Fightinghard's Diary

[fightinghard]

Re: Fightinghard's Diary

So, your DN is bad. It's not a formal demand in line with s.87 (1) which also helps but don't tell the creditor

Keep me updated - if I miss a post which you need a response with then please PM me to alert me

Thank you Niddy -

I felt it wasn't right from what I have gathered by reading through the Diaries on here and by also ploughing through the C.C.A.1974 and the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983.-(Schedule 2,) I am most certainly NOT going to let on though - in this case faulty is good..!!

I will keep you updated as and when anything further happens.
Thanks again

[Never-In-Doubt]

Re: Fightinghard's Diary

So, your DN is bad. It's not a formal demand in line with s.87 (1) which also helps but don't tell the creditor

Keep me updated - if I miss a post which you need a response with then please PM me to alert me

[The Tech Clerk]

Re: Fightinghard's Diary

RED/Hampton/Lowell - Support Group

diary there if you could pls as well!! capital one mostly you can then see how they operate also others in the same situation!?? just for reference:-

[fightinghard]

Re: Fightinghard's Diary

ype 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. (collection to be handled by Apex w.e.f. 21/7/15)

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.
3 July 2015 - further letter from Cap1 again requesting missing May payment with same threats as before-IGNORED. (June instalment well overdue now too)
21 July2015 - letter from Cap 1 advising they have instructed Apex Credit Management to act on their behalf to arrange repayment and that Apex will be in touch with me shortly
22 July 2015 - phone call from Apex- told caller to deal with me in writing only (so guess letter will follow soon)
3 August 2015 - Introductory letter received from Apex Credit Management.
10 August 2015 - Letter from Apex advising me they want to help me take some positive steps towards paying my balance and to contact them within 7 days.
11 August 2015 - Responding with SWID letter (as suggested previously by Mrs.D, NightWatch, and Pixie and to each of whom I give thanks for their guidance) N.B. Letter to be sent on 17 August 2015)
13 August 2015 - SAR sent
22 August 2015 - Further letter from Apex stressing need for me to contact them so they can help with the most suitable solution to help me in repaying.
22 August 2015 - SWID letter sent.(although a week later than originally intended)
05 Sept. 2015 - Letter from Apex (dated 01/09/15 and rather pleading for me to contact them to discuss my situation so they can help with proposals for affordable repayments otherwise they may begin to assess my account with a view to returning it to their client who could chose to pass it on to an alternative company to recover)
06 Sept 2015 - Letter to Apex instructing them to read and assimilate the contents of my SWID letter
09 Sept 2015 -Letter from Cap1 stating that they are unable to provide the docs. I requested in my SAR as my signature on letter of Authority I provided does not match their records and therefore asking that I resend my request with a copy of current driving licence and/or passport attached thereto. Letter states also that my £10 is being refunded separately and will need to be re-submitted with new request and only then will the 40 day time limit commence.
10 Sept 2015 - Template letter sent (kindly provided by Niddy & basically telling Cap1 they are out of order and must deal with my SAR request anyway).

[fightinghard]

Re: Fightinghard's Diary

Originally Posted by fightinghard
ype of account: CAPITAL ONE CREDIT CARD

09 Sept 2015 -Letter from Cap1 stating that they are unable to provide the docs. I requested in my SAR as my signature on letter of Authority I provided does not match their records and therefore asking that I resend my request with a copy of current driving licence and/or passport attached thereto. Letter states also that my £10 is being refunded separately and will need to be re-submitted with new request and only then will the 40 day time limit commence.

I have seen elsewhere in the Forums suggested responses to situation such as this, in fact there was an observation somewhere by Niddy along the lines of signatures not being too relevant in these days of passwords etc. but sadly I now cant seem to find the relevant threads so perhaps one of you good people could point me in the right direction to assist me in composing a suitable response to this letter.
Any help will be much appreciated



Try not to get too concerned about fwil's thread - different circumstances so please check with us before doing anything.

Ok, there is no provision for anyone to sign anything - however what the creditor must do is ensure they are happy that you are the account owner asking for the data. As such I'd be prone to write back to Crappy1 with the attached customised template for your situation. At this stage do not do any complaints to the ICO/FCA - just send that - or wait till the cheque comes back and re-attach it with the original request and the letter attached above.

http://forums.all-about-debt.co.uk/f...%20SAR%202.doc

Good luck


Wow Niddy- thank you so much for such an awesome template letter.
In their letter, Crappy1 say that the £10 refund will be with me within 21 days so rather than drag things out till the cheque arrives the template letter is being posted to them today- I have updated my Cap1 thread accordingly.


Thank you so much again for this


BTW I did raise a query recently in my Cap1 secure thread re. their Default Notice, if you get a few minutes I would appreciate your sage advice thereon. Thanks
http://forums.all-about-debt.co.uk/showthread.php?17554-fightinghard-CAPITAL-ONE-Agreement-Upload

[fightinghard]

Re: Fightinghard's Diary

Type of account: Halifax Bank Unsecured Loan
310/8/15 - C.C.A. sent to Niddy
1/9/15 - Niddy says "quite simply as no signed page sent (which Creditor should hold if taken out in Branch) therefore as the paperwork sent to me is both undated and unsigned it technically has nothing to do with me hence advises that Missing PT's template letter should be sent.
1/9/15 - Missing PT's template letter (sent with proof of posting)


Well,well,well- so glad I listened to Pixie (post#48) and followed that advice- its amazing what hidden little treasures can lay under an apparently insignificant stone when its disturbed - Many thanks indeed



Hi - it's not Iredeemably UE (it CAN) be remedied and you have NO protection from s.127(3) CCA as it was repealed 04/2007 so any agreements AFTER that date are treated somewhat differently.

Basically, don't get too carried away. They can fix the faults and unless there's others issues with any other formalities such as the Assignment, DN etc then it might be enforced if a claim was issued.

HI NIDDY

Thanks for your advice here, as always, of course it is so very much appreciated .

I now appreciate the UE and non- S127(3) situation w.e.f. 04/2007 from my readings of other Diaries here but I was actually (maybe, with hindsight, in a rather obscure way) trying to crow about the fact that the "no valid CCA provided" situation was now being dragged out much longer thanks to your expert advice.

Anyway let's see what comes back from my MPT letter-( hope they dont hurry themselves!!)- and go from there.

[Never-In-Doubt]

Re: Fightinghard's Diary

ype of account: CAPITAL ONE CREDIT CARD

09 Sept 2015 -Letter from Cap1 stating that they are unable to provide the docs. I requested in my SAR as my signature on letter of Authority I provided does not match their records and therefore asking that I resend my request with a copy of current driving licence and/or passport attached thereto. Letter states also that my £10 is being refunded separately and will need to be re-submitted with new request and only then will the 40 day time limit commence.

I have seen elsewhere in the Forums suggested responses to situation such as this, in fact there was an observation somewhere by Niddy along the lines of signatures not being too relevant in these days of passwords etc. but sadly I now cant seem to find the relevant threads so perhaps one of you good people could point me in the right direction to assist me in composing a suitable response to this letter.
Any help will be much appreciated

Try not to get too concerned about fwil's thread - different circumstances so please check with us before doing anything.

Ok, there is no provision for anyone to sign anything - however what the creditor must do is ensure they are happy that you are the account owner asking for the data. As such I'd be prone to write back to Crappy1 with the attached customised template for your situation. At this stage do not do any complaints to the ICO/FCA - just send that - or wait till the cheque comes back and re-attach it with the original request and the letter attached above.

http://forums.all-about-debt.co.uk/f...%20SAR%202.doc

Good luck

[Never-In-Doubt]

Re: Fightinghard's Diary

Type of account: Halifax Bank Unsecured Loan
310/8/15 - C.C.A. sent to Niddy
1/9/15 - Niddy says "quite simply as no signed page sent (which Creditor should hold if taken out in Branch) therefore as the paperwork sent to me is both undated and unsigned it technically has nothing to do with me hence advises that Missing PT's template letter should be sent.
1/9/15 - Missing PT's template letter (sent with proof of posting)


Well,well,well- so glad I listened to Pixie (post#48) and followed that advice- its amazing what hidden little treasures can lay under an apparently insignificant stone when its disturbed - Many thanks indeed

Hi - it's not Iredeemably UE (it CAN) be remedied and you have NO protection from s.127(3) CCA as it was repealed 04/2007 so any agreements AFTER that date are treated somewhat differently.

Basically, don't get too carried away. They can fix the faults and unless there's others issues with any other formalities such as the Assignment, DN etc then it might be enforced if a claim was issued.

[fightinghard]

Re: Fightinghard's Diary

Originally Posted by fightinghard
in fact there was an observation somewhere by Niddy along the lines of signatures not being too relevant in these days of passwords etc. but sadly I now cant seem to find the relevant threads

Hi, not sure if this from Niddy on my thread is one of those...

It doesn't matter if they write back and say 'the X you placed in the signature box doesn't match our records' - because for all they know you've gone blind - ie it is NOT their place to say it doesn't match. If you confirm your signature is now this then they accept it - if not then that is their fault.

Yes they do need to be sure it is you, but legally a signature was never intended to do that - hence we use personal verification such as date of birth, passcodes etc now - a signature means nothing really. Ring your bank, they want to know digits from passcodes and last usage etc - that is how you verify a person

FWIL
Thank you very much for this- it is indeed the observation by Niddy that I recall seeing. Reading it again in context in your Diary however it appears that it relates specifically to a CCA rather than a SAR under DPA.

Mind you, as can be seen from my Cap 1 Diary entries, Cap1 have been gaily sending correspondence to my current address since I moved here some years ago (as lately have the DCA Apex) and I have been duly replying as and when necessary so I fail to see why they suddenly think I need to prove that I am still me!!!. Are they just being bloody awkward or what!!.

Anyway I dont really want to send official documents like driving licence or passport to them so I intend to take a chance and resubmit my request for an SAR (along with the dosh!) and include in the letter the gist of Niddy' remarks. However I will attach to my letter a copy of a letter I very recently received from HMRC (tiny tax refund-yippee) with my name and address clearly detailed thereon and see if they acept that. (HMRC seemed quite happy that I am still actually me!!).

I intend to get that letter off early next week unless any wise heads out there know of a better course of action

[fwil]

Re: Fightinghard's Diary

in fact there was an observation somewhere by Niddy along the lines of signatures not being too relevant in these days of passwords etc. but sadly I now cant seem to find the relevant threads

Hi, not sure if this from Niddy on my thread is one of those...

It doesn't matter if they write back and say 'the X you placed in the signature box doesn't match our records' - because for all they know you've gone blind - ie it is NOT their place to say it doesn't match. If you confirm your signature is now this then they accept it - if not then that is their fault.

Yes they do need to be sure it is you, but legally a signature was never intended to do that - hence we use personal verification such as date of birth, passcodes etc now - a signature means nothing really. Ring your bank, they want to know digits from passcodes and last usage etc - that is how you verify a person

[fightinghard]

Re: Fightinghard's Diary

ype 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. (collection to be handled by Apex w.e.f. 21/7/15)

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.
3 July 2015 - further letter from Cap1 again requesting missing May payment with same threats as before-IGNORED. (June instalment well overdue now too)
21 July2015 - letter from Cap 1 advising they have instructed Apex Credit Management to act on their behalf to arrange repayment and that Apex will be in touch with me shortly
22 July 2015 - phone call from Apex- told caller to deal with me in writing only (so guess letter will follow soon)
3 August 2015 - Introductory letter received from Apex Credit Management.
10 August 2015 - Letter from Apex advising me they want to help me take some positive steps towards paying my balance and to contact them within 7 days.
11 August 2015 - Responding with SWID letter (as suggested previously by Mrs.D, NightWatch, and Pixie and to each of whom I give thanks for their guidance) N.B. Letter to be sent on 17 August 2015)
13 August 2015 - SAR sent
22 August 2015 - Further letter from Apex stressing need for me to contact them so they can help with the most suitable solution to help me in repaying.
22 August 2015 - SWID letter sent.(although a week later than originally intended)
05 Sept. 2015 - Letter from Apex (dated 01/09/15 and rather pleading for me to contact them to discuss my situation so they can help with proposals for affordable repayments otherwise they may begin to assess my account with a view to returning it to their client who could chose to pass it on to an alternative company to recover)
06 Sept 2015 - Letter to Apex instructing them to read and assimilate the contents of my SWID letter
09 Sept 2015 -Letter from Cap1 stating that they are unable to provide the docs. I requested in my SAR as my signature on letter of Authority I provided does not match their records and therefore asking that I resend my request with a copy of current driving licence and/or passport attached thereto. Letter states also that my £10 is being refunded separately and will need to be re-submitted with new request and only then will the 40 day time limit commence.

I have seen elsewhere in the Forums suggested responses to situation such as this, in fact there was an observation somewhere by Niddy along the lines of signatures not being too relevant in these days of passwords etc. but sadly I now cant seem to find the relevant threads so perhaps one of you good people could point me in the right direction to assist me in composing a suitable response to this letter.
Any help will be much appreciated

[fightinghard]

Re: Fightinghard's Diary

ype 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. (collection to be handled by Apex w.e.f. 21/7/15)

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.
3 July 2015 - further letter from Cap1 again requesting missing May payment with same threats as before-IGNORED. (June instalment well overdue now too)
21 July2015 - letter from Cap 1 advising they have instructed Apex Credit Management to act on their behalf to arrange repayment and that Apex will be in touch with me shortly
22 July 2015 - phone call from Apex- told caller to deal with me in writing only (so guess letter will follow soon)
3 August 2015 - Introductory letter received from Apex Credit Management.
10 August 2015 - Letter from Apex advising me they want to help me take some positive steps towards paying my balance and to contact them within 7 days.
11 August 2015 - Responding with SWID letter (as suggested previously by Mrs.D, NightWatch, and Pixie and to each of whom I give thanks for their guidance) N.B. Letter to be sent on 17 August 2015)
13 August 2015 - SAR sent
22 August 2015 - Further letter from Apex stressing need for me to contact them so they can help with the most suitable solution to help me in repaying.
22 August 2015 - SWID letter sent.(although a week later than originally intended)
05 Sept. 2015 - Letter from Apex (dated 01/09/15 and rather pleading for me to contact them to discuss my situation so they can help with proposals for affordable repayments otherwise they may begin to assess my account with a view to returning it to their client who could chose to pass it on to an alternative company to recover)
06 Sept 2015 - Letter to Apex instructing them to read and assimilate the contents of my SWID letter.

[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).
17/07/15 Letter from Halifax acknowledging receipt of my request under Section 77 (1) of the C.C.A. 1974 for this loan agreement and advising they are processing their response which will be with me shortly.
10/08/15. Letter from Halifax (dated 04/08/15 ) the gist of which requests all missing payments to be made within 7 days of date of letter (i.e. payments by 11/08/15) otherwise further recovery action could be taken. (IGNORED)
24/08/15 - received C.C.A.( with covering letter from Bank dated 20 July 2015 !!!)
25/08/15 - letter requesting payment of arrears of payment plan or contact them to agree alternative repayment options otherwise they may commence legal action.(IGNORED)310/8/15 - C.C.A. sent to Niddy
1/9/15 - Niddy says "quite simply as no signed page sent (which Creditor should hold if taken out in Branch) therefore as the paperwork sent to me is both undated and unsigned it technically has nothing to do with me hence advises that Missing PT's template letter should be sent.
1/9/15 - Missing PT's template letter (sent with proof of posting)


Well,well,well- so glad I listened to Pixie (post#48) and followed that advice- its amazing what hidden little treasures can lay under an apparently insignificant stone when its disturbed - Many thanks indeed

[fightinghard]

Re: Fightinghard's Diary

When you got this loan did a courier come to your home with the paperwork? They did that in 2010

Hi Niddy-
No-no courier services involved- this was dealt with within a bank branch, it was in fact a consolidation loan clearing a previous Halifax Loan with the balance required to replace my aging car. (This loan does not have P.P.I on it although the Customer Services guy did try very hard to sell it I recall !!.)

[fightinghard]

Re: Fightinghard's Diary

Yes, I'd send it to Niddy in case there's something else he can spot but it's likely to be enforceable.

Does the letter you received mention pre-action protocol?

I think it's going to be a blagging exercise but let's see what Niddy says.

Thanks Pixie-
No, no mention of pre-action protocol- it seems to be just one of those " you naughty boy, now send us the arrears you owe immediately or we may commence legal action which will land you with additional fees and costs" sort of letter. (I emphasise "may" !!).
Probably could ignore this and see what comes next !


I have also responded to Niddys post (#49) and await his subsequent observations