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  • Dark Mak's UE Diary

    Looking to sort my debt out with My Capital 1 credit card, any help would be appreciated with this matter,hoping this is unenforceable
    Another member referred to the forum by Butterfly

    The Debt to date :

    Capital 1 Credit Card
    £5800
    Start Date 22/02/2005
    Still with Capital 1 paying Minimum payment
    The interest is almost 30% what a joke
    CCA sent 21/03/2011, CCA received 07/04/2011
    CCA sent to Niddy 11/4/2011
    14/4/2011 Niddy says Unenforceable
    18/4/2011 sent letter CCA Query missing prescribed terms
    26/4/2011 recd letter Capital 1 final response
    7/7/2011 Notice of Default
    19/7/2011 letter saying an agent may come to your home, balance passed to debt collection agency
    15/8/2011 letter recd dated 9/8/11 we have terminated your Account, we may sell to a debt collection agency or use door-to-door collectors
    16/8/2011 sent letter to Capital 1 Harassment & Threat of Doorstep Visit
    17/8/11 letter recd dated 12/8/11 from ftc(division of Capquest) saying after 3/11/11 may engage a debt collection agency,doorstep visits and legal action. Respond by 18/8/11
    18/8/11 sent letter to f.t.c. Final Response (Ue) General
    26/8/11 recd letter dated 21/8/11 from ftc pay or contact us by 30/8/11
    9/9/11 letter recd dated 1/9/11 from Capital 1 saying Account is with FTC may phone or send collectors to your property
    23/11/11 recd letter dated 14/11/11 from Credit Solutions we act as agents for Capital One. Payment is now due in full. Pay within 7 days or a debt collector will call at your address or County Court Claim will be issued.
    28/11/11 sent Threat by Creditor Threat o gram letter before Action to Credit Solutions
    30/11/11 recd yellow card dated 24/11/11 from Power2Contact saying I will be calling to discuss recent communication from CSL on Wednesday between 9am - 9pm J White. Phone went many times yesterday no answer message
    3/12/11 sent Harassment & Threat of Doorstep Visit letter to Power2Contact
    3/12/11 recd letter dated 1/12/11 from Credit Solutions saying we are not in receipt of your CCA Request, have you recd any documents from our client, have you paid the £1 fee? Have you recd any documents from our client, after 14th Dec your account will be taken off hold and collection activities will continue Lou Ward,Complaints Officer
    10th Dec recd letter dated 8th Dec from Credit Solutions saying may still do a Doorstep Visit, but will take your telephone number off our system
    1/2/2012 recd letter dated 27/1/2012 from Power2Contact saying we have been instructed to visit your address. Contact us within 72 hours.
    4/2/2012 sent Threat of Harassment & Doorstep Visit Letter to Power2Contact
    8/2/2012 recd letter dated 6/2/2012 from Credit Solutions Ltd offering to save 40% on balance. Filed
    17/2/12 recd letter dated 10/2/12 from Credit Solutions saying we have removed your telephone number from our system
    18/2/12 recd letter dated 13/2/12 from Scotcall DCS Doorstep Collection Notice
    28/2/12 sent Threat of Doorstep Visit to Scotcall
    5/3/12 recd letter dated 29/2/12 from Scotcall Revoke Licence Letter saying we can still call, we are entitled to recover monies
    2/6/12 recd letter dated 29/5/12 from Fredrickson International Letter before Action Legal action, Judgment or decree
    8/6/12 sent letter to Fredrickson CCA Query - Creditor Refusal to Accept UE Status
    16/6/12 recd letter 13/6/12 from Fredrickson saying Account on hold for 14 days. Just filed
    27/7/12 recd letter dated 16/7/12 from Bryan Carter pay within 14 days or contact Fredrickson
    30/7/12 sent letter to Bryan Carter one liner please read and respond to previous letter sent with a copy of letter dated 8th June sent to Fredricksons
    Last edited by Dark Mak; 30 July 2012, 09:33. Reason: updated diary

  • #2
    Re: Unenforceable Diary

    Hi and welcome Dark Mak.

    Email your cca to Niddy (Never-In-Doubt) by clicking on the 'email cca' button in his signature. When you scan the agreement don't block out any personal details as this makes it difficult for him to check. Don't worry, you can trust him 110%. He will check if the agreement is compliant with s78.

    Have a read through the stickies on unenforceability. You do realise that your credit rating will be stuffed if you go for UE?

    Do you have any other debts?
    Let your smile change the world but don't let the world change your smile


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    Comment


    • #3
      Re: Dark Mak's UE Diary

      Originally posted by Dark Mak View Post
      Capital 1 Credit Card
      £5800
      Start Date 22/02/2005
      Still with Capital 1 paying Minimum payment
      The interest is almost 30% what a joke
      CCA sent 21/03/2011, CCA received 07/04/2011
      Please may i up load this for checking

      Thanks Dark Mak
      Hiya & Welcome

      Either email me the agreement (see here) :---> User Guide - Sending your Agreement to Niddy

      or

      Upload to the secure section (see here) :---> User Guide - Uploading your Documents to the Site!.
      I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

      If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

      Comment


      • #4
        Re: Unenforceable Diary

        Originally posted by ;66476
        Hi and welcome Dark Mak.

        Email your cca to Niddy (Never-In-Doubt) by clicking on the 'email cca' button in his signature. When you scan the agreement don't block out any personal details as this makes it difficult for him to check. Don't worry, you can trust him 110%. He will check if the agreement is compliant with s78.

        Have a read through the stickies on unenforceability. You do realise that your credit rating will be stuffed if you go for UE?

        Do you have any other debts?
        Thanks for the reply pixie

        Yes i have a very large bank loan as well £28k (started) £17k (now)

        will up load these to niddy

        Comment


        • #5
          Re: Dark Mak's UE Diary

          Originally posted by Never-In-Doubt View Post
          Hiya & Welcome

          Either email me the agreement (see here) :---> User Guide - Sending your Agreement to Niddy

          or

          Upload to the secure section (see here) :---> User Guide - Uploading your Documents to the Site!.
          Thanks i'll up load these tonight

          Comment


          • #6
            Re: Dark Mak's UE Diary

            Hiya Welcome -- FYI I changed the title of your thread to keep it inline with the other diaries

            Comment


            • #7
              Re: Dark Mak's UE Diary

              Hi Niddy, just to let you know I have uploaded my Capital One CC for checking . Thanks for your help.

              The HSBC loan is too new for Unenforceability post 2007, only a couple of years old.

              Dark Mak

              Comment


              • #8
                Re: Dark Mak's UE Diary

                Originally posted by Dark Mak View Post
                Capital 1 Credit Card
                £5800
                Start Date 22/02/2005
                Still with Capital 1 paying Minimum payment
                The interest is almost 30% what a joke
                CCA sent 21/03/2011, CCA received 07/04/2011
                Please may i up load this for checking

                Thanks Dark Mak
                This is clearly a recon, as admitted in their opening statement (cover letter) - you can presume therefore it is unenforceable as they do not have the original, respond as follows: ---> CCA Query - Missing Prescribed Terms


                I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                Comment


                • #9
                  Re: Dark Mak's UE Diary

                  Originally posted by Never-In-Doubt View Post
                  This is clearly a recon, as admitted in their opening statement (cover letter) - you can presume therefore it is unenforceable as they do not have the original, respond as follows: ---> CCA Query - Missing Prescribed Terms

                  Cheers mate, sending letter monday. Will keep you informed
                  Dark Mak

                  Comment


                  • #10
                    Re: Dark Mak's UE Diary

                    Mak I have been in this with Crap One, I have paid them nothing for 9 months and they have done nothing apart from phone calls which I ignore and letters which I ignore.

                    Dont worry you will be ok.

                    Leigh

                    Comment


                    • #11
                      Re: Dark Mak's UE Diary

                      Originally posted by Dark Mak View Post
                      Cheers mate, sending letter monday. Will keep you informed
                      Dark Mak
                      Best of luck - keep us updated
                      I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                      If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                      Comment


                      • #12
                        Re: Dark Mak's UE Diary

                        Hi,
                        received letter from Capital One saying Final Response
                        Do I need to reply to this?

                        Cheers, Dark Mak

                        Comment


                        • #13
                          Re: Dark Mak's UE Diary

                          Originally posted by Dark Mak View Post
                          Hi,
                          received letter from Capital One saying Final Response
                          Do I need to reply to this?

                          Cheers, Dark Mak
                          Nope, ignore it but keep us updated with anything else you may get
                          I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                          If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                          Comment


                          • #14
                            Re: Dark Mak's UE Diary

                            Cheers Niddy - will let you know when I receive any letters. Thanks Dark Mak

                            Comment


                            • #15
                              Re: Dark Mak's UE Diary

                              Originally posted by Dark Mak View Post
                              Cheers Niddy - will let you know when I receive any letters. Thanks Dark Mak
                              Cheers mate
                              I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                              If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                              Comment

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