Fightinghard's Diary

[fightinghard]

Re: Fightinghard's Diary

Feel free - whenever you want

(Ooops- typo. error- I meant 30/10/15)
Anyway thanks Nidddy- letter now sent

[fightinghard]

Re: Fightinghard's Diary

Re: Fightinghard's Diary

Re: Fightinghard's DiaryType 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 - 21/11/2013
Account owner: - Still with OC-but thro. Robinson Way(11/2013) then Moorcroft (10/2015)

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)
12 Oct. 2015 - Letter from Halifax Bank stating that as they have not been able to agree a suitable plan they have now transferred my HALIFAX debt to Debt Collection Agency Moorcroft Group PLC and have instructed Moorcroft to arrange collection of the outstanding amount. They request, therefore, that I contact Moorcroft a.s.a.p. to arrange repayment of the outstanding balance. (LETTER IGNORED)
14 Oct. 2015 - Letter from Moorcroft Debt Recovery Ltd. stating they have been instructed by Halifax to collect my overdue account and that I must now make payment in full or, alternatively, contact them immediately in order to reach a repayment agreement by 19th October, otherwise they may have no alternative but to take further debt recovery action, which both they and their client do not wish to take.
17 Oct. 2015./22 Oct. 2015 - 2 'phone calls from different 0161 (Manchester area code) numbers. (Both calls were IGNORED but a Google search of the numbers showed both to be from Moorcroft).
23 Oct. 2015 - Text from Moorcroft requesting I contact them immediately. (IGNORED)
26 Oct 2015 - Letter received from Moorcroft headed POSSIBLE FURTHER ACTION and requesting payment proposals before 30/10/15 otherwise they may have no alternative other than to recommend that their clients consider possible further debt recovery action against me. They add that they will discuss a repayment programme that I can afford and maintain and that in certain circumstances they may be able to offer a substantial discount from the o/s balance.
27 Oct. 2015 - Template Bank Account C.C.A. letter sent to Moorcroft (with proof of posting)

[fightinghard]

Re: Fightinghard's Diary

Re: Fightinghard's Diary

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) Then Credit Solutions (w.e.f 16/10/15)

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 consideration 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)
16 Oct. 2015 - Letter from Cap1 again stating that the documents I requested in my recent correspondence have not been supplied as I had not signed my letter.In addition they state they have not received the required fee of £10 as the original payment I made was returned to me by cheque on 7 September. They further state they appreciate that under DPA 1998 I am not required to provide a signature but as they are committed to protecting their customer's personal information they do ask that their customers provide signed letters to satisfy them as to the customer's identity and where this does not match their records they feel it reasonable to request further proof to protect their customers. They then add that I may, therefore send them either a copy of my driving licence or my passport to confirm my identity, alternatively I may contact their Customer Service Department on the telephone number provided at the head of the letter and once my identity has been confirmed they will arrange for my request to be processed. Finally they state that the 40 day time limit to provide an SAR as prescribed by S7(8) of the Act does not commence until they receive the correct documents and appropriate fee.
18 Oct. 2015 - letter from Cap 1 advising they have now instructed Credit Solutions to act on their behalf to arrange repayment and that Credit Solutions will be in touch with me shortly but I can contact them first if I want to. (I don't want to !!)(LETTER IGNORED)
27 Oct. 2015 - 'phoned Cap1- (got Customer Services) and was asked to confirm d.o.b., postcode and last 4 digits of mob. no. following which I was advised that they were satisfied re. my identity and my S.A.R. would now be processed subject to receipt of £10. Pointed out that they held my £10 as their refund cheque was returned to them uncashed on 29 Sept. 2015 but was then advised that Cap1. had subsequently raised yet another refund cheque on 14 October and I would now need to return that to them or alternatively send them another £10 straightaway and just cash their (second )refund cheque when it arrived. I mentioned that it was now best part of 3 months since my original S.A.R. and I would now be taking the matter further. (As their original refund cheque arrived on 28 Sept., some 19 days after their 9 Sept.letter, I guess I can expect a similar delay in getting their second refund ( nothing arrived so far) so to expedite things I'm sending them another P.O.)
28 Oct. 2015 - Letter from Credit Solutions requesting that I contact them so one of their agents can work with me to agree a personalised, affordable and maintainable, repayment plan.

Ignoring this letter to see what the next one is like then most likely responding with a SWID letter

[fightinghard]

Re: Fightinghard's Diary

Re: Fightinghard's Diary

Re: Fightinghard's DiaryType 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 - 21/11/2013
Account owner: - Still with OC-but thro. Robinson Way(11/2013) then Moorcroft (10/2015)

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)
12 Oct. 2015 - Letter from Halifax Bank stating that as they have not been able to agree a suitable plan they have now transferred my HALIFAX debt to Debt Collection Agency Moorcroft Group PLC and have instructed Moorcroft to arrange collection of the outstanding amount. They request, therefore, that I contact Moorcroft a.s.a.p. to arrange repayment of the outstanding balance. (LETTER IGNORED)
14 Oct. 2015 - Letter from Moorcroft Debt Recovery Ltd. stating they have been instructed by Halifax to collect my overdue account and that I must now make payment in full or, alternatively, contact them immediately in order to reach a repayment agreement by 19th October, otherwise they may have no alternative but to take further debt recovery action, which both they and their client do not wish to take.
17 Oct. 2015./22 Oct. 2015 - 2 'phone calls from different 0161 (Manchester area code) numbers. (Both calls were IGNORED but a Google search of the numbers showed both to be from Moorcroft).
23 Oct. 2015 - Text from Moorcroft requesting I contact them immediately. (IGNORED)
26 Oct 2015 - Letter received from Moorcroft headed POSSIBLE FURTHER ACTION and requesting payment proposals before 30/10/15 otherwise they may have no alternative other than to recommend that their clients consider possible further debt recovery action against me. They add that they will discuss a repayment programme that I can afford and maintain and that in certain circumstances they may be able to offer a substantial discount from the o/s balance.
27 Oct. 2015 - Template Bank Account C.C.A. letter sent to Moorcroft (with proof of posting)
5 Nov 2015 - Letter from |Moorcroft acknowledging my query and advising that they will not contact me re. this account while the issue is being investigated and which investigation may take some time as they need to contact their client.

[fightinghard]

Re: Fightinghard's Diary

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) Then Credit Solutions (w.e.f 16/10/15)

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 consideration 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)
16 Oct. 2015 - Letter from Cap1 again stating that the documents I requested in my recent correspondence have not been supplied as I had not signed my letter.In addition they state they have not received the required fee of £10 as the original payment I made was returned to me by cheque on 7 September. They further state they appreciate that under DPA 1998 I am not required to provide a signature but as they are committed to protecting their customer's personal information they do ask that their customers provide signed letters to satisfy them as to the customer's identity and where this does not match their records they feel it reasonable to request further proof to protect their customers. They then add that I may, therefore send them either a copy of my driving licence or my passport to confirm my identity, alternatively I may contact their Customer Service Department on the telephone number provided at the head of the letter and once my identity has been confirmed they will arrange for my request to be processed. Finally they state that the 40 day time limit to provide an SAR as prescribed by S7(8) of the Act does not commence until they receive the correct documents and appropriate fee.
18 Oct. 2015 - letter from Cap 1 advising they have now instructed Credit Solutions to act on their behalf to arrange repayment and that Credit Solutions will be in touch with me shortly but I can contact them first if I want to. (I don't want to !!)(LETTER IGNORED)
27 Oct. 2015 - 'phoned Cap1- (got Customer Services) and was asked to confirm d.o.b., postcode and last 4 digits of mob. no. following which I was advised that they were satisfied re. my identity and my S.A.R. would now be processed subject to receipt of £10. Pointed out that they held my £10 as their refund cheque was returned to them uncashed on 29 Sept. 2015 but was then advised that Cap1. had subsequently raised yet another refund cheque on 14 October and I would now need to return that to them or alternatively send them another £10 straightaway and just cash their (second )refund cheque when it arrived. I mentioned that it was now best part of 3 months since my original S.A.R. and I would now be taking the matter further. (As their original refund cheque arrived on 28 Sept., some 19 days after their 9 Sept.letter, I guess I can expect a similar delay in getting their second refund ( nothing arrived so far) so to expedite things I'm sending them another P.O.)
28 Oct. 2015 - Letter from Credit Solutions requesting that I contact them so one of their agents can work with me to agree a personalised, affordable and maintainable, repayment plan. (IGNORED)
6 Nov. 2015 - Letter from Credit Solutions urging me to contact them by 17 November 2015 to sort out an affordable repayment plan otherwise account will be returned to Cap1 for further action which could include a) sharing info. with C.R.A.'s which could impact my ability to obtain further credit and b) Cap1 selling my account to a third party who will then become responsible for pursuing the debt.


Not sure whether to ignore this letter and just let events take their course or to send them a SWID in due course with a view to protracting matters..
Any suggestions will be welcome.

[fightinghard]

Re: Fightinghard's Diary

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) Then Credit Solutions (w.e.f 16/10/15)

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 consideration 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)
16 Oct. 2015 - Letter from Cap1 again stating that the documents I requested in my recent correspondence have not been supplied as I had not signed my letter.In addition they state they have not received the required fee of £10 as the original payment I made was returned to me by cheque on 7 September. They further state they appreciate that under DPA 1998 I am not required to provide a signature but as they are committed to protecting their customer's personal information they do ask that their customers provide signed letters to satisfy them as to the customer's identity and where this does not match their records they feel it reasonable to request further proof to protect their customers. They then add that I may, therefore send them either a copy of my driving licence or my passport to confirm my identity, alternatively I may contact their Customer Service Department on the telephone number provided at the head of the letter and once my identity has been confirmed they will arrange for my request to be processed. Finally they state that the 40 day time limit to provide an SAR as prescribed by S7(8) of the Act does not commence until they receive the correct documents and appropriate fee.
18 Oct. 2015 - letter from Cap 1 advising they have now instructed Credit Solutions to act on their behalf to arrange repayment and that Credit Solutions will be in touch with me shortly but I can contact them first if I want to. (I don't want to !!)(LETTER IGNORED)
27 Oct. 2015 - 'phoned Cap1- (got Customer Services) and was asked to confirm d.o.b., postcode and last 4 digits of mob. no. following which I was advised that they were satisfied re. my identity and my S.A.R. would now be processed subject to receipt of £10. Pointed out that they held my £10 as their refund cheque was returned to them uncashed on 29 Sept. 2015 but was then advised that Cap1. had subsequently raised yet another refund cheque on 14 October and I would now need to return that to them or alternatively send them another £10 straightaway and just cash their (second )refund cheque when it arrived. I mentioned that it was now best part of 3 months since my original S.A.R. and I would now be taking the matter further. (As their original refund cheque arrived on 28 Sept., some 19 days after their 9 Sept.letter, I guess I can expect a similar delay in getting their second refund ( nothing arrived so far) so to expedite things I'm sending them another P.O.)
28 Oct. 2015 - Letter from Credit Solutions requesting that I contact them so one of their agents can work with me to agree a personalised, affordable and maintainable, repayment plan. (IGNORED)
6 Nov. 2015 - Letter from Credit Solutions urging me to contact them by 17 November 2015 to sort out an affordable repayment plan otherwise account will be returned to Cap1 for further action which could include a) sharing info. with C.R.A.'s which could impact my ability to obtain further credit and b) Cap1 selling my account to a third party who will then become responsible for pursuing the debt.
20 Nov. 2015 - Letter from Credit Solutions stating that following a recent review of my account, their client is prepared to accept 50% in settlement and will not pursue the balance further nor pass the balance on to anyone else for recovery. My account will be updated to show a partial settlement although the unpaid balance will remain as an outstanding sum and their client reserves the right to set off the unpaid balance against any subsequent claim I may bring against them. My credit file will be updated to show the balance as satisfied with a special flag to indicate partial settlement and the status amended to reflect the account has been partially settled. This information will remain on my credit file for six years from the date my default was recorded.

I may be wrong here but this strikes me as a very generous offer so early in the piece and makes me wonder whether, while dealing with my DPA S.A.R, Cap1 have discovered that they may be on very thin ice in trying to enforce this agreement through the Courts, and also that there is a level of PPI involved (about which they have made no reference whatsoever in the CCA etc. which they provided earlier) so they have decided to try and make the best of a bad job and just get what they can.


I am inclined to disregard this offer but I wonder whether anybody has had a similar experience with such an offer at an early stage with Cap1.

[Never-In-Doubt]

Re: Fightinghard's Diary

20 Nov. 2015 - Letter from Credit Solutions stating that following a recent review of my account, their client is prepared to accept 50% in settlement and will not pursue the balance further nor pass the balance on to anyone else for recovery.

This is normal - based 100% on the amount they purchase the debt for. If they pay 10p in the £1 and make you pay 50p in the £1 then they're still 400% in profit.....

I'd not overly worry - as you say you are in a strong position. UNLESS, you play the game and accept the offer and pay it (c £1400) - then do a full PPi reclaim assuming the PPi was more than £1400 so you're in a positive position....? But then I always say leave that until such time a claim arrives because if you get past 6 years and it does go SB then you could do a PPi reclaim direct anyway, and then they'd pay it all to you so you *could* get more in the long run.

[fightinghard]

Re: Fightinghard's Diary

This is normal - based 100% on the amount they purchase the debt for. If they pay 10p in the £1 and make you pay 50p in the £1 then they're still 400% in profit.....

I'd not overly worry - as you say you are in a strong position. UNLESS, you play the game and accept the offer and pay it (c £1400) - then do a full PPi reclaim assuming the PPi was more than £1400 so you're in a positive position....? But then I always say leave that until such time a claim arrives because if you get past 6 years and it does go SB then you could do a PPi reclaim direct anyway, and then they'd pay it all to you so you *could* get more in the long run.

Thank you Mr. Niddy for your advice here- as always its much appreciated.
However I should point out that this debt has not, in fact, been sold, its actually still held by CAP1, and it appears that it is Cap1. themselves making this offer and just using Credit Solutions as an intermediary/collection agent. I am further advised that if I accept this 50% offer Cap. 1 will not pursue the other 50% nor pass it on to anyone else for recovery so on the face of it Cap1 are prepared to stand an approx. £1400 loss. With regard to PPI, I am hoping that my SAR will reveal how much I paid between inception in 2002 and PPI cancellation in 2007 so I can ascertain how much (with the usual interest added) is at stake. I do intend to sit on the PPI aspect for the time being although I gather the FCA are considering introducing a time limit for claims. This agreement will not be SB until May 2021 (my last payment made April 2015) so I will have to watch things PPI wise very carefully.

BTW Am I right in thinking that if I leave this offer alone and CAP. 1 in due course sell the full debt on, I can then make a claim against Cap.1 for a PPI refund and CAP.1 cannot then offset any PPI refund that may be due against the balance on the debt, or pass it on to the debt purchaser to offset against the balance thus meaning that any refund has to be made directly to myself.

[Never-In-Doubt]

Re: Fightinghard's Diary

That's correct if they sell it in totality and fully assign the debt. If it's just like now, using a DCA then SoSO *may* apply.

[fightinghard]

Re: Fightinghard's Diary

That's correct if they sell it in totality and fully assign the debt. If it's just like now, using a DCA then SoSO *may* apply.

Thanks Niddy for confirming the situation here

[fightinghard]

Re: Fightinghard's Diary

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) Then Credit Solutions (w.e.f 16/10/15)

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 consideration 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)
16 Oct. 2015 - Letter from Cap1 again stating that the documents I requested in my recent correspondence have not been supplied as I had not signed my letter.In addition they state they have not received the required fee of £10 as the original payment I made was returned to me by cheque on 7 September. They further state they appreciate that under DPA 1998 I am not required to provide a signature but as they are committed to protecting their customer's personal information they do ask that their customers provide signed letters to satisfy them as to the customer's identity and where this does not match their records they feel it reasonable to request further proof to protect their customers. They then add that I may, therefore send them either a copy of my driving licence or my passport to confirm my identity, alternatively I may contact their Customer Service Department on the telephone number provided at the head of the letter and once my identity has been confirmed they will arrange for my request to be processed. Finally they state that the 40 day time limit to provide an SAR as prescribed by S7(8) of the Act does not commence until they receive the correct documents and appropriate fee.
18 Oct. 2015 - letter from Cap 1 advising they have now instructed Credit Solutions to act on their behalf to arrange repayment and that Credit Solutions will be in touch with me shortly but I can contact them first if I want to. (I don't want to !!)(LETTER IGNORED)
27 Oct. 2015 - 'phoned Cap1- (got Customer Services) and was asked to confirm d.o.b., postcode and last 4 digits of mob. no. following which I was advised that they were satisfied re. my identity and my S.A.R. would now be processed subject to receipt of £10. Pointed out that they held my £10 as their refund cheque was returned to them uncashed on 29 Sept. 2015 but was then advised that Cap1. had subsequently raised yet another refund cheque on 14 October and I would now need to return that to them or alternatively send them another £10 straightaway and just cash their (second )refund cheque when it arrived. I mentioned that it was now best part of 3 months since my original S.A.R. and I would now be taking the matter further. (As their original refund cheque arrived on 28 Sept., some 19 days after their 9 Sept.letter, I guess I can expect a similar delay in getting their second refund ( nothing arrived so far) so to expedite things I'm sending them another P.O.)
28 Oct. 2015 - Letter from Credit Solutions requesting that I contact them so one of their agents can work with me to agree a personalised, affordable and maintainable, repayment plan. (IGNORED)
6 Nov. 2015 - Letter from Credit Solutions urging me to contact them by 17 November 2015 to sort out an affordable repayment plan otherwise account will be returned to Cap1 for further action which could include a) sharing info. with C.R.A.'s which could impact my ability to obtain further credit and b) Cap1 selling my account to a third party who will then become responsible for pursuing the debt.(IGNORED)
20 Nov. 2015 - Letter from Credit Solutions stating that following a recent review of my account, their client is prepared to accept 50% in settlement and will not pursue the balance further nor pass the balance on to anyone else for recovery. My account will be updated to show a partial settlement although the unpaid balance will remain as an outstanding sum and their client reserves the right to set off the unpaid balance against any subsequent claim I may bring against them. My credit file will be updated to show the balance as satisfied with a special flag to indicate partial settlement and the status amended to reflect the account has been partially settled. This information will remain on my credit file for six years from the date my default was recorded.
28 Nov 2015- Letter from Credit Solutions expressing their disappointment that I have not contacted them to discuss an affordable repayment plan and advising me that no further notice will be sent to me and if I still fail to make contact, the account will be referred back to their client (Cap. 1) who may then consider selling the debt and I will then no longer be dealing with Capital One Bank (Europe) as any action pursued by the new owner to recover the debt will become their responsibility. To avoid this action taking place I must, therefore, contact Credit Solutions immediately to discuss repayment/ settlement options.

[nanna58]

Re: Fightinghard's Diary

Phew that buys you more time before new DCA decides they want to play x well done x

[Pixie]

Re: Fightinghard's Diary

28 Nov 2015- Letter from Credit Solutions expressing their disappointment that I have not contacted them to discuss an affordable repayment plan and advising me that no further notice will be sent to me and if I still fail to make contact, the account will be referred back to their client (Cap. 1) who may then consider selling the debt and I will then no longer be dealing with Capital One Bank (Europe) as any action pursued by the new owner to recover the debt will become their responsibility. To avoid this action taking place I must, therefore, contact Credit Solutions immediately to discuss repayment/ settlement options.

I bet that's got you scared They're just miffed that they haven't been able to get you to "donate" to their Christmas knees up so they're throwing a strop

Let them send it back to Capital One and see what happens next.

[fightinghard]

Re: Fightinghard's Diary

I bet that's got you scared They're just miffed that they haven't been able to get you to "donate" to their Christmas knees up so they're throwing a strop

Let them send it back to Capital One and see what happens next.

Thanks Pixie and yes I'm now really shaking in my size 11's !!! . - Anyway I intend to do exactly as you suggest then await the next thrilling instalment

[fightinghard]

Re: Fightinghard's Diary

Re: Fightinghard's Diary

Re: Fightinghard's DiaryType 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 - 21/11/2013
Account owner: - Still with OC-but thro. Robinson Way(11/2013) then Moorcroft (10/2015)

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)
12 Oct. 2015 - Letter from Halifax Bank stating that as they have not been able to agree a suitable plan they have now transferred my HALIFAX debt to Debt Collection Agency Moorcroft Group PLC and have instructed Moorcroft to arrange collection of the outstanding amount. They request, therefore, that I contact Moorcroft a.s.a.p. to arrange repayment of the outstanding balance. (LETTER IGNORED)
14 Oct. 2015 - Letter from Moorcroft Debt Recovery Ltd. stating they have been instructed by Halifax to collect my overdue account and that I must now make payment in full or, alternatively, contact them immediately in order to reach a repayment agreement by 19th October, otherwise they may have no alternative but to take further debt recovery action, which both they and their client do not wish to take.
17 Oct. 2015./22 Oct. 2015 - 2 'phone calls from different 0161 (Manchester area code) numbers. (Both calls were IGNORED but a Google search of the numbers showed both to be from Moorcroft).
23 Oct. 2015 - Text from Moorcroft requesting I contact them immediately. (IGNORED)
26 Oct 2015 - Letter received from Moorcroft headed POSSIBLE FURTHER ACTION and requesting payment proposals before 30/10/15 otherwise they may have no alternative other than to recommend that their clients consider possible further debt recovery action against me. They add that they will discuss a repayment programme that I can afford and maintain and that in certain circumstances they may be able to offer a substantial discount from the o/s balance.
27 Oct. 2015 - Template Bank Account C.C.A. letter sent to Moorcroft (with proof of posting)
5 Nov 2015 - Letter from |Moorcroft acknowledging my query and advising that they will not contact me re. this account while the issue is being investigated and which investigation may take some time as they need to contact their client.
24 November 2015- Letter from Moorcroft advising that they have been in touch with Halifax Bank who have requested that I confirm the specific dates I require copy statements from so they can deal with my request. Halifax also confirm that as the balance relates to a current account they are unable to provide a copy agreement. Moorcroft advise that the account has now been placed on hold while awaiting my response until 18 December 2015.

I dont think I can respond satisfactorily to this as I now do not hold the statements from which I can pinpoint various specific dates relating to, inter alia, exceeding overdraft limits, amount of excess overdraft etc.
As the account is for a relatively small sum, its probably not worth the trouble of obtaining copy statements from account inception in 2010 so I think I will now attempt the F & F approach instead (as I did with the precious D.C.A.) using the template letter and offering £100 (which a relative is prepared to provide as a Christmas present to me !!) and see what happens. I'll wait until the "on hold period" ends before I send anything tho.