Josefk diary

[Pixie]

Re: Josefk diary

It might be an idea to send a new CCA Request but see what others think.

[josefk]

Re: Josefk diary

It might be an idea to send a new CCA Request but see what others think.

Funnily enough I was actually thinking of that earlier but wasn't too sure since what they sent earlier was UE, didn't want something good next time round. Then again that was AK, not 100% sure what if anything other than a name change has taken place as they run out of the same place.

[Pixie]

Re: Josefk diary

There's no reason that it would be but my thinking was that they can't start litigation proceedings while there's a CCA Request outstanding.

[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?

19/3/15-Update- Sent off the SWID to Wetsocks. Got another letter now stating that they have not heard from me which is a porkie as everything goes recorded. Had a call last night which one of my sons picked up from them which got me angry as I put in the telephone harassment issue in with the SWID and just asked the bloke why he could not F'ing read and I wasn't going to be confirming anything with him since he phoned me and I didn't know who he was, could be just a weirdo. Anyway was gong to send a one liner telling them to read the last and send a copy of it. Any other suggestions? Also, I sent it to Wetsocks Dunedin house address rather than a PO Box address, would you send to the PO Box?

[josefk]

Re: Josefk diary

Type of account: Halifax Overdraft
Date commenced Sept 2011
Approx balance £1,000
Date last paid June 2013
Are you on arrangement or not paying Had a DMP but stopped paying this in June 2013.
Status No default received but they state it is defaulted
Account owner Halifax but chased by Moorcroft




I was paying this off as part of my DMP, when I stopped paying that this one also stopped. halifax wrote and I sent a cheque to them for the amount that the DMP was paying but rather than cash the cheque they have sent it to Moorcroft. I wrote to moorcroft stating I had no desire to deal with them and return to original lender. They replied stating they knew about the previous DMP but pay up, also said account on hold until later in April.


Any suggestions?
I sent a letter to Moorcroft which they would only have got Saturday asking for a CCA for the now unauthorised overdraft but this morning received a letter from Halifax saying the account is now with Capquest, not had any contact yet from them though. Once they make contact should I just send them that letter for the CCA? What are Capquest like?


19/5/14 Capquest has now made contact. I was going to send off asking for the CCA for the unauthorised overdraft now. Any heads up as to how Capquest are like to deal with?
6/6/14 update. Another letter from capquest telling me I need to contact them (asked me that last time as well) but no threats made. Time to send the overdraft CCA letter or wait for the next play? Phone calls stopped a month ago from them so they're not at the moment being aggressive. To be honest it's the lack of activity from anyone now that is disconcerting.

21/6/14 update. Another letter from Capquest stating if I don't make contact by the 23rd it could affect my credit file. No actual threats just yet another contact and sort it out letter. File or reply for CCA now?

27/6/14- Still not sure how to continue, the letter wasn't threatening but at some stage I will need to reply.Just unsure whether now is the time to send the letter asking for the CCA? Any thoughts??

7/7/14 update- Sent overdraft CCA off to Capquest. Think letters crossed in the post as received a letter from them offering me to settle at a discount. Ignore or reply stating look at previous?

14/7/14 Update- Had a funny response from Capquest. Firstly they state they took on the account in good faith and have no idea what my dispute is. I sent a CCA request I'm sure it's not too difficult to work out what the issue is!! Secondly they then waffle on that they will not pay anything that I have invoiced them for as they have no contract with me so I can assume it is a template letter they themselves are using as it was a simple CCA request. They have now put the account on hold for 21 days.

26/9/2014- Update- The 21 days hold put on by Capquest lasted a fair while and never heard from then again. I have now heard from Westcot who are giving it a go. I have sent off the overdraft CCA letter to them so will wait for their response. One thing I noticed though was I received a holding letter from Lowells, on a different matter, yet the return address on the back of the Lowells envelope and the Westcot envelope are one and the same, are they one and the same firm like Arden, Moorgate and IDEM are?

30/3/2015- Update- Had two letters from Wetsocks about this. First letter acknowledged the request at the start of last week and then the second at the end of the week states that it was all sorted back last October as these things only take 30 days to sort out. What a load of cobblers. I was going to send them a copy of the initial letter with the follow up that since they have stated that all the information was sent in October then they would have no problems in resending it by return post, unless they are deliberately trying to mislead. Nothing has been received from either them or Halifax at all. Any other suggestions?

[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?

30/3/2015-Update- I was waiting the 14 days before sending off the CCA request but received a letter today stating that PRA have transferred the case to their solicitors with a view of starting a court claim. Should I treat as a LBA or just get the CCA off now?

[PlanB]

Re: Josefk diary

Unfortunately the CCA is kinda enforceable according to Niddy.

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?

30/3/2015-Update- I was waiting the 14 days before sending off the CCA request but received a letter today stating that PRA have transferred the case to their solicitors with a view of starting a court claim. Should I treat as a LBA or just get the CCA off now?

The answer to your question has to be *Yes* unless you've sent a CCA request in the last six months. When was your last request sent and who did you send it to? Was it MBNA, Varde (Experto Credite) or Aktiv Kapital now trading as PRA? Sorry I should probably know that if I read back through your diary.

May I also ask whether you've sent anything in reply to those three letters received between January and now?

PRA can be a bit lively so if they say it's been referred to solicitors you need to keep a close eye on the situation since Niddy has said the credit agreement you previously received looks enforceable. PRA tend to use Shoosmiths solicitors.

I don't think you need to send PRA the LBA response letter since it doesn't sound like they've sent you a LBA. That may yet come from the solicitors they've instructed and we'll deal with that then.

Plan B x

[josefk]

Re: Josefk diary

Thanks PlanB. The CCA I sent off was over a year ago to AK.

I didn't respond to the initial hello letter and the next letter gave me 14 days from the date of it to respond, before those 14 days were up I got the letter about referring the case to the solicitors.

Not sure where I actually stand with the info they originally sent. Niddy said Kind of enforceable and Andrew said it wasn't but didn't elaborate as to why but said it didn't fulfill a S78 request. So I'm somewhere between a yes and a no it would seem.

The CCA has gone off now as I wasn't going to hang around too much.

I had actually never even heard of Varde (Experto Credite) before last month.

[The Tech Clerk]

Re: Josefk diary

Usually = MBNA to Vardi = then to A.K.

[PlanB]

Re: Josefk diary

The CCA I sent off was over a year ago to AK.

. . . . the info they originally sent. Niddy said Kind of enforceable and Andrew said it wasn't but didn't elaborate as to why but said it didn't fulfill a S78 request. So I'm somewhere between a yes and a no it would seem.

The CCA has gone off now

It'll be the response to your new CCA request which will matter. Sometimes you get back completely different paperwork from the stuff sent as the result of a previous request.

Send it to Niddy when it arrives - if it arrives.

Plan B x

[josefk]

Re: Josefk diary

Cheers Plan B, it went off yesterday so we'll see what they have now.

[josefk]

Re: Josefk diary

Type of account: Halifax Overdraft
Date commenced Sept 2011
Approx balance £1,000
Date last paid June 2013
Are you on arrangement or not paying Had a DMP but stopped paying this in June 2013.
Status No default received but they state it is defaulted
Account owner Halifax but chased by Moorcroft




I was paying this off as part of my DMP, when I stopped paying that this one also stopped. halifax wrote and I sent a cheque to them for the amount that the DMP was paying but rather than cash the cheque they have sent it to Moorcroft. I wrote to moorcroft stating I had no desire to deal with them and return to original lender. They replied stating they knew about the previous DMP but pay up, also said account on hold until later in April.


Any suggestions?
I sent a letter to Moorcroft which they would only have got Saturday asking for a CCA for the now unauthorised overdraft but this morning received a letter from Halifax saying the account is now with Capquest, not had any contact yet from them though. Once they make contact should I just send them that letter for the CCA? What are Capquest like?


19/5/14 Capquest has now made contact. I was going to send off asking for the CCA for the unauthorised overdraft now. Any heads up as to how Capquest are like to deal with?
6/6/14 update. Another letter from capquest telling me I need to contact them (asked me that last time as well) but no threats made. Time to send the overdraft CCA letter or wait for the next play? Phone calls stopped a month ago from them so they're not at the moment being aggressive. To be honest it's the lack of activity from anyone now that is disconcerting.

21/6/14 update. Another letter from Capquest stating if I don't make contact by the 23rd it could affect my credit file. No actual threats just yet another contact and sort it out letter. File or reply for CCA now?

27/6/14- Still not sure how to continue, the letter wasn't threatening but at some stage I will need to reply.Just unsure whether now is the time to send the letter asking for the CCA? Any thoughts??

7/7/14 update- Sent overdraft CCA off to Capquest. Think letters crossed in the post as received a letter from them offering me to settle at a discount. Ignore or reply stating look at previous?

14/7/14 Update- Had a funny response from Capquest. Firstly they state they took on the account in good faith and have no idea what my dispute is. I sent a CCA request I'm sure it's not too difficult to work out what the issue is!! Secondly they then waffle on that they will not pay anything that I have invoiced them for as they have no contract with me so I can assume it is a template letter they themselves are using as it was a simple CCA request. They have now put the account on hold for 21 days.

26/9/2014- Update- The 21 days hold put on by Capquest lasted a fair while and never heard from then again. I have now heard from Westcot who are giving it a go. I have sent off the overdraft CCA letter to them so will wait for their response. One thing I noticed though was I received a holding letter from Lowells, on a different matter, yet the return address on the back of the Lowells envelope and the Westcot envelope are one and the same, are they one and the same firm like Arden, Moorgate and IDEM are?

30/3/2015- Update- Had two letters from Wetsocks about this. First letter acknowledged the request at the start of last week and then the second at the end of the week states that it was all sorted back last October as these things only take 30 days to sort out. What a load of cobblers. I was going to send them a copy of the initial letter with the follow up that since they have stated that all the information was sent in October then they would have no problems in resending it by return post, unless they are deliberately trying to mislead. Nothing has been received from either them or Halifax at all. Any other suggestions?

2/4/2015 Just bumping in case anyone had any ideas apart from my plan.

[Never-In-Doubt]

Re: Josefk diary

Hiya, have you sent the CCA Request for bank accounts?

In any case, for now, if it were me I'd just wait for their next wet-threat

[josefk]

Re: Josefk diary

Hi Niddy, yep, sent it last September, had nothing back until a letter apologising for the delay and then followed up two or three days later with their letter lying that it had been dealt with so pay up. Will file for now.

[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?

30/3/2015-Update- I was waiting the 14 days before sending off the CCA request but received a letter today stating that PRA have transferred the case to their solicitors with a view of starting a court claim. Should I treat as a LBA or just get the CCA off now?

7/4/2015 -Update- Bit of a surprise in that I received today the same CCA form as I got last time, all in less than a week of sending the request. I was thinking of sending back the missing terms letter which is what we did last year as it is pretty obvious someone there is hot with the trigger finger. My problem with this one is that Niddy said Kinda enforceable whereas Andrew said it was UE. It has the agents name on the application form with no signature from MBNA so does that make it an unexecuted agreement? Any thoughts?