Fightinghard's Diary

[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.
3 July 2015 - further letter from Cap1 again requesting missing May payment with same threats as before-IGNORED. (June instalment well overdue now too)

[fightinghard]

Re: Fightinghard's Diary

Type of account: Halifax Ultimate Reward Current Account
Date commenced: - April 2010
Approx. balance: - £600
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 but payments through Robinson Way

22 June 2015 - Template letter offering 15% F & F Settlement sent (with Proof of Posting)
3 July 2015 - Reply (redacted copy attached) received from Robway in response to my F & F letter


I know that I am not obliged to provide a Financial Statement (unless under Court order) and the consensus on other threads is not to supply one but I wonder, since my OH has no legal involvement in this, whether a CFS showing just my income and just 50% of all household expenses would hold water (since that could show I have s** all available funds left to meet more than the original settlement offer!!!) should I decide to go down that route.

Advice from you good folks would be much appreciated please.

[nanna58]

Re: Fightinghard's Diary

Looks like Robbos have bought it, sure someone will be here shortly.x

[Pixie]

Re: Fightinghard's Diary

Looks like Robbos have bought it, sure someone will be here shortly.x

Not necessarily nanna, RobinsonWay may just be collecting as agents for Halifax.

I wouldn't be tempted to fill in the I & E form fightinghard as only a court can make you do that and RobinsonWay would probably use to to try and make you pay more than you want to. I'd be telling them that you're borrowing the money from a relative and if they don't accept then you'll have no option other than to make payments of £1 or £5 per month (or whatever figure you think is reasonable. Stress that you're doing your best to pay what you can.

[fightinghard]

Re: Fightinghard's Diary

]Type of account: Vanquis Credit Card
Date commenced: - April 2008
Approx. balance: - £2100
Date of last Full payment: - March 2013
Current Arrangement: - No payment made since May 2015 (Self-managed DMP before that from May 2013)
Status: - A.P. markers
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).
4 July 2015 - C.C.A. Documents relating to this Digital Signature Application received and uploaded via the online Portal for Niddy to peruse and advise.

- - u- -

[Never-In-Doubt]

Re: Fightinghard's Diary

As its 2008 you can't utilise unenforceability other than blagging it to SB.

s.127(3-6) doesn't apply. I've responded on your upload thread.

[fightinghard]

Re: Fightinghard's Diary

Re. Posts #17 to #19 Pixie is correct that at present Robway are just acting as collecting agents for Halifax.
Pixie-
thank you for your advice and I get what you say . I am NOT going to supply them an I & E both for the reason you stated and also, it now occurs to me, for the fact that they have effectively already refused my offer, which was made subject to the conditions set out in this Forum's template letter (which I used) , by, in the final Para. of their response, stating that they will not be complying with condition 2 (recording" Partial Settlement" rather than "Settlement").
I can make a token monthly offer, as you suggest, but wouldn't such action reset the SB clock. (long long way off I know but hey gotta start somewhere! ). I have stopped the monthly DMP I was making with a view to allowing the account to be transferred/assigned to a DCA who may be more amenable to a reasonable F & F (if my blagging is not good enough and they get too heavy before SB is reached).
BTW I have not sent a CCA request yet for this account which I gather now falls under the 1974 Act - Will do that as and when necessary as part of the blagging action!!

[cymruambyth]

Re: Fightinghard's Diary

Yes, any payment will reset the SB clock

[fightinghard]

Re: Fightinghard's Diary

[QUOTE=fightinghard;513078]]Type of account: Vanquis Credit Card
Date commenced: - April 2008
Approx. balance: - £2100
Date of last Full payment: - March 2013
Current Arrangement: - No payment made since May 2015 (Self-managed DMP before that from May 2013)
Status: - A.P. markers
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).
4 July 2015 - C.C.A. Documents relating to this Digital Signature Application received and uploaded via the online Portal for Niddy to peruse and advise.
4 July 2015 - Niddy points out (#21) that as post 2007 agreement, S127 (3-6) cant apply therefore cant utilise UE.

Rather guessed that would be the case so will have to blag it as suggested.


A couple of points of clarification would be appreciated however:


a) this creditor issued a Default Notice on 17 October 2013 but Noddle does not record a Default, just AR markers each monthly from July 2013 onwards and the account status is still shown as UP TO DATE (as at May 2015).

b} the Default Notice appears to be contradictory in that the paragraph referring to action which MAY be taken if I have not remedied the breach before the date shown (i.e. 5 November 2013) is immediately followed by a paragraph saying that if I have not taken the aforementioned steps ( which I assume refers to payment sufficient to clear the arrears, as mentioned earlier in the Default Notice) within the time scale indicated (again I assume that to be 5 November 2013) (I.E. DONE EXACTLY THE SAME THING ) then specified actions WILL be taken against me.
The creditor appears therefore not to have not detailed the actions which MAY be taken should I not remedy the breach, instead he has detailed the actions which WILL be taken.
In the event I did NOT remedy the breach within the time scale indicated but the creditor did NOT implement the resulting actions and consequently has not complied with his Default Notice.


Can anybody please advise whether a) is ok or maybe some sneaky way by the creditor of extending a bad credit reference period for some reason and
b) indicative of a defective Default Notice or is it just "de minimis" (or have I lost the plot!!!)


I am attaching a redacted copy of the DN in question to hopefully make things clear.

[Pixie]

Re: Fightinghard's Diary

Re. Posts #17 to #19 Pixie is correct that at present Robway are just acting as collecting agents for Halifax.
Pixie-
thank you for your advice and I get what you say . I am NOT going to supply them an I & E both for the reason you stated and also, it now occurs to me, for the fact that they have effectively already refused my offer, which was made subject to the conditions set out in this Forum's template letter (which I used) , by, in the final Para. of their response, stating that they will not be complying with condition 2 (recording" Partial Settlement" rather than "Settlement").
I can make a token monthly offer, as you suggest, but wouldn't such action reset the SB clock. (long long way off I know but hey gotta start somewhere! ). I have stopped the monthly DMP I was making with a view to allowing the account to be transferred/assigned to a DCA who may be more amenable to a reasonable F & F (if my blagging is not good enough and they get too heavy before SB is reached).
BTW I have not sent a CCA request yet for this account which I gather now falls under the 1974 Act - Will do that as and when necessary as part of the blagging action!!

I suggested making monthly payments as you'd already sent a F&F settlement letter which would have restarted the SB clock, though not by much as you only stopped making payments recently.

It's still a little uncertain whether or not current accounts fall under the CCA 1974 act but I don't think it would do any harm to send the first letter in the Overdrafts-CCA Information thread

[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.
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

[MrsD]

Re: Fightinghard's Diary

that's how it happens, ignore for now and send a swid when Apex finally get in touch. Apex are not the most efficient, so you may never hear anything or it could take some time. Just sit tight for the moment

[fightinghard]

Re: Fightinghard's Diary

I suggested making monthly payments as you'd already sent a F&F settlement letter which would have restarted the SB clock, though not by much as you only stopped making payments recently.

It's still a little uncertain whether or not current accounts fall under the CCA 1974 act but I don't think it would do any harm to send the first letter in the Overdrafts-CCA Information thread

Thanks Pixie- will not be following up the F & F course at this stage but will be sending the letter you recommend after I next hear from Robway (probably a non-payment reminder I guess) - eats up a bit more time !!!

[fightinghard]

Re: Fightinghard's Diary

that's how it happens, ignore for now and send a swid when Apex finally get in touch. Apex are not the most efficient, so you may never hear anything or it could take some time. Just sit tight for the moment

Thanks Mrs.D- yes just gonna sit back with any further action on my part only being taken (i.e.a swid being sent) if ever I hear from Apex.

[fightinghard]

Re: Fightinghard's Diary

Originally Posted by MrsD
that's how it happens, ignore for now and send a swid when Apex finally get in touch. Apex are not the most efficient, so you may never hear anything or it could take some time. Just sit tight for the moment

Thanks Mrs.D- yes just gonna sit back with any further action on my part only being taken (i.e.a swid being sent) if ever I hear from Apex.


Wow- Apex more on the ball than was thought- had phone call from them early this am- I cut the call short by telling the guy to contact me in writing only so now expect a letter very soon.