Poorbarry UE Diary

[poorbarry]

Hi Niddy,

Thank you for your guidance so far, as you suggested I've listed the first two of my problem cards (the others will follow). My background is one of having lost my business. The debts below are a hangover from times when income and substance were far greater than now.

First two situations replied to as per your standard checklist;

1. Co op Credit Card
2. Over 8 years ago
3. £8,000
4. About a year ago for full payment, I pay a token £25 per month whilst they await an inc & exp form which I have not yet sent.
5. On arrangement
6. Threatening default unless I send information as stated in Point 4 above immediately
7. The Co op is writing

And;

1. Capital One Credit Card
2. Over 8 years ago
3. £3,500
4.Over 6 months ago for full payment.
5. On arrangement
6. Threatening default if I do not provide inc & exp form.
7. Capital One is writing

Perhaps you could advise on these to start with.

Ever grateful,
poorbarry

[Never-In-Doubt]

Re: Poorbarry UE Diary

Hiya

Have you sent a CCA Request off? If not, do that and cease all repayments - you will get defaulted, but that's not an issue, so long as you're aware of that?

So start by sending this with £1 ---> viewtopic.php?p=603#p603

[poorbarry]

Re: Poorbarry UE Diary

Hi Niddy,

Just about to send my CCA letters but one question; on both accounts there is past correspondence from me to them trying to sort out the debts which are genuine cases of asking for time, trying to pay etc which have my signature on them and of course confirms that I'm aware of and accept the debt position (or did). Does this alter the picture in any way or do I just go ahead and request the CCA's regardless.

Thanks Buddy

[monopoly]

Re: Poorbarry UE Diary

I have done exactly the same, however what worries me is that I signed all the letters so they all have a copy of my signature.

[Never-In-Doubt]

Re: Poorbarry UE Diary

Don't worry about signatures - they sometimes copy them that is why we say not to sign but don't worry, I can spot a fake a mile off!!!

[poorbarry]

Re: Poorbarry UE Diary

Hi,

Report as follows;

Capital One - 7 days after sending my CCA request I recieved a very pleasant letter asking for up to four weeks to respond to me; I still get calls daily but do not respond - what do I do now ?

Co op Visa - 18 days have passed since my CCA request, I've heard nothing in writing but they've tried to phone which I've ignored. Ditto above

John Lewis - I've recieved by recorded delivery within the 14 days, the copy CCA (which was signed by me) and copy terms and conditions. They've not asked for anything from me nor threatened anything. Ditto above.

Thanks,
poorbarry

[Never-In-Doubt]

Re: Poorbarry UE Diary

Capital One - 7 days after sending my CCA request I recieved a very pleasant letter asking for up to four weeks to respond to me; I still get calls daily but do not respond - what do I do now ?

- Nothing! Until they respond it remains unenforceable so sit and wait, don't hassle them - no need to really cos they can't do anything to you!

Co op Visa - 18 days have passed since my CCA request, I've heard nothing in writing but they've tried to phone which I've ignored. Ditto above

Ignore for the moment, as above really....

John Lewis - I've recieved by recorded delivery within the 14 days, the copy CCA (which was signed by me) and copy terms and conditions. They've not asked for anything from me nor threatened anything. Ditto above.

email it to me please (see signature) and i'll advise once I checked it, just cos you signed it means little.... let me take a butchers 2

[Never-In-Doubt]

Re: Poorbarry UE Diary

Capital One - 7 days after sending my CCA request I recieved a very pleasant letter asking for up to four weeks to respond to me; I still get calls daily but do not respond - what do I do now ?

Hiya, the Capital One agreement is unenforceable as it is a simple application, not linked to any prescribed terms - respond with the following: ---> viewtopic.php?p=1629#p1629

Well done


:UE :UE :UE

[poorbarry]

Re: Poorbarry UE Diary

Hi Niddy,

Thanks very much for this, I assume you managed to open the documents okay. Can I ask a question re the reply you've proposed; I've copied and pasted the bit I have a question about;

"On XX/XX/XXXX I wrote requesting that you supply me a true copy of the executed credit agreement for the above numbered account. In response to this request I was supplied a document, a copy of which is attached, which did not comply with the requirements of the Consumer Credit Act 1974 (CCA1974), primarily as you sent an application form, which for the avoidance of doubt does not comply with current CCA legislation"

Can you tell me which of the documents you mean for me to send them a copy of ? Is it the hand written application form or everything they sent me? Also do I need to pay them another pound ?

Many thanks Niddy, once I've sorted this I'll send you the John Lewis & Co op stuff.

PB

[Never-In-Doubt]

Re: Poorbarry UE Diary

Hi Niddy,

Thanks very much for this, I assume you managed to open the documents okay. Can I ask a question re the reply you've proposed; I've copied and pasted the bit I have a question about;

Can you tell me which of the documents you mean for me to send them a copy of ? Is it the hand written application form or everything they sent me? Also do I need to pay them another pound ?

Hiya, you'd send a copy of the application form that they sent you - the single page that they claim to be the agreement...... No, you only ever pay £1 when you request the CCA.

It is unenforceable, so don't worry - let them mess around all they want, they can't do much

:UE

[poorbarry]

Re: Poorbarry UE Diary

Thanks Niddy, I really do appreciate this service you've provided,.........I'd neve have worked this out.
PB

[Never-In-Doubt]

Re: Poorbarry UE Diary

Hiya

Update - 25.10.2010

Co-Op / Northern Rock - Unenforceable as no prescibed terms so respond with this and cease any repayments: ---> viewtopic.php?p=1503#p1503

:UE

John Lewis - Enforceable i'm afraid, it clearly shows the repayments, the rates and your signature so you need to agree to some repayment plan with this one.

[poorbarry]

Re: Poorbarry UE Diary

Thanks Niddy,

Re the John Lewis account, are there / is there any guidance as to what negotiating powers I have ? Do I have to give a statement of income / outgoing etc ?
Thanks
PB

[poorbarry]

Re: Poorbarry UE Diary

A further issue Niddy, 3 years ago my mother died leaving her house to me and my sister. However her live in partner who was ill and claiming sick benefit lived with her and in her will she requested that he stay rent free until he died. He paid the bills etc (there was no mortgage). He died just at the start of the recession, the house was in a dodgy suburb of Newcastle so not appealing on most fronts. I put the place on the market but only after taking out a bridging loan secured on it (at the time I had no idea how bad things were to get) and two things (both bad) have come from this. The first one is we had to pay council tax (50%) whilst it was empty awaiting sale as well as all the other things, utilities, insurance etc. Anway, we managed to sell the place last year at a massive discount to what we originally marketed it for but with outstanding council tax to date of £531.93. I had made an arrangement with Gateshead Council but I couldn't keep up so yesterday we had a bailiff call with a notice which I'll scan and send to you. What do you think ?
I'll write on the other matter shortly.
Regards,
PB

[Never-In-Doubt]

Re: Poorbarry UE Diary

Thanks Niddy,

Re the John Lewis account, are there / is there any guidance as to what negotiating powers I have ? Do I have to give a statement of income / outgoing etc ?
Thanks..... PB

No guidance, you either blag it and ignore them or you just tell them you'll pay XX per month and if they don't accept it then what can you do? You are under no legal duress to pay anything..... k