Josefk diary

[cymruambyth]

Re: Josefk diary

Sorry to hear that; our legal team are having a lot of success at present, so good luck and follow all the instructions you are given. Keep an eye on your threads as timings are crucial.

[Undercover Elsa]

Re: Josefk diary

Was this by any chance originally a Virgin/MBNA card Josef?

http://forums.all-about-debt.co.uk/s...-Unenforceable!

[Never-In-Doubt]

Re: Josefk diary

Was this by any chance originally a Virgin/MBNA card Josef?

http://forums.all-about-debt.co.uk/s...-Unenforceable!

No it wasn't......

[Undercover Elsa]

Re: Josefk diary

The claim continues on a new thread in AAD+ Secure Legal Section: http://forums.all-about-debt.co.uk/s...September-2015


Details on how to join AAD+ here: http://forums.all-about-debt.co.uk/aad-members.php

Elsa x

[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.

19/4/2015 -UPDATE- I sent off the refusal to accept UE letter and heard nothing at all from Lowlifes. Yesterday I received a letter from Fredricksons, which had the letter inside it stating that Freds were going to deal with it which was from Lowlifes so they are obviously saving on the postage. Anyway, I think there is a very real threat inside the letter as it states that if there is no information as to how the debt will be settled then Bryan Carter will commence legal action. They detailed the court fee and solicitors fees etc so unless anyone has any other suggestions I will be sending the LBA response to them Tuesday. Funny that it's back with Freds, saw them off with this one before finding this great place. Anyhow, all suggestions welcome.

8/9/2015 -UPDATE- A bit late with the update as been busy settling into a new job and dealing with another one. I sent off the LBA To Freds and after receiving a holding letter I received, a few weeks ago now whilst on holiday, a letter telling me that if I wanted the information I've asked for in the LBA then I need to send a SAR to Crap One. Since there was no threats etc I put it to one and then forgot about it. Anyway, I've now started getting telephone calls from Freds so the're obviously getting active again. Was going to send a one liner asking them to comply with the LBA along with a sod of calling me template. Any other ideas?

19/9/2015- UPDATE- After having the LBA ignored by Freds and being told to contact Crap One with a SAR I've now received a letter from Brian Carter threatening court action in 14 days if I don't sort things out. Was going to now send him a LBA unless anyone has any other ideas?

[The Tech Clerk]

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.

19/4/2015 -UPDATE- I sent off the refusal to accept UE letter and heard nothing at all from Lowlifes. Yesterday I received a letter from Fredricksons, which had the letter inside it stating that Freds were going to deal with it which was from Lowlifes so they are obviously saving on the postage. Anyway, I think there is a very real threat inside the letter as it states that if there is no information as to how the debt will be settled then Bryan Carter will commence legal action. They detailed the court fee and solicitors fees etc so unless anyone has any other suggestions I will be sending the LBA response to them Tuesday. Funny that it's back with Freds, saw them off with this one before finding this great place. Anyhow, all suggestions welcome.

8/9/2015 -UPDATE- A bit late with the update as been busy settling into a new job and dealing with another one. I sent off the LBA To Freds and after receiving a holding letter I received, a few weeks ago now whilst on holiday, a letter telling me that if I wanted the information I've asked for in the LBA then I need to send a SAR to Crap One. Since there was no threats etc I put it to one and then forgot about it. Anyway, I've now started getting telephone calls from Freds so the're obviously getting active again. Was going to send a one liner asking them to comply with the LBA along with a sod of calling me template. Any other ideas?

19/9/2015- UPDATE- After having the LBA ignored by Freds and being told to contact Crap One with a SAR I've now received a letter from Brian Carter threatening court action in 14 days if I don't sort things out. Was going to now send him a LBA unless anyone has any other ideas?

77

LBA to farters

[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.

25/1/2016-Update- Had a couple of letters off of Robinson Way which I'd filed as they were right on top of christmas but they are getting persistent with their letters and phone calls. Last letter said if no response they may get their solicitor to write so was going to send them a SWID as I've never received a CCA following requests to Halifax a while ago. Unless there's any other views?

[cymruambyth]

Re: Josefk diary

As all the letters are saying may, you could ignore; however with all your other problems you may feel easier if you send the SWID letter.

[josefk]

Re: Josefk diary

As all the letters are saying may, you could ignore; however with all your other problems you may feel easier if you send the SWID letter.

Cheers, to be honest I have ignored a few so will get this off. Westcot dropped it after getting that after bluffing it'd been sent.

[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.

25/1/2016-Update- Had a couple of letters off of Robinson Way which I'd filed as they were right on top of christmas but they are getting persistent with their letters and phone calls. Last letter said if no response they may get their solicitor to write so was going to send them a SWID as I've never received a CCA following requests to Halifax a while ago. Unless there's any other views?

15-3-2016 Update and advice please- I sent off an overdraft CCA request to Robbers way who replied saying my request was not a valid dispute. Not sure what they meant by that, seemed a bit of nonsense. Today I received an LBA from Howard Cohen. Is it just the normal LBA we send for this as it is an overdraft situation?

[PlanB]

Re: Josefk diary

Had a couple of letters off of Robinson Way which I'd filed . . . . . Last letter said if no response they may get their solicitor to write so was going to send them a SWID as I've never received a CCA following requests to Halifax a while ago.

15-3-2016 Update and advice please- I sent off an overdraft CCA request to Robbers way who replied saying my request was not a valid dispute. Not sure what they meant by that, seemed a bit of nonsense. Today I received an LBA from Howard Cohen. Is it just the normal LBA we send for this as it is an overdraft situation?

What is the deadline for your response to Howard Cohen solicitors' LBA (if it is a LBA).

Your previous post doesn't describe the debt as obviously unenforceable so let's look at your options based on any errors which may have been made along the way.

Plan B x

[josefk]

Re: Josefk diary

Well, the letter is "dated" the 7th March, delivered 8 days later, a notice of pending legal action. Gives me 10 days to respond which is Friday. Shyster move.

This is an overdraft, no loan or card involved, had been sending the overdraft CCA but now I have 2 days to get a response to them which means I have to do it tonight as I'm in London all day tomorrow.

[josefk]

Re: Josefk diary

Nothing heard so will send the newest LBA response off. Just got rid of one and another one comes alive. Bit naughty though to give you 10 days from date of letter to reply and then don't get it delivered until 2 days to go.

[Undercover Elsa]

Re: Josefk diary

You've done the right thing Josefk.
Keep the envelope that the LBA came in and note the date of receipt on it.


Elsa x

[josefk]

Re: Josefk diary

You've done the right thing Josefk.
Keep the envelope that the LBA came in and note the date of receipt on it.


Elsa x

Thanks Elsa, that's a good point about noting the date as I see they use envelopes that don't get franked with a postage date. Something for all of us to bear in mind.