Fightinghard's Diary

[Never-In-Doubt]

Re: Fightinghard's Diary

Regards Capital One - sit tight and await a reply to the SAR and keep us updated with any DCA chaser letters. The SAR isn't a dispute so you can't just ignore the DCA if they get heavy. But for now you can - keep us updated with things

[fightinghard]

Re: Fightinghard's Diary

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).
11 Sept 2015 - Letter from Apex advising they have noted my SWID letter and have referred the account to their client for consideratiuon and will be in further contact with me when they have a response. ( LETTER IGNORED)
23 Sept 2015 - Another introductory letter received from Apex Credit Management (Apart from its date this letter is exactly identical to that I received from Apex on 3 Aug 2015 and is being IGNORED)
28 Sept 2015 - Cheque for £10.00 (Refund of S.A.R. fee) received from Cap1.
29 Sept.2015 - Cheque returned to Cap1 (along with copy of my original S.A.R. request dated 13 August 2015 and a copy of my template letter (kindly provided by Niddy) dated 11 September 2015) with a covering letter pointing out that the 40 day prescribed period has now elapsed and Cap1 are, therefore, in breach of D.P. requirements.
09 Oct. 2015 - Yet another introductory letter received from Apex Credit Management. (Apart from its date this letter is exactly identical to those I received from Apex on 3 Aug 2015 and 23 Sept. 2015 and is again being IGNORED)

[Deepie]

Re: Fightinghard's Diary

07 /10/15 - Letter received from Halifax Bank stating that at present they are unable to locate the original agreement (this probably explains why the 2 recon, C.C.A.'s they have sent me contain identical errors) but their process has always been to obtain a signed credit agreement before granting any credit facility and the agreement was, therefore, validly executed and remains enforceable. They further state that default under S 77 does not relieve any liability to pay any interest or default sums nor prevent a default notice being issued (it already has been-in August 2013) and that as a matter of law the absence of the copy agreement (do they mean original agreement??) does not stop there being a valid agreement therefore under S. 127(1) C.C.A. 1974 the Court will allow the bank to enforce the agreement. The letter then outlines the nasty things that could/will happen to me if I fail to maintain repayments.


I intend to ignore this letter and wait and see what comes from them next !

That's what I'd do .....and keep that letter safe

[fightinghard]

Re: Fightinghard's Diary

Fightinghard's DiaryRe: 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- 1 August 2013
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)
11/09/15 - Letter from Retail Recoveries, Rosyth, advising that account has been passed to them and would I now cough up every last penny please or give them a call to discuss the position (Fat chance of either say I !!)
11/09/15 - Response letter sent instructing Retail Recoveries to read carefully and assimilate the contents of my 1st. Sept. MPT template letter
(to which I have yet to receive a response- probably a bit soon but they can take all the time they like.!)
16/9/2015 - Niddy advises that faults in this Agreement can be remedied and as post April 2007 it is now virtually impossible to be successful following the UE route.
I appreciate the situation and guess I will probably have to cough up something eventually but I intend to bugger them about as much as possible while saving the money I was paying them until I finally hit the brick wall. Hopefully this will be with a DCA by then and I am able to sort out an acceptable F & F. Even more hopefully of course it will drag on till SB but I am not holding my breath !!
24/09/2015- Template letter from Halifax (dated 3 Sept. 2015) with C.C.A attached.
Apart from the date on their template letter, everything is a straight photocopy of the documents Halifax supplied to me on 24 August 2015 hence containing the same faults as in that 24 August paperwork.
In view if this I intend to send to them again the "Missing PT'S" template letter (unless anybody has any other suggestions).
07 /10/15 - Letter received from Halifax Bank stating that at present they are unable to locate the original agreement (this probably explains why the 2 recon, C.C.A.'s they have sent me contain identical errors) but their process has always been to obtain a signed credit agreement before granting any credit facility and the agreement was, therefore, validly executed and remains enforceable. They further state that default under S 77 does not relieve any liability to pay any interest or default sums nor prevent a default notice being issued (it already has been-in August 2013) and that as a matter of law the absence of the copy agreement (do they mean original agreement??) does not stop there being a valid agreement therefore under S. 127(1) C.C.A. 1974 the Court will allow the bank to enforce the agreement. The letter then outlines the nasty things that could/will happen to me if I fail to maintain repayments.


I intend to ignore this letter and wait and see what comes from them next !

[fightinghard]

Re: Fightinghard's Diary

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).
11 Sept 2015 - Letter from Apex advising they have noted my SWID letter and have referred the account to their client for consideratiuon and will be in further contact with me when they have a response. ( LETTER IGNORED)
23 Sept 2015 - Another introductory letter received from Apex Credit Management (Apart from its date this letter is exactly identical to that I received from Apex on 3 Aug 2015 and is being IGNORED)
28 Sept 2015 - Cheque for £10.00 (Refund of S.A.R. fee) received from Cap1.
29 Sept.2015 - Cheque returned to Cap1 (along with copy of my original S.A.R. request dated 13 August 2015 and a copy of my template letter (kindly provided by Niddy) dated 11 September 2015) with a covering letter pointing out that the 40 day prescribed period has now elapsed and Cap1 are, therefore, in breach of D.P. requirements.

[fightinghard]

Re: Fightinghard's Diary

Fightinghard's Diary

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)
11/09/15 - Letter from Retail Recoveries, Rosyth, advising that account has been passed to them and would I now cough up every last penny please or give them a call to discuss the position (Fat chance of either say I !!)
11/09/15 - Response letter sent instructing Retail Recoveries to read carefully and assimilate the contents of my 1st. Sept. MPT template letter
(to which I have yet to receive a response- probably a bit soon but they can take all the time they like.!)
16/9/2015 - Niddy advises that faults in this Agreement can be remedied and as post April 2007 it is now virtually impossible to be successful following the UE route.
I appreciate the situation and guess I will probably have to cough up something eventually but I intend to bugger them about as much as possible while saving the money I was paying them until I finally hit the brick wall. Hopefully this will be with a DCA by then and I am able to sort out an acceptable F & F. Even more hopefully of course it will drag on till SB but I am not holding my breath !!
24/09/2015- Template letter from Halifax (dated 3 Sept. 2015) with C.C.A attached.
Apart from the date on their template letter, everything is a straight photocopy of the documents Halifax supplied to me on 24 August 2015 hence containing the same faults as in that 24 August paperwork.
In view if this I intend to send to them again the "Missing PT'S" template letter (unless anybody has any other suggestions).

[The Tech Clerk]

Re: Fightinghard's Diary

starts with Apex the journey between DCAs begins:-

[fightinghard]

Re: Fightinghard's Diary

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).
11 Sept 2015 - Letter from Apex advising they have noted my SWID letter and have referred the account to their client for consideratiuon and will be in further contact with me when they have a response. ( LETTER IGNORED)
23 Sept 2015 - Another introductory letter received from Apex Credit Management (Apart from its date this letter is exactly identical to that I received from Apex on 3 Aug 2015 and is being IGNORED)

[fightinghard]

Re: Fightinghard's Diary

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)
03 July 2015 - Unsatisfactory (to me anyway) response from Robway so N.F.A. from me in this matter.
16 Sept 2015 - Statement of account from RobWay ( with Halifax logo in letterhead !) covering period 11/14 to 06/15 ( Filed)
18 Sept. 2015 - Letter from Robway advising that this account remains unpaid despite their repeated attempts to contact me and I can, therefore, telephone/email one of their trained debt advisers for help/advice in setting up an affordable re-payment plan. Details are also given of several organisations that can offer free, impartial, advice.
(LETTER IGNORED)


(I must say I am greatly in favour of their " repeated attempts to contact me" which since,their unsatisfactory 3/7/15 response to my F & F offer, comprises NIL 'phone calls, NIL letters, NIL e.mails- in fact absolutely ZILCH in respect of chasers until now!!. Long may such phantom " repeated attempts" continue !!).

[fightinghard]

Re: Fightinghard's Diary

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)

11/09/15 - Letter from Retail Recoveries, Rosyth, advising that account has been passed to them and would I now cough up every last penny please or give them a call to discuss the position (Fat chance of either say I !!)
11/09/15 - Response letter sent instructing Retail Recoveries to read carefully and assimilate the contents of my 1st. Sept. MPT template letter
(to which I have yet to receive a response- probably a bit soon but they can take all the time they like.!)

16/9/2015 - Niddy advises that faults in this Agreement can be remedied and as post April 2007 it is now virtually impossible to be successful following the UE route.

I appreciate the situation and guess I will probably have to cough up something eventually but I intend to bugger them about as much as possible while saving the money I was paying them until I finally hit the brick wall. Hopefully this will be with a DCA by then and I am able to sort out an acceptable F & F. Even more hopefully of course it will drag on till SB but I am not holding my breath !!

[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)
03 July 2015 - Unsatisfactory (to me anyway) response from Robway so N.F.A. from me in this matter.
16 Sept 2015 - Statement of account from RobWay ( with Halifax logo in letterhead !) covering period 11/14 to 06/15 ( Filed)

[nightwatch]

Re: Fightinghard's Diary

doing well FH, doing well xx

[fightinghard]

Re: Fightinghard's Diary

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)

11/09/15 - Letter from Retail Recoveries, Rosyth, advising that account has been passed to them and would I now cough up every last penny please or give them a call to discuss the position (Fat chance of either say I !!)
11/09/15 - Response letter sent instructing Retail Recoveries to read carefully and assimilate the contents of my 1st. Sept. MPT template letter (to which I have yet to receive a response- probably a bit soon but they can take all the time they like.!)

[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).
11 Sept 2015 - Letter from Apex advising they have noted my SWID letter and have referred the account to their client for consideratiuon and will be in further contact with me when they have a response. ( LETTER IGNORED)

[fightinghard]

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:-

Hi to The Tech Clerk

Point taken- I have now copied my full current Cap1 thread to the Support Group thread - I trust this is what you has in mind.