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  • StressHead's UE Diary

    Here’s a bit of background. I started typing an essay on all the negative things which have happened to me to get me to this point but it’s too personal to go into detail. Suffice to say that it includes failed relationships with financial implications and many emotional issues which I have been dealing with for over 11 years. However, I’m somehow still here to tell the tale and I no longer wish the past to be my story. Life is good and it’s time to write a new, happier story and it’s definitely time to address the debt which has been sitting on my shoulders for so long and causing me so much upset and stress.

    I joined a DMP Company in February 2009 thinking that this would address my debt matters and in November 2010 I gave the same company permission to file claims on my debts. I was finally getting my head out of the sand! However having met my wonderful boyfriend who has been in a similar position, he advised me to look into it again. With the DMP, it would have taken me 23 years to pay back the debt. As for the claims, any account they had deemed as unenforceable, I would then have been liable to pay them 30% of what they had written off… OUCH!

    As of Feb 2011, I am no longer with the DMP/ Claims Company and I requested a copy of my full file from them. Then I found this site… I’m hoping that with your help, today will be the start of getting back on my feet financially. I’m not always as positive as I sound in this blurb and the stress of this debt has certainly a toll on my health.

    I have no assets apart from a car which I still owe money on (please see SANTANDER post below).

    Key


    Sent
    Received
    Other Information
    Debt as of Feb 2011 - £69,121 (and ever increasing due to charges/interest) across 6 credit cards, 2 loans and an overdraft.
    May 2011 - In limbo £10,570. Enforceable £8,987. Unenforceable £33,885. Written off £15,679.
    Jan 2012 - In limbo £10,570. Enforceable £8,987 (all settled or paid off apart from £1,600). Unenforceable £33,885. Written off £15,679.

  • #2
    First letter requesting CCA (12 working days + 2 working days)

    In each case below, I refer to First Letter requesting CCA. Below is a copy of the letter I sent as I did this before I found this site. Thought I'd include the letter in case I'd sent the wrong one.


    Dear Sirs,

    Account No: XXXXXXXX

    I hereby formally request a copy of my Consumer Credit Agreement, pursuant to s.77-79 of the Consumer Credit Act 1974 (CCA1974).

    I require you to provide me with a true copy, or reconstituted copy of the credit agreement relating to any account you deem to be mine, together with any other documentation the Act requires you to provide. You are reminded that should you fail to comply with my request; the provisions of s.77 will apply.

    If it is your view that you are not the creditor, s.175 of the CCA1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties. Your attention is drawn to ss.5(2), 3(b), 6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

    I also remind you of your duties, in line with recent OFT Guidance (issued Oct 2010) surrounding Unenforceability, I presume you're aware that the OFT has stipulated that 'sections 77-79 of the Consumer Credit Act 1974 outline the information creditors must provide to debtors under fixed-term, running account & Hire Agreements'. This simply means that under these sections a debtor can pay £1 to get:
    • a copy of their agreement
    • copies of some of the other documents mentioned in their agreement
    • a statement of account.
    In line with the OFT Guidance, and the Consumer Credit Act, please find attached my £1 payment, which is the statutory fee - note that these funds are not to be used for any other purpose. If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee and then remove the incorrect entry from your systems.

    Yours faithfully,


    Digitally signed
    Debt as of Feb 2011 - £69,121 (and ever increasing due to charges/interest) across 6 credit cards, 2 loans and an overdraft.
    May 2011 - In limbo £10,570. Enforceable £8,987. Unenforceable £33,885. Written off £15,679.
    Jan 2012 - In limbo £10,570. Enforceable £8,987 (all settled or paid off apart from £1,600). Unenforceable £33,885. Written off £15,679.

    Comment


    • #3
      MBNA Credit Card

      MBNA
      Date commenced: Sept 2006
      Approx balance: £10,570
      Date last paid in full: ?
      Other info: Partial payment paid by DMP, last one in Feb 2011. No payments being made now.
      Status: Defaulted Aug 2008. Default Notice received from Arrow Global Oct 2008.
      Account Owner: According to DMP, account is with MBNA. Credit Expert says it’s with Arrow Global. Last letter I received was from Fredrickson International in Oct 2008.

      15 JUNE 2010: Letter to DMP Company from MBNA stating that ‘accordingly the credit agreement and current terms and conditions were sent to you’. No CCA or T’s&C’s were received by DMP Company.
      8 FEB 2011: Letter to me from Arrow Global asking me to send proof of new address. Letter received on 11/02/11. I moved in Aug 2009.
      9 FEB 2011: First letter requesting CCA sent to Fredrickson International.
      1 MARCH 2011: End of 14 working days and no response. Have I sent the request to the right company? Have checked the recorded delivery code and it says that it’s still being processed through the Royal Mail system.
      4 APRIL 2011: Letter still hasn't been delivered and PO hasn't been cashed. Letter requesting CCA sent again to Fredrickson International.
      31 MAY 2011: Letter from Arrow Global 'Arrow Global hold the legal rights of this account and until further notice, all correspondence should be directed to us. We do not accept that we are the creditor as envisaged by the above statute. However, we are willing to assist in obtaining the CCA. We will now process your request from the creditor and will revert in due course. We confirm that all collection activity will be suspended pending provision of the documents'. Amount owing as stated on this letter is £10,201.08.
      JUNE 2011: Niddy says to just wait.
      27 JULY 2011: Letter from Arrow Global 'Thank you for your recent communication in which you informed us of a different address. We are required to verify... provide us with 2 of the following...'. Presume they're referring to letter on 04/04/11. Still haven't had any further communication from them regarding their letter on 31/05/11.
      1 APRIL 2011: Checked my Experian credit report and this debt is showing but they've never got back to me.
      29 SEPT 2012: Letter from Moorcroft Debt. Possible litigation letter.
      27 OCT 2012: Letter from Midas Credit Services (part of Moorcroft) - Litigation warning.
      2 JAN 2013: Threat by Creditor - To Commence Litigation letter sent to Moorcroft.
      7 JAN 2013: Letter from Moorcroft Debt. 'in reference to your letter... we are no longer dealing with this account. For the avoidance of doubt you should resubmit your request to the client'.
      17 JAN 2013: Letter from Scotcall, on behalf of creditor Arrow Global Guernsey Ltd. Impending Debt Collection Visit Letter.
      22 JAN 2013: Phonecall to my work mobile from Scotcall. Told them to write to me and not to call my work mobile phone again. I don't know how they would have got this number as I don't give it to anyone debt related.
      24 JAN 2013: Text to my work mobile from Scotcall.
      25 JAN 2013: Account sold whilst in dispute letter sent to Scotcall.
      FEB 2013: Envelope with copy of a CCA in and a Scotcall compliments slip.
      7 MAR 2013: Letter from Arrow Global 'Thank you for your letter dated 25/02/13. Having reviewed your comments we understand that you request documentation pursuant to the CCA 1974. We are keen to resolve your query however your address has changed blah blah blah...'.
      12 APR 2013: Letter from Arrow Global 'We contacted you recently in regard to the new address you have provided and are awaiting proof before we can address your enquiry. Blah blah blah...'.
      30 AUG 2014: Removed from Credit Report!
      Last edited by StressHead; 7 May 2015, 12:39.
      Debt as of Feb 2011 - £69,121 (and ever increasing due to charges/interest) across 6 credit cards, 2 loans and an overdraft.
      May 2011 - In limbo £10,570. Enforceable £8,987. Unenforceable £33,885. Written off £15,679.
      Jan 2012 - In limbo £10,570. Enforceable £8,987 (all settled or paid off apart from £1,600). Unenforceable £33,885. Written off £15,679.

      Comment


      • #4
        MARBLES Credit Card

        MARBLES - UNENFORCEABLE - WRITTEN OFF IN MAY 2011!
        Date commenced: Apr 2003
        Approx balance: £10,257
        Date last paid in full: ?
        Other info: Partial payment paid by DMP, last one in Feb 2011. No payments being made now.
        Status: Defaulted Aug 2008. No Default Notice received.
        Account Owner: Lowell

        29 SEPT 2010: Letter to DMP Company from Lowell stating that they have requested the CCA from the original lender SAV Credit.
        19 NOV 2010: Letter to DMP from Lowell saying that ‘after liaising with SAV Credit, the document is no longer available due to the length of time since the account was opened. At this time we have closed our file and will not make any further contact with your client concerning payment against this account unless the copy of the agreement is received at some point in the future from SAV Credit’.
        9 FEB 2011: First letter requesting CCA sent to Lowell.
        21 FEB 2011: Letter from Lowell saying that they have requested the CCA from SAV Credit.
        1 MARCH 2011: End of 14 working days and no further response. Have checked recorded delivery code and letter was delivered on 10/02/11. The original agreement number on the letters from Lowell is not the same as my original agreement number with Marbles. The number was correct on correspondence until the debt was passed from SAV Credit to Lowell back in May 2009.
        1 MARCH 2011: Letter from Lowell saying that they haven't received CCA from SAV Credit as yet. Still trying to retrieve it from archives. Account on hold.
        29 MARCH 2011: Letter from Lowell saying that after liasing with SAV Credit, they have confirmed that it is no longer available due to the length of time since the account was opened. At this time we have closed our file and will not make any further contact with you concerning payment unless the copy agreement is received at some point in the future from SAV Credit.
        06 APRIL 2011: Niddy says ! Yippee!
        09 MAY 2011: Letter from Lowell 'After reviewing the account, we are prepared to take a commercial view in relation to this matter and as a gesture of good will and strictly without any admission of liability, we are prepared to close the account and write-off any outstanding balance. We trust that you will find this satisfactory and that this matter is now closed'.
        16 MAY 2011: £10,257 officially written off! This account has been closed. What a result! Thanks to everyone, especially Niddy, for their support and advice.
        Last edited by StressHead; 14 November 2011, 16:39.
        Debt as of Feb 2011 - £69,121 (and ever increasing due to charges/interest) across 6 credit cards, 2 loans and an overdraft.
        May 2011 - In limbo £10,570. Enforceable £8,987. Unenforceable £33,885. Written off £15,679.
        Jan 2012 - In limbo £10,570. Enforceable £8,987 (all settled or paid off apart from £1,600). Unenforceable £33,885. Written off £15,679.

        Comment


        • #5
          BARCLAYCARD Credit Card

          BARCLAYCARD - UNFORCEABLE AT PRESENT
          Date commenced: June 2000
          Approx balance: £7,495.70 (updated 01/08/11)
          Date last paid in full: ?
          Other info: Partial payment paid by DMP, last one in Feb 2011. No payments being made now.
          Status: No default issued. Barclaycard doesn’t even show on Credit Expert. Apex Credit Management is showing the account as Satisfactory.
          Account Owner: Was sold to Apex Credit Management in Jan 2011.

          13 MAY 2010: Letter from DMP Company to Barclaycard requesting CCA. No response received.
          21 JAN 2011: Letter to me from Barclaycard saying that they have sold the debt to Apex Credit Management. It says ‘this letter is formal notice of the assignment of the debt and the closure of your account with Barclaycard’.
          21 JAN 2011: Letter from Apex saying that they have bought to debt from Barclaycard.
          9 FEB 2011: First letter requesting CCA sent to Apex.
          14 FEB 2011: Letter from Apex saying that they have requested the CCA from Barclaycard.
          1 MARCH 2011: End of 14 working days and no further response.
          25 MARCH 2011: Letter from Apex stating that CCA and T's&C's are enclosed. Still waiting for SOA, will be sent as soon as received.
          4 APRIL 2011: Niddy says as only terms were sent and no agreement.
          4 APRIL 2011: CCA Query - T's&C's Supplied letter sent to Apex.
          1 JUNE 2011: Letter from Apex saying that they haven't received any minimum payments from me and they want me to pay them £29.30/month. Niddy says to ignore.
          1 AUGUST 2011: Letter from Apex saying that they haven't received any minimum payments from me and they want me to pay them £29.30/month. Have been receiving 1-3 calls a day from APEX for the last couple of weeks.
          1 SEPT 2011: Letter from Apex saying that they haven't received any minimum payments from me and they want me to pay them £29.30/month. No calls recently.
          3 NOV 2011: Letter from Apex saying that they haven't received any minimum payments from me and they want me to pay them £29.30/month. No calls recently.
          1 JAN 2012: Letter from Apex saying that they haven't received any minimum payments from me and they want me to pay them £29.30/month. No calls recently.
          1 FEB 2012: Letter from Apex saying that they haven't received any minimum payments from me and they want me to pay them £29.30/month. No calls recently.
          3 MAR 2012: Letter from Apex saying that they haven't received any minimum payments from me and they want me to pay them £29.30/month. No calls recently.
          1 SEPT 2012: Letter from Apex saying that they haven't received any minimum payments from me and they want me to pay them £29.30/month. No calls recently.
          9 SEPT 2012: Letter from Apex saying that they haven't received any minimum payments from me and they want me to pay them £29.30/month. No calls recently.
          1 OCT 2012: Letter from Apex saying that they haven't received any minimum payments from me and they want me to pay them £29.30/month. No calls recently.
          23 OCT 2012: Letter from Apex for 'Notice of Sums in Arrears'.
          23 NOV 2012: Letter from Apex for 'Notice of Sums in Arrears'.
          21 DEC 2012: Letter from Apex 'Default Notice served in accordance with Section 87 (1) of the CCA 1974'. Advised to ignore.
          16 JAN 2013: Letter from Apex 'Your agreement is terminated'.
          2 APR 2013: Letter from Apex saying that they haven't received any minimum payments from me and they want me to pay them £29.30/month.
          07 MAY 2015: Haven't heard from these guys since. This is still showing on my Credit Report and is showing as 'Account is 'default' - credit agreement has ended' and was last updated on 03/05/15.
          31 OCT 2015: Letter from Cabot Financial, 'We have been trying to contact you'.
          30 NOV 2015: Letter from Cabot Financial saying that they now own this debt and want regular payments.
          30 DEC 2015: Letter from Cabot Financial, 'We have not heard from you'.
          29 JAN 2016: Letter from Cabot Financial, 'Your next steps'.
          28 FEB 2016: Letter from Cabot Financial, 'A new approach'.
          19 MAR 2016: Letter from Cabot Financial, 'How can we help'.
          18 APR 2016: Letter from Cabot Financial, 'We are considering sending your account to an external debt collection agency'.
          18 MAY 2016: Letter from Cabot Financial, 'We need to transfer your account to an external debt collection company in seven days'.
          20 JULY 2016: Letter from Cabot Financial, 'We own your account and are prepared to reduce the balance in order to help you become free of this debt sooner'.
          19 AUG 2016: Letter from Cabot Financial, 'Improve your credit file by repaying this debt'.
          19 SEPT 2016: Letter from Cabot Financial, 'Improve your credit file by repaying your account'.
          07 OCT 2016: Letter from Cabot Financial, 'Take steps to repairing your credit file'.
          07 JAN 2017: Letter from Cabot Financial, 'You need to make a new plan'.
          24 JAN 2017: Letter from Cabot Financial, 'Working within your budget'.
          18 FEB 2017: Letter from Cabot Financial, 'Tell us your budget, save £50'.
          07 APR 2017: Letter from Fidelite Credit Management, 'We are acting on behalf of Cabot Financial and have been instructed by them to assist in collecting the outstanding balance on this account. Failure to contact us within 7 days will lead to a personal visit being made by one of our representatives to your home'.
          01 MAY 2017: Just checked ClearScore and this debt is not on my credit report any longer.
          10 MAY 2017: A cold call doorstep note from Resolvecall, 'I called today for the first time regarding your account'.
          Last edited by StressHead; 20 May 2017, 22:28.
          Debt as of Feb 2011 - £69,121 (and ever increasing due to charges/interest) across 6 credit cards, 2 loans and an overdraft.
          May 2011 - In limbo £10,570. Enforceable £8,987. Unenforceable £33,885. Written off £15,679.
          Jan 2012 - In limbo £10,570. Enforceable £8,987 (all settled or paid off apart from £1,600). Unenforceable £33,885. Written off £15,679.

          Comment


          • #6
            MINT Credit Card

            MINT/RBS - ENFORCEABLE
            Date commenced: July 2005
            Approx balance: £1,552.93
            Date last paid in full: ?
            Other info: Partial payment paid by DMP, last one in Feb 2011. No payments being made now.
            Status: Defaulted Nov 2008. No Default Notice received.
            Account Owner: Letters to me were from Wescot. Account is now with Cabot Financial (UK) Ltd.

            12 MAY 2010: Letter from DMP Company to Royal Bank of Scotland (MINT) requesting CCA.
            3 JUNE 2010: CCA received from MINT to DMP Company.
            9 FEB 2011: First letter requesting CCA sent to Wescot.
            14 FEB 2011: Letter from Wescot saying that I need to request CCA from RBS.
            17 FEB 2011: First letter requesting CCA sent to RBS.
            9 MARCH 2011: End of 14 working days and no further response.
            8 MARCH 2011: Dated 08.03.11 but received 12.03.11. CCA received from MINT.
            1 APRIL 2011: Copy of CCA sent to Niddy.
            4 APRIL 2011: Niddy has confirmed that this is . I'm going to try and blag it for a while though.
            4 APRIL 2011: CCA Query - Missing Prescribed Terms letter sent to RBS.
            07 APRIL 2011: Scribbled note from RBS on a compliments slip saying 'Please provide your clients 16 digit credit card number, we will then deal with accordingly. Many thanks'. I did quote their reference number on my letter but they've returned my letter to me along with the scribbled note with 'unable to trace' written on the top of the letter.
            06 MAY 2011: Letter from Moorcroft 'We are agents of MINT (formerly RBS Advanta). Their records show account has balance of £1552.93. They have asked us to contact account holder to discuss the account and we were provided this address by a credit reference agency that supply us with address links based on information held. Please contact us to confirm the position and so we can make the appropiate (this is actually how they've spelt it! DUH!!) arrangements'.
            26 MAY 2011: Letter from Moorcroft 'Possible Litigation'. Total debt if judgment is obtained... blah blah blah.
            13 JUNE 2011: Letter from Moorcroft with Monthly Instalment Offer of £100. As we have not received any communication from you with regards to your outstanding account, we feel that you may not be in a position to meet our requests to clear the account in full. In order to stop our recommending to our clients that solicitors commence legal proceedings we are prepared to accept payments of £100 a month. Niddy says to ignore for now as they'll be a settlement offer to follow.
            27 JUNE 2011: Letter from Midas Credit Services 'Litigation Warning'. We are part of the Moorcroft Group blah blah blah
            7 JULY 2011: Threat by Creditor To Commence Litigation Letter sent to Moorcroft.
            11 JULY 2011: Letter from Moorcroft '...passed to our Home Collections Division for action.... discounted settlement figure.... A reduction of up to 25%... greater discounts may be available to you and can vary dependant on circumstances... paying the agreed settlement figure over a 3 month period. This offer is available for 7 days'.
            14 JULY 2011: Niddy advised to call and offer a maximum F&F of £500. I only went to £450 as the man was being an arse. He said no, offered 25% discount initially but extended it to 35%. I said that it was £450 or £1/month for 125 years. He asked me to send him my SOA and he has made a note of my offer. I've been advised to ignore this request.
            11 JULY 2011: Letter from Moorcroft 'Thank you for your recent communication... please request a copy of the CCA along with £1 fee. If you're unhappy with the info provided please contact us by return'. Niddy says ignore.
            31 AUG 2011: Letter from Moorcroft saying that they can offer me a 'substantial discount from the outstanding balance. If you are able to pay an acceptable lump sum within the next 14 days we will not pursue the remaining balance of the debt.
            5 SEPT 2011: After seeking advice from Niddy, I've called Moorcroft and offered them a F&F of £450. They've said that their best offer remains at £1164.69 unless I can complete a SOA with them over the phone in which case they can go back to their client and ask them for their minimum figure. I said no (because Niddy advised me to) and asked them to send the offer in writing.
            5 SEPT 2011: Letter from Moorcroft with their offer in writing.
            17 NOV 2011: Letter from Regal Credit Consultants '...instructed by our client to request the immediate settlement of the above liability.... outstanding amount in full...'
            1 DEC 2011: Full & Final Payment Offer Letter of £450 sent to Regal.
            5 DEC 2011: Letter from Regal Credit Consultants '...as we haven't been notified of any reason for non-payment we request that the account be settled in full...'.
            9 DEC 2011: Letter from Regal Credit Consultants 'We are prepared to accept a F&F of £1170 to clear your liability of the above outstanding liability on the condition this is received by 30/12/11. The entry for the account will appear as 'Partially Satisfied'...'. Niddy advises to leave this and see what they send next.
            9 JAN 2012: Letter from Regal Credit Consultants 'Your account has been passed to this team in view of the above amount remaining overdue... we shall be making a recommendation to our client that legal action is commenced in 7 days without further notice. The account may be escalated for one of the two following actions to take place - Issue a claim form through County Court - will be passed to our Field Collectors'.
            23 JAN 2012: Full & Final Payment Offer Letter of £450 sent to Regal again.
            26 JAN 2012: Letter from Regal Credit Consultants '...in receipt of your settlement offer, however in order for us to submit the offer to our client we require further details of your financial situation. Please find enclosed a financial analysis form which needs to be completed and returned...'.
            30 JAN 2012: Letter from ScotCall - Doorstep Collection Notice.
            12 MAR 2012: Letter from ScotCall - Pre-Visit Notice.
            16 MAR 2012: Harassment & Threat of Doorstep Visit Letter sent to ScotCall.
            20 MAR 2012: Letter from ScotCall - Revoke Licence Letter (I write in response to your recent correspondence. The case you have referred to is not applicable to your circumstances. As part of the credit agreement that you signed and entered into, you agreed to repay the full outstanding balance and that where necessary, the creditor could recover the debt by outsourcing the debt to a third party, which included by way of doorstep collection. Therefore the license you state that has been revoked is irrelevant, which for the avoidance of doubt we do not agree to, is not binding on us as it does not fulfill the relevant principles of contract law. We are entitled by law and under contract to recover monies outstanding and we are allowed to take reasonable steps in accordance with regulatory guidance to recover such monies).
            05 APRIL 2012: Letter from ScotCall 'Despite being offered numerous opportunities to resolve this matter we note that no proposal for the repayment of this debt has been received. blah blah blah'.
            26 APRIL 2012: Account closed with ScotCall and passed back to RBS.
            19 NOV 2014: Removed from Credit Report!
            27 MAY 2016: Letter from RBS, 'Your account has been sold to Cabot Financial (UK) Ltd.'.
            27 MAY 2016: Letter from Cabot Financial (UK) Ltd., 'We have bought your account'.
            08 JUNE 2016: Letter from Cabot Financial (UK) Ltd., 'Your balance is still oustanding'.
            18 JULY 2016: Letter from Cabot Financial (UK) Ltd., 'We have previously explained that there are several options available and want to help you find the most suitable solution'.
            18 AUG 2016: Letter from Cabot Financial (UK) Ltd., 'We are prepared to reduce the balance in order to help you become free of this debt...'.
            17 SEPT 2016: Letter from Cabot Financial (UK) Ltd., 'We have been unable to gain your commitment to repay your debt'.
            21 SEPT 2016: Letter from Cabot Financial (UK) Ltd., Statement of Account
            17 OCT 2016: Letter from Cabot Financial (UK) Ltd., 'Please contact us as soon as possible'.
            16 NOV 2016: Letter from Cabot Financial (UK) Ltd., 'Give our payment plans a try'.
            29 JAN 2017: Letter from Cabot Financial (UK) Ltd., 'Take positive steps to repaying'.
            24 FEB 2017: Letter from Cabot Financial (UK) Ltd., 'We'd like to help you clear your account'.
            27 MAR 2017: Letter from Cabot Financial (UK) Ltd., 'Start on your journey to repaying this account. Fill out a budget form'.
            26 APR 2017: Letter from Cabot Financial (UK) Ltd., 'A new approach'.
            Last edited by StressHead; 18 May 2017, 14:23.
            Debt as of Feb 2011 - £69,121 (and ever increasing due to charges/interest) across 6 credit cards, 2 loans and an overdraft.
            May 2011 - In limbo £10,570. Enforceable £8,987. Unenforceable £33,885. Written off £15,679.
            Jan 2012 - In limbo £10,570. Enforceable £8,987 (all settled or paid off apart from £1,600). Unenforceable £33,885. Written off £15,679.

            Comment


            • #7
              CAPITAL ONE Credit Card

              CAPITAL ONE - UNENFORCEABLE
              Date commenced: March 2003
              Approx balance: £3,550
              Date last paid in full: ?
              Other info: Partial payment paid by DMP, last one in Feb 2011. No payments being made now.
              Status: Defaulted Oct 2008. No Default Notice received.
              Account Owner: Letters to me were from Scotcall. Account is still with CAPITAL ONE.

              06 JULY 2010: CCA received from Capital One to DMP Company. Letter from Capital One states ‘As we have complied with out obligation under S78, we will not be entering into further correspondence regarding the provision of copy agreements. Ms.X’s agreement is enforceable and we will continue to treat it as such’.
              9 FEB 2011: First letter requesting CCA sent to Scotcall.
              10 FEB 2011: Letter from Scotcall saying that I need to request CCA from their client, Credit Solutions.
              15 FEB 2011: First letter requesting CCA sent to Credit Solutions.
              23 FEB 2011: Letter from Credit Solutions saying that I need to request CCA from Capital One.
              23 FEB 2011: First letter requesting CCA sent to Capital One. 14 days will be up on 15/03/11.
              23 MAR 2011: Letter from Capital One with an attached cheque for £1 saying if I have any questions then to call them. Really confused as to why they've sent this to me? Niddy's advised to ignore for now as they're in breach of CCA request.
              04 APRIL 2011: Letter from Cap One saying that I must contact them to arrange payment plan as I am no longer dealing with my DMP Company. Ignoring this.
              04 APRIL 2011: Letter from Cap One saying that CCA was sent to DMP. Have scanned Cap One CCA from DMP and sent to Niddy.
              26 APRIL 2011: Letter from CapQuest saying that my account has been referred to them to manage all matters relating to collection which may include personal visits from DCA or possible litigation. Contact must be made by 5th May otherwise account will be passed to HL Legal Solicitors.
              05 MAY 2011: Threat of Legal Action & Refusal of Doorstep Visit letter sent to CapQuest.
              05 MAY 2011: Niddy says as the CCA is a recon. CCA Query - Missing Prescribed Terms letter sent to Capital One.
              09 MAY 2011: Letter from CapQuest saying 'prior to start of legal proceedings various checks and validations are undertaken. It has been established that there are no outstanding CCJ's registered against you at the above address.... blah blah... we can offer many repayment methods which may include possible settlements...blah blah... No contact by 20 May 11 will result in your account moving forward to litigation'. Niddy says to ignore.
              11 MAY 2011: Letter from Capital One. Niddy says to ignore.
              17 MAY 2011: Letter from CapQuest saying that they were unaware of any existing query and therefore they are closing the account on their system.
              27 OCT 2011: Letter from Fredrickson Internation Ltd. 'We have been instructed by Capital One to collect the outstanding balance'. blah blah blah
              8 NOV 2011: Letter from Fredrickson International Ltd. Letter before action. blah blah blah
              27 OCT 2011 - 12 NOV 2011: Five voicemails and 7 text messages from Fredrickson to call them urgently. I've been away hence I've only just updated this.
              14 NOV 2011: Account sold while in dispute letter sent to Fredrickson International.
              22 NOV 2011: Letter from Fredrickson International, case had been referred back to client.
              24 NOV 2011 (received 05/12/11) : Letter from Capital One. '..we note that you claim that we have failed to achnowledge your request for the CCA under S78 of the C.C.A. 1974. To clarify, we first received a S78 request from Grass Roots Financial....we have previously provided GRF with a copy of your defaulted T's&C's and a reconstituted copy of your original agreement; together with a scanned copy of the signature page of your original agreement. They were also provided with a statement of your account. Therefore we have fully complied with the requirements of S78. To assist you I have enclosed a copy of the documents sent to GRF. As we have complied with our obligation under S78, we will not be entering into any futher correspondence regarding te provision of copy agreements. Your agreement is enforceable and we will continue to treat it as such'. And so their letter continues.... there are quite a few pages! Let me know if you need me to send these over to you to look at. Thanks again (as always!).
              2 DEC 2011: Letter from Capital One '...it's going to take us a little while to look into your situation and come back with a detailed response...'. I don't understand why I've received this letter after their letter on 24/11/11. Niddy advises to leave this and see what they send next.
              19 MAR 2012: Letter from Fredrickson International '...been in contact with you regarding an outstanding debt with our client. You informed us that you believed the information in respect to this debt was incorrect. We provided details of your dispute to our client and have now received a response from them which indicates that the debt details are correct'. Ignored!
              27 MAR 2012: Letter from Bryan Carter Solicitors '...payment must be made within 14 days blah blah blah'. Ignored!
              10 APRIL 2012: Letter from Fredrickson International 'Despite contact from Bryan Carter Solicitors you have failed to discharge your debt. We are prepared to offer you one final opportunity to pay before recommending to our client that they instruct solicitors to issue a claim.... blah blah blah'.
              6 OCT 2014: Removed from Credit Report!
              Last edited by StressHead; 7 May 2015, 12:44.
              Debt as of Feb 2011 - £69,121 (and ever increasing due to charges/interest) across 6 credit cards, 2 loans and an overdraft.
              May 2011 - In limbo £10,570. Enforceable £8,987. Unenforceable £33,885. Written off £15,679.
              Jan 2012 - In limbo £10,570. Enforceable £8,987 (all settled or paid off apart from £1,600). Unenforceable £33,885. Written off £15,679.

              Comment


              • #8
                EGG Credit Card

                EGG - UNENFORCEABLE - WRITTEN OFF IN MAY 2011!
                Date commenced: Nov 2002
                Approx balance: £5,422
                Date last paid in full: ?
                Other info: Partial payment paid by DMP, last one in Feb 2011. No payments being made now.
                Status: Defaulted June 2008. Default Notice received from EGG Sept 2008.
                Account Owner: Letters to me were from red Debt Collection. Account is with Lowell.

                30 SEPT 2010: CCA received from EGG to DMP Company.
                9 FEB 2011: First letter requesting CCA sent to red Debt Collection.
                21 FEB 2011: Letter from Lowell saying that they have requested the CCA from EGG.
                1 MARCH 2011: End of 14 working days and no further response. Have checked recorded delivery code and letter was delivered on 10/02/11.
                1 MARCH 2011: Letter from Lowell saying that they haven't received CCA from EGG as yet. Still trying to retrieve it from archives. Account on hold.
                29 MARCH 2011: Letter from Lowell saying that after liasing with Egg, they have confirmed that it is no longer available due to the length of time since the account was opened. At this time we have closed our file and will not make any further contact with you concerning payment unless the copy agreement is received at some point in the future from Egg.
                06 APRIL 2011: Niddy says ! Yippee!
                06 MAY 2011: Letter from Lowell enclosing copy of original CCA. 'We look forward to your proposals for repayment within the next ten days'. Letter posted on 12.05.11.
                09 MAY 2011: Letter from Lowell 'After reviewing the account, we are prepared to take a commercial view in relation to this matter and as a gesture of good will and strictly without any admission of liability, we are prepared to close the account and write-off any outstanding balance. We trust that you will find this satisfactory and that this matter is now closed'.
                16 MAY 2011: £5,422 officially written off! This account has been closed. What a result! Thanks to everyone, especially Niddy, for their support and advice.
                23 MAY 2011: Text from Lowell asking me to call them urgently!
                23 MAY 2011: Received 28/05/11. Letter from Lowell regarding no contact from me.
                24 MAY 2011: Phone call (at 8am) from Lowell stating that I need to arrange a repayment plan. Informed them of my last letter. Lowell said that there would have been something in there regarding 'if they found the CCA'. So I happily read her the letter and she 'spoke to her supervisor' and then informed me that they'll pass it back to admin as the account has been closed.
                Last edited by StressHead; 14 November 2011, 16:40.
                Debt as of Feb 2011 - £69,121 (and ever increasing due to charges/interest) across 6 credit cards, 2 loans and an overdraft.
                May 2011 - In limbo £10,570. Enforceable £8,987. Unenforceable £33,885. Written off £15,679.
                Jan 2012 - In limbo £10,570. Enforceable £8,987 (all settled or paid off apart from £1,600). Unenforceable £33,885. Written off £15,679.

                Comment


                • #9
                  EGG Loan

                  EGG2 (Loan) - ENFORCEABLE
                  Date commenced: Sept 2006
                  Approx balance: £22,902
                  Date last paid in full: ?
                  Other info: Partial payment paid by DMP, last one in Feb 2011. No payments being made now.
                  Status: Defaulted Oct 2008. No Default Notice received.
                  Account Owner: Aktiv Kapital.

                  02 NOV 2010: Letter from Aktiv to me offering settlement figure of £5813.33.
                  22 NOV 2010: CCA received from EGG to DMP Company.
                  9 FEB 2011: First letter requesting CCA sent to Aktiv Kapital.
                  11 FEB 2011: CCA received from Aktiv Kapital.
                  6 MAR 2011: Copy of CCA sent to Niddy.
                  7 MAR 2011: Niddy's confirmed as under s.18. He has also advised me to reclaim the £8K of PPI which I was told I 'had to take out otherwise couldn't have the loan'. Have posted a thread in the Reclaiming section of forum.
                  8 MAR 2011: CCA Query - Missing Prescribed Terms Letter sent to Aktiv Kapital.
                  8 MAR 2011: SAR Request Letter sent to EGG.
                  14 MAR 2011: Letter from Aktiv acknowledging receipt of my letter.
                  16 MAR 2011: Letter from Aktiv stating that copy agreement previously sent represents legally binding contract therefore they have complied with CC Act 1974. As is readily apparent, this transaction was undertaken online and placing a tick in a box represents your signature. This is clearly stated in the form which is recognised by the OFT. Contrary to your assertions, this agreement is not unenforceable but in any event this would be a matter for the Courts to determine. For our part, proceedings are not contemplated since we are receiving payments from you via DMP Company. Haven't paid any monies to DMP for 2 months. Aktiv didn't send me my SAR or return my £10?
                  17 MAR 2011: Letter from EGG. Thank you for your recent request for a copy of phone calls/call transcripts. Please provide us with approximate dates, times and the nature of the calls. As part of the SAR, we will provide a copy of account notes which include call contact information.
                  23 MAR 2011: Letter from EGG. Thank you for recent request for an executed copy of a CA for XXXXXX with Egg Banking. We do not seem to have received the statutory fee of £1 from you for this request. Please send a cheque etc. I received the CCA on 11/02/11.
                  1 APRIL 2011: Letter to EGG responding to their letter from 17/03/11. Requesting hard copies of my full file. Will request transcripts in due course. Was advised by Niddy to check that PO had been cashed. Was cashed on 21/03/11.
                  MAY 2011: Received full file from EGG. Niddy says not to claim PPI back unless loan is deemed enforceable.
                  21 JUNE 2011: Phone call from Aktiv saying that I haven't replied to their letter from 16/03/11. I told them to put all correspondence in writing and to not call me.
                  22 JUNE 2011: Phone call from Aktiv saying that I haven't replied to their letter from 16/03/11. I told her that someone called me yesterday and I've asked for all correspondence to be made in writing. She asked me if I'd received the letter and I said no because I was put on the spot however after referring to my write up, I can see that I did get the letter. I told her that I didn't wish to receive any more phone calls from Aktiv as they're harassing me (I've had about 15 missed calls over the past week).
                  30 JUNE 2011: Letter from Aktiv with a copy of their letter from 16/03/11. Advised to ignore.
                  2 SEPT 2011: Letter from Aktiv with a 'new deal' of £16438.73, they pay £8851.63. Still ignoring but interestingly the outstanding balance has crept up to £25290.36!
                  27 OCT 2011: Letter from Aktiv with a 'new deal' of £14739.49, they pay £10894.41. Still ignoring. The outstanding balance has now crept up to £25633.90!
                  30 DEC 2011: Letter from Aktiv with a 'new deal' of £16885.34, they pay £9092.10. Still ignoring. The outstanding balance has now crept up to £25977.44!
                  19 JAN 2012: Letter from Aktiv with a 'new deal' of £15035.80, they pay £11113.41. Still ignoring. The outstanding balance has now crept up to £26149.21!
                  30 JAN 2012: Letter from Aktiv with a 'new deal' of £16996.99, they pay £9152.22. Still ignoring. The outstanding balance has now crept up to £26149.21!
                  8 FEB 2012: Voicemail from Aktiv.
                  9 FEB 2012: Voicemail from Aktiv.
                  17 FEB 2012: Letter from Aktiv with a 'new deal' of £15134.56, they pay £11,186.42. Still ignoring. The outstanding balance has now crept up to £26320.98
                  W/C 20 FEB 2012: Voicemails from Aktiv plus they've caught me a couple of times on the phone but I've hung up once they've told me who they are!
                  29 AUG 2012: Letter from Aktiv 'I refer to recent communications concerning the above account. Please find enclosed a copy of the Original Credit Agreement pertaining to the account. Please contact us within the next 14 days in order for us to discuss the matter further'. The outstanding balance has now crept up to £27297.94. Niddy has advised that due to other cases which have now taken a president, this debt is now enforceable. Advised to play the game for a while longer so sending the letter below.
                  10 OCT 2012: CCA Query - Missing Prescribed Terms Letter sent to Aktiv Kapital.
                  25 OCT 2012: Letter from Aktiv in response to my previous letter essentially saying that they've provided me with everything I've requested and the debt is enforceable.
                  2 JAN 2013: Final Response - Unenforceable (CCA Received) letter sent to Aktiv Kapital.
                  27 OCT 2014: Removed from Credit Report!
                  28 FEB 2017:Letter from PRA Group - Statement of account. Total is £22,807.95, single payment offer in full and final settlement of your account. Should you make the discounted settlement payment of £2,280.80; your credit file will be updated to show as 'partially settled'. In order for your credit reference file to be marked as 'satisfied', the full outstanding balance must be cleared.
                  Last edited by StressHead; 19 April 2017, 14:43.
                  Debt as of Feb 2011 - £69,121 (and ever increasing due to charges/interest) across 6 credit cards, 2 loans and an overdraft.
                  May 2011 - In limbo £10,570. Enforceable £8,987. Unenforceable £33,885. Written off £15,679.
                  Jan 2012 - In limbo £10,570. Enforceable £8,987 (all settled or paid off apart from £1,600). Unenforceable £33,885. Written off £15,679.

                  Comment


                  • #10
                    SANTANDER (GE MONEY) Loan

                    SANTANDER - PAID IN FULL NOVEMBER 2011!
                    Date commenced: Feb 2007
                    Approx balance: £5,225
                    Date last paid in full: Aug 2011
                    Other info: Full payment made in Aug 2011
                    Status: No default but several late payments throughout contract. Charged £25 for every late payment.
                    Account Owner: Santander

                    NOV 2010: Letter from DMP Company to GE Money requesting CCA.
                    NOV 2010: Letter from GE Money to DMP Co saying that they need to contact Santander.
                    19 NOV 2011: Letter from Santander to DMP Co saying that it is not possible to include this debt in with my DMP. When I spoke with Santander they informed me that the loan is a personal loan but that they were aware that it had been taken out to buy a car. If I was still in possession of the car (which I am), then I would be forced to sell it and give them the money. The remainder of the debt (as the car is worth less than what I still owe) could then go into the DMP. I can’t lose my car as I use it for work (travelling sales person) and the person I spoke to said that if I defaulted, I would probably lose my job as sales people can be credit checked by their employer?! Not very happy with this comment and it was said in such a caring helpful way! Anyway, I paid the outstanding monies over 3 months as well as the monthly payment and I am now up to date with the payments. A CCA hasn’t been received by either the DMP Co or me. I haven’t sent any further correspondence and I’m still making monthly payments.
                    4 MAR 2001: First letter requesting CCA sent to Santander. Will decide what to do with this debt upon receiving CCA.
                    9 MAR 2011: Letter from Santander stating that they responded to the original request for a CCA from DMP Company on 04/03/11. I have already written to DMP this week requesting full file so will wait and see what I receive back from them.
                    MARCH 2011: Full file received from DMP.
                    1 APRIL 2011: Copy of CCA sent to Niddy.
                    4 APRIL 2011: Niddy has confirmed that this is . As I am not behind on payments with this account, I am going to continue to pay this off.
                    20 MAY 2011: Letter from Santander saying that I'm behind on payments by £74.98. I was aware of this so I paid it on 27/05/11. Outstanding amount is now £3,575.80.
                    14 NOV 2011: Called for a settlement figure which came back at £1590.12. Thanks to not paying for a stupid DMP for the past 9 months since finding this wonderful site, I've now paid for my car in full!
                    First of enforceable debts paid!!
                    Last edited by StressHead; 14 November 2011, 16:44.
                    Debt as of Feb 2011 - £69,121 (and ever increasing due to charges/interest) across 6 credit cards, 2 loans and an overdraft.
                    May 2011 - In limbo £10,570. Enforceable £8,987. Unenforceable £33,885. Written off £15,679.
                    Jan 2012 - In limbo £10,570. Enforceable £8,987 (all settled or paid off apart from £1,600). Unenforceable £33,885. Written off £15,679.

                    Comment


                    • #11
                      BARCLAYS BANK Overdraft

                      BARCLAYS OVERDRAFT - ENFORCEABLE - F&F £500 - PAID IN DECEMBER 2011!
                      I know this isn't a credit card or loan but it's one of my debts so I have included it in my Debt Diary.

                      Approx balance: £2,153
                      Other info: Partial payment paid by DMP, last one in Feb 2011. No payments being made now.
                      Status: Defaulted June 2009. No Default Notice received.
                      Account Owner: Letters from Central Debt Collections Services. Still with Barclays Bank.

                      23 FEB 2011: Letter from me to CDCS saying that I am no longer dealing with DMP Company and that I would like to continue paying them the token payment each month. I have already claimed back charges on this account. I presume that I will have to pay this back in full as it is an overdraft.
                      1 MAR 2011: Letter from CDCS accepting monthly token payment of £6.24. Niddy says to not pay for now so will ignore for now.
                      11 APR 2011: Letter from CDCS. You have failed to keep to the agreed monthly repayment arrangement. Have ignored.
                      26 APR 2011: Letter from CDCS. FINAL NOTICE. Unless full settlement is made immediately your account will be placed in the hands of a professional debt collection agency for recovery of the full outstanding balance.
                      5 MAY 2011: Advised by Niddy to start repaying the original £6.24/month. Called CDCS to get details for standing order and inform them that I cannot pay the full amount in one go. They're happy for me to pay £6.24/month and it will be reviewed every 6 months. They informed me that the total owing is £2001.70 but that they would accept a F&F of £1100 (55% of original amount) and that the account would then show as settled in full. This F&F figure will be valid for 3 months. I have set up a SO for £6.24/month.
                      14 NOV 2011: 6 month review call from CDCS. Balance is now £1964.26. I offered a F&F of £400, they said that the minimum they can accept is £750. I said I couldn't afford that so I'll continue to make the monthly payments.
                      22 NOV 2011: Letter to CDCS offering them a F&F of £500.
                      12 DEC 2011: Call from CDCS saying that they will accept a F&F of £500. I have asked for the F&F in writing and Niddy's advised me to PM him once I receive it at which point he'll compose a legally sound document which means that they cannot resell the debt at a later debt.
                      13 DEC 2011: Letter from CDCS 'We are prepared, without prejudice, to accept £500 in full and final settlement of the debt, provided that the payment is made by the 28th December 2011. Upon receipt of cleared funds we will inform the Credit Reference Agencies accordingly'.
                      20 DEC 2011: F&F of £500 paid today! Job done!!
                      28 DEC 2011: Letter from CDCS confirming that the debt is now satisfied.
                      Last edited by StressHead; 12 February 2012, 09:37.
                      Debt as of Feb 2011 - £69,121 (and ever increasing due to charges/interest) across 6 credit cards, 2 loans and an overdraft.
                      May 2011 - In limbo £10,570. Enforceable £8,987. Unenforceable £33,885. Written off £15,679.
                      Jan 2012 - In limbo £10,570. Enforceable £8,987 (all settled or paid off apart from £1,600). Unenforceable £33,885. Written off £15,679.

                      Comment


                      • #12
                        Hope I've done all of the above correctly!?

                        Hey,
                        I hope that I've done the above correctly. It's very scary seeing it all in black and white, no wonder I'm not sleeping! Any help would be greatly apprciated.
                        Thank you in advance...
                        Last edited by StressHead; 3 March 2011, 15:13.
                        Debt as of Feb 2011 - £69,121 (and ever increasing due to charges/interest) across 6 credit cards, 2 loans and an overdraft.
                        May 2011 - In limbo £10,570. Enforceable £8,987. Unenforceable £33,885. Written off £15,679.
                        Jan 2012 - In limbo £10,570. Enforceable £8,987 (all settled or paid off apart from £1,600). Unenforceable £33,885. Written off £15,679.

                        Comment


                        • #13
                          Re: StressHead's UE Diary

                          Originally posted by StressHead View Post
                          Here’s a bit of background. I started typing an essay on all the negative things which have happened to me to get me to this point but it’s too personal to go into detail. Suffice to say that it includes failed relationships with financial implications and many emotional issues which I have been dealing with for over 11 years. However, I’m somehow still here to tell the tale and I no longer wish the past to be my story. Life is good and it’s time to write a new, happier story and it’s definitely time to address the debt which has been sitting on my shoulders for so long and causing me so much upset and stress.

                          I joined a DMP Company in February 2009 thinking that this would address my debt matters and in November 2010 I gave the same company permission to file claims on my debts. I was finally getting my head out of the sand! However having met my wonderful boyfriend who has been in a similar position, he advised me to look into it again. With the DMP, it would have taken me 23 years to pay back the debt. As for the claims, any account they had deemed as unenforceable, I would then have been liable to pay them 30% of what they had written off… OUCH!

                          As of Feb 2011, I am no longer with the DMP/ Claims Company and I requested a copy of my full file from them. Then I found this site… I’m hoping that with your help, today will be the start of getting back on my feet financially. I’m not always as positive as I sound in this blurb and the stress of this debt has certainly a toll on my health.

                          I have no assets apart from a car which I still owe money on (please see SANTANDER post below).

                          Key


                          Sent
                          Received
                          Other Information
                          Hiya & Welcome

                          Ok, first things first - please confirm the name of these scum bastards that stole your money - we'll try and get that back for you (if they are still in existence).....

                          You say you requested your full file, was this a SAR in line with s.7 DPA1998 (+ the £10 processing fee)? Please clarify....

                          As for the car, more on this within your santander post ok?
                          I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                          If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                          Comment


                          • #14
                            Re: StressHead's UE Diary

                            I was informed (not on here but elsewhere) that you send a CCA Request which they have 12 days + 2 days (post) to reply to. If you haven't heard from them by working day 14, then you send them a second letter which gives them 30 days to get back to you. It was also my understanding that if they could produce a CCA, then it was 100% enforceable. I've done SO much homework on this and I get told something different everytime the music stops... so frustrated! If it wasn't 14:47, I'd have a glass of wine to chill me out! ha ha I just feel like such an idiot because to date every person I thought was trying to help me, has just managed to get more money out of me and for what... bad advice which only benefits them. I must be a really bad judge of character. Really need to do some work but can't find the motivation to even get dressed now a days... grrr. Need to snap out of this mind set but it's easier said than done. Life seems like an emotional rollercoaster at the moment. Thank you for your support. Much appreciated.
                            Debt as of Feb 2011 - £69,121 (and ever increasing due to charges/interest) across 6 credit cards, 2 loans and an overdraft.
                            May 2011 - In limbo £10,570. Enforceable £8,987. Unenforceable £33,885. Written off £15,679.
                            Jan 2012 - In limbo £10,570. Enforceable £8,987 (all settled or paid off apart from £1,600). Unenforceable £33,885. Written off £15,679.

                            Comment


                            • #15
                              Re: MBNA Credit Card

                              Niddy - I've put the lender name in the Re: Box... sorry, should I have put this somewhere else. I thought the Re: was the top line....? Please advise. Thank you.
                              Debt as of Feb 2011 - £69,121 (and ever increasing due to charges/interest) across 6 credit cards, 2 loans and an overdraft.
                              May 2011 - In limbo £10,570. Enforceable £8,987. Unenforceable £33,885. Written off £15,679.
                              Jan 2012 - In limbo £10,570. Enforceable £8,987 (all settled or paid off apart from £1,600). Unenforceable £33,885. Written off £15,679.

                              Comment

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