Tweet
Hello all
A while ago I saw on the internet that for several reasons some pre 2007 C.C.A. agreements may be unenforceable and as I have a 2002 Credit Card agreement with Capital One which is in default I became intrigued so investigated further and came across this forum. The postings and subsequent, clearly set out,advice responses therein appealed to my totally non legal orientated brain so I decided to register and see if I could get some advice for my situation which is as follows:-
I had continued working after reaching retirement age and was able to service satisfactorily a Bank loan with Halifax Bank (due to be paid off in June 2015) along with Credit cards with Halifax, Capital One and Vanquis until unexpected illness necessitated my leaving work in 2011. I managed,( probably rather stupidly with hindsight), to continue servicing these agreements by virtue of robbing Peter to pay Paul until early 2013 when I found I could no longer meet my commitments so I completed an Income/Expenditure statement, ascertained my disposable income and asked my creditors to accept reduced payments on a pro-rata basis. i.e. a self managed DMP. Each creditor accepted my offers subject to 6 monthly reviews but the Halifax Bank Loan and the Capital One Credit Card issued Default Notices although Halifax Credit Card did not while Vanquis registered A.P. on my credit file.
Each of these agreements relating to the above mentioned creditors were post 2007 with the exception of the Capital One Credit Card which I took out in June 2002 and details of which are as follows:
Type of account: Capital One Credit Card
Date commenced:- June 2002
Approx balance:- £2800
Date of last Full payment :- March 2013
Current Arrangement:- Self- Managed D.M.P- £50 p.month
Status:- Default but D.M.P up to date
Account owner:- No chasing letters- only contact since 2013 has been 6 monthly letter from Cap1 to review arrangements- I have ignored these and just continued making original agreed D.M.P. payments.
Following the advice in the Forum I submitted a C.C.A. request to Cap1 under S78 of the Consumer Credit Act 1974 and have now received from them some reconstituted documentation which Cap1 purports to be all hunky dory and watertight as far as they are concerned. However it would be nice to have a knowledgeable independent assessment in this matter so I have taken the liberty of using the Online Portal to upload the documents which I received.
I hope I have followed the correct steps here, if I haven't I sincerely apologise to all concerned.
A while ago I saw on the internet that for several reasons some pre 2007 C.C.A. agreements may be unenforceable and as I have a 2002 Credit Card agreement with Capital One which is in default I became intrigued so investigated further and came across this forum. The postings and subsequent, clearly set out,advice responses therein appealed to my totally non legal orientated brain so I decided to register and see if I could get some advice for my situation which is as follows:-
I had continued working after reaching retirement age and was able to service satisfactorily a Bank loan with Halifax Bank (due to be paid off in June 2015) along with Credit cards with Halifax, Capital One and Vanquis until unexpected illness necessitated my leaving work in 2011. I managed,( probably rather stupidly with hindsight), to continue servicing these agreements by virtue of robbing Peter to pay Paul until early 2013 when I found I could no longer meet my commitments so I completed an Income/Expenditure statement, ascertained my disposable income and asked my creditors to accept reduced payments on a pro-rata basis. i.e. a self managed DMP. Each creditor accepted my offers subject to 6 monthly reviews but the Halifax Bank Loan and the Capital One Credit Card issued Default Notices although Halifax Credit Card did not while Vanquis registered A.P. on my credit file.
Each of these agreements relating to the above mentioned creditors were post 2007 with the exception of the Capital One Credit Card which I took out in June 2002 and details of which are as follows:
Type of account: Capital One Credit Card
Date commenced:- June 2002
Approx balance:- £2800
Date of last Full payment :- March 2013
Current Arrangement:- Self- Managed D.M.P- £50 p.month
Status:- Default but D.M.P up to date
Account owner:- No chasing letters- only contact since 2013 has been 6 monthly letter from Cap1 to review arrangements- I have ignored these and just continued making original agreed D.M.P. payments.
Following the advice in the Forum I submitted a C.C.A. request to Cap1 under S78 of the Consumer Credit Act 1974 and have now received from them some reconstituted documentation which Cap1 purports to be all hunky dory and watertight as far as they are concerned. However it would be nice to have a knowledgeable independent assessment in this matter so I have taken the liberty of using the Online Portal to upload the documents which I received.
I hope I have followed the correct steps here, if I haven't I sincerely apologise to all concerned.
Comment