bet were an automated digital voice saying "if you are Mrs Debt Avoider press 1 if not press 2". I got those all weekend too. I didn't press either of those options. I pressed the red "end call" button.

They'll write to you again.

[The Tech Clerk]

Re: Josefk diary

You referring to wetcloths???? wait to see next template

[josefk]

Re: Josefk diary

Cheers, I will wait for their next move. Not 100% sure why it was sent to Wetcloths when the missing PTs letter and refusal to accept UE remain completely ignored.