Fightinghard's Diary

[fightinghard]

Re: Fightinghard's Diary

Type of account: Halifax Clarity Credit Card
Date commenced: - June 2011
Approx. balance: - £1400
Date of last Full payment: - March 2013
Current Arrangement: - No payment made since May 2015 (Self-managed DMP before that from May 2013)
Status: - Not defaulted
Account owner: - Still with OC

22 June 2015 -C.C.A Request (Section 78) using template letter sent with £1.00 P.O (and Proof of Posting)

[fightinghard]

Re: Fightinghard's Diary

Type of account: Halifax Bank Unsecured Loan
Date commenced: - April 2010
Approx. balance: - £4500
Date of last Full payment: - March 2013
Current Arrangement: - No payment made since May 2015 (Self-managed DMP before that from May 2013)
Status: - Defaulted-
Account owner: - Still with OC

22 June 2015 -C.C.A Request (Section 77) using template letter sent with £1.00 P.O (and Proof of Posting).

[fightinghard]

Re: Fightinghard's Diary

Type of account: Capital One Credit Card
Date commenced: - June 2002
Approx. balance: - £2800
Date of last Full payment: - March 2013
Current Arrangement: - No payment made since April 2015 (Self-managed DMP before that from May 2013)
Status: - Defaulted
Account owner: - Still with OC.

16 March 2015 - C.C.A. Request (Section 78) sent to Cap1.
2 April 2015 - Recon. Documents (Photocopied Part of Application Form with Sigs. and T & C's received from Cap.1)
22 April 2015 - Documents uploaded via secure thread
29 April 2015 - Niddy feels that what was supplied appears ENFORCABLE although it does depend on whether or not the PT's and T&C's supplied under CCA request were present at inception.
18 May 2015- Template Application Form Letter sent to Cap1.
27 May 2015- Response from Cap1 advising they have complied with Section 78 and they consider the account enforceable.
3 June 2015- Response uploaded via secure thread
4 June 2015 - Niddy says it's a standard response and his 29 April view remains unchanged.
9 June 2015 - Letter (along with statement of account) from Cap1 requesting missing May payment within 7 days or debt may be passed to DCA or a debt purchaser.
LETTER IGNORED

Although Niddy feels this is ENFORCEABLE I have decided to try the UE route (being as this is a pre. 2007 agreement) but should this look like proving unsuccessful at the end of the day then will try and negotiate a reasonable F & F settlement.


As a matter of interest, while searching though the few financial papers I have retained over the years I discovered (among a long settled non-related debt paperwork!!!) two Monthly Credit Card Statements of this account from Cap1. dated Oct. and Nov. 2003 both showing P.P.I payments along with a letter from Cap1 dated August 2007 confirming that they have cancelled P.P.I as I requested. I had totally forgotten this account incorporated PPI and apparently for a period of some 5 years. I cannot recall whether I requested PPI at inception (unlikely) or whether it was one of those pre-ticked box affairs or something similar which I just accepted without question at the time. Unfortunately the photocopied part Application Form which came under the CCA request has nothing in it to clarify things.

Obviously there seems no point in making a PPI element claim at this stage as I am looking for total UE but I wonder whether I should SAR Cap1.to try and ascertain what agreements were reached originally in this respect. (I have in mind the Multiple Agreement aspect outlined by Niddy in his Guide to UE thread).

Advice in relation to this would be very much appreciated.

[fightinghard]

http://forums.all-about-debt.co.uk/s...NE-CREDIT-CARD


Linked from original Thread

I have opened this thread as a Diary as there are now 5 Debts being considered rather than the original one debt although 4 of these debts are post 2007 so probably UE will not be in the frame. A lot of blagging therefore hopefully to reach SB but if things get too heavy before then, well a reasonable F&F settlement in each case would be good.