StressHead's UE Diary

[Deepie]

Re: CAPITAL ONE Credit Card

Please see entry for today with all info. Thank you!

I Would send them this > Final Response - Unenforceability (CCA Received)

[StressHead]

Re: CAPITAL ONE Credit Card

CAPITAL ONE - UNENFORCEABLE AT PRESENT
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.

Hey guys... I haven't done anything yet in response to the letter on 24/11/11... any advice? Many thanks

[StressHead]

Re: BARCLAYS BANK Overdraft

BARCLAYS BANK ACCOUNT OVERDRAFT
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 at which point I will pay it.

Another bloody great response!!! Thank you all! x

[StressHead]

Re: 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 still with MINT.

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'...'.

Please advise what I should do next with this bunch of idiots!! Thank you!

[Never-In-Doubt]

Re: CAPITAL ONE Credit Card

Hey guys... I haven't done anything yet in response to the letter on 24/11/11... any advice? Many thanks

Sit it out. Just wait - see what they send next

[Never-In-Doubt]

Re: BARCLAYS BANK Overdraft

Another bloody great response!!! Thank you all! x

No!! Do not just pay it.

Great result though

When they write, pm me and I'll sort you a legally sound template that stops them reselling it in the future.

[Never-In-Doubt]

Re: MINT Credit Card

Please advise what I should do next with this bunch of idiots!! Thank you!

Wait until the new year..... See what they come back with...

[StressHead]

Re: BARCLAYS BANK Overdraft

No!! Do not just pay it.

Great result though

When they write, pm me and I'll sort you a legally sound template that stops them reselling it in the future.

Ooooh. I thought that if they agreed to a F&F in writing then that was the end of it?! Buggers arent they! Thanks for this.

[PlanB]

Re: BARCLAYS BANK Overdraft

Another bloody great response!!! Thank you all! x

I've just read that chain of events. You'd make a great poker player

[StressHead]

Re: BARCLAYS BANK Overdraft

BARCLAYS BANK ACCOUNT OVERDRAFT
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'. Is this ok to pay or do I need to send them a letter? [/QUOTE]

So excited about this offer... can't wait to get another debt sorted!

[garlok]

Re: StressHead's UE Diary

Hi Stresshead,

Thats excellent news, well done! However as always be careful about any sting in the tail. Does as Niddy has suggested, scan that letter up into the secure section and PM him. He has offered to write a covering letter to ensure that you will not be pursued for the balances at a later date.

The wording is crucial and I would be careful of the wordings used in that letter e.g. "without prejudice" which means you can't use it in evidence in any later court actions etc.

However follow the advice and you will be fine.

regards
Garlok

[StressHead]

Re: 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 still with MINT.

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'. Any advice Niddy? Please & thanks.

[MrsD]

Re: StressHead's UE Diary

personally since its January, and they will be desparate to get some money in, I'd resend the F&F offer of 450 and see what happens then...............

[garlok]

Re: StressHead's UE Diary

I think they all work to a flowchart script and after a specific number of days the procedure tells them in a Stephen Hawking voice what to do next, "Yes Master" and no matter what you send it will make no difference as they have been programmed not to read.

regards
Garlok

[StressHead]

Re: StressHead's UE Diary

I'm just concerned because this is an enforceable debt. I know they don't bother to read anything I send. I'll wait for now and see if Niddy chips in although it seems he's been very busy with the new site. It's brill!! Have you guys seen it?