Fightinghard's Diary

[Never-In-Doubt]

Re: Fightinghard's Diary

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

[Pixie]

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.

[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.


C.C.A. looks ok- obviously well post 2007 so guess it will have to be a blagging exercise- is it worth sending to Niddy . for a look over tho.??


Presumably also the 25 August letter needs to be ignored- or shouild I respond with something??

[nanna58]

Re: Fightinghard's Diary

Blame the post !!

[nightwatch]

Re: Fightinghard's Diary

better late than never x

[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. (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)

[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. (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)

BTW

1) This account was "defaulted" in May 2013 but I am now not certain that the Default Notice is valid as it seems to me that it does not comply with S2 (2) (b) of the 1983 Regs. Perhaps somebody with expertise in this field (Niddy?) could have a look at it if I post a (redacted) copy. ( I see there is a Default Notice thread on the Forum but it seems not to have been used for several years). Obviously if the Notice is faulty I will keep quiet about it as it may prove useful at a later date.


2) Unfortunately I haven't had any suggestions from the Forum in respect of the P.P.I. aspect as mentioned in my Post #2 so I am now going ahead to SAR this creditor within the next day or so (using the Forum template letter), mainly to ascertain exactly how the P.P.I. was activated and to calculate how much I subsequently paid on it over the 5 years. If it turns out the the P.P.I . was activated by means of a tick box on the application form , or there is something else thereon mentioning P.P.I. it could mean, I suppose, that the creditor not supplying any documentation relating to this P.P.I.in his S.78 C.C.A.response (S78-"copy of the executed agreement (if any) and of any other document referred to in it"). would invalidate that response.Maybe also the Multiple Agreement aspect would come into it.
As mentioned in post#2 I am not making a P.P.I. claim (unless the FCA decide to introduce a Claims deadline in the near future) as I am looking for total UE but just having the overall P.P.I cost may prove useful at some time if my UE journey proves fruitless. (the recent Plevin v.Paragon Personal Finance case looks interesting !!!)
Anyway let's wait the next 40 days or so and see what the SAR produces.

[fightinghard]

Re: Fightinghard's Diary

just hang on, the longer it takes the better, chill for now

Thanks Mrs. D- your suggestion will be followed faithfully

[MrsD]

Re: Fightinghard's Diary

just hang on, the longer it takes the better, chill for now

[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.


So far I have not received their response to my C.C.A request so should I ignore this payment chaser this time and maybe reply with the "No C.C.A. received" response letter after another missive or two from them, or should I send said response letter now.
Advice gratefully received please.

[Pixie]

Re: Fightinghard's Diary

Usual opening gambit I guess where they advise me that Cap1 have instructed them to act as collection agent for my account, that they offer a flexible approach to repaying, and their fully trained staff have a range of options to assist me in this matter etc. etc. They state they will be in contact within the next 7 days by letter and/ or phone to discuss my repayment options!!!!.
I will see what comes next from them before suitably responding (probably missing P.T's template letter rather than SWID as account has not been sold

I would be sending SWID to Apex as it highlights that you have a dispute with the OC. I've used it for when an account has been passed to a different DCA for collection and not actually sold. I'm not sure the MPT would be appropriate as that's usually sent when you've received a CCA in response to a CCA request.

so is exclusively answered by wife who has a delightful ,although at times a rather barrackroom knack of giving unsolicitedcallers very short shrift indeed ).

Good for her!

[nightwatch]

Re: Fightinghard's Diary

agree with Mrs D, spin it out and play for time xx

[MrsD]

Re: Fightinghard's Diary

just spin it it out, I'd send a SWID after they've made contact in writing

[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. (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.

Usual opening gambit I guess where they advise me that Cap1 have instructed them to act as collection agent for my account, that they offer a flexible approach to repaying, and their fully trained staff have a range of options to assist me in this matter etc. etc. They state they will be in contact within the next 7 days by letter and/ or phone to discuss my repayment options!!!!.
I will see what comes next from them before suitably responding (probably missing P.T's template letter rather than SWID as account has not been sold although advice here will be wecome) and instructing them also therein that I will not deal with them by 'phone and my number must be deleted from their database (Almost feel sorry for them if they initially call on our landline as that's there purely to enable wife's 90 yr. old mother to call so is exclusively answered by wife who has a delightful ,although at times a rather barrackroom knack of giving unsolicitedcallers very short shrift indeed ).

[nanna58]

Re: Fightinghard's Diary

Go for it x