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Posts posted by mjc007.5

  1. Post 3 - yet more spam. Do they really believe having arrived here anybody is going to go there again??


    Camuser - keep going with the emails, offer them what you can reasonably afford. There are a number of us here with their bank details if you want to start repayment to them in the interim and one cagger who started me on my way even has the contact details for their CEO! A well placed pm or two will get you these details if needed ;)


    They will not make it at all easy and there are one or two horror stories here about their excesses but with persistance you should be able to move them to a repayment plan. Any references I have seen on here relating to progress to court action have been limited and to my knowledge none of them have either got into court or been awarded against the debtor once there (I might be wrong?). More usually they are either discontinuing before arriving there or hoping to proceed to default judgement if the debtor does not defend.


    Best of luck, keep folk posted

  2. Hiya Doogal,


    Sorry to hear you have also hit difficulties with Uncle Buck :mad:


    As you say they are a nightmare - alongside Toothfairy and Wonga probably the worst of the bunch (although in fairness to the later they do seem to eventually agree repayment plans). Some good advice already - definetly attempt to reclaim money from the bank in relation to account with Uncle Buck being in dispute. Posted some general idea's of which some may be of help to you in Nuggsy thread.


    What they are doing is questionable and might well be arguable as to legality but unfortunately their (and others in this sector) approach is to carry on regardless whilst trying to bully you into submission. As a minimum complain to OFT and/or consumer direct - the more registered about these and others the better! Not worth complaining to them directly as they will ignore this. As mrrobward says worth waiting for the DCA to contact you, if any more of this debt is outstanding and your bank cannot (or will not) guarantee to block further payments to this company then might have to do the lost/stolen card and/or parachute account approach.


    Best of luck, hope you sort them out

  3. Hiya Nuggsy,


    Sorry to hear of your predicament.


    I was preparing my little missive for you yesterday and suffered IT problems so crashed out before posting!:x All fixed now so will try again!


    Kind words from T2upnorth - very grateful, trust you are also well! ;) Also sound advice as always to get you started


    As T2 says, I started in some very similar proverbial (actually worse! :eek:) in this "market" but with the help and encouragement of the good folk here I am on my way back from the "dark side..." and generally trying to do my little bit to help others along the way....


    On the negative side these firms are generally nightmares but if you stick to your guns and do not allow them to be bully you there is a path out of this. Your situation is further complicated by living arrangements and working for the bank who hold your account.


    So my suggestions would be:


    1. Deal with potential impact on living arrangements first. If your folks will be receptive to a "pre-emptive" explanation this would be best (along the lines of yes you helped me out with this before, I have a bit of problem now which I am going to sort, might get some contact from firms but please let me sort it out etc). Keeps them in the picture but does not call on them to help you again (and hopefully does not risk your continued residence there). Not sure what to suggest otherwise on this one, very tricky....
    2. Next deal with potential implications to employment. If you are absolutely sure there will be none then ignore the rest of this point. However, often working in your sector will have tough rules in relation to any adverse credit history and you do not want to risk it. Might be worth conversation with any or all of trade union, HR or (if confidential) employee assistance programme.
    3. As T2 says the cheques would work out cheaper in one respect and you would owe to the bank but as also said there is every chance this would be construed as misconduct by your employer. In addition, I suspect you might be at risk of committing fraud if you write the cheques to "cover" the debts in the knowledge that the funds were not available at the time (this is different to writing them for some future time which these companies trade on - they would have to prove intent to never repay). I would not recommend this as is very high risk as well as legally questionable
    4. The path out of this is messy, time consuming and unpleasent but it can be done
    5. First thing is a parachute account - preferably with a completely different banking group to that which you have now (in order to guard against the "right of offset"). If you do not do this they will drain your salary as soon as it arrives - many or all of those you list have proven track record of this
    6. Next you will need to report your debit card as lost or stolen. Best to replace with simple debit card (ie no cheque guarantee facility) if possible
    7. Next is to sit down and work out realistic repayment offer to each that you can afford. Best way to do this is via info on any of the debt charity sites (nationaldebtline, payplan or cccs). If you can work out complete I & E (even with their help) and pro-rata offers then this is what the courts would offer to them if it ever got that far. They will huff and puff and be absolutely terrible but if you do this it really is rarely going to be in their interests to continue pursuit
    8. Now prepare for the forthcoming barrage of harrassing calls - and they will come. If you can pre-empt them with either a second line into the house that is only yours or a VOIP type service like SKYPE then all the better, If not send them the telephone harrassment letter from this site (I have thrown this together with the "doorstep visit" template for debt collection agencies). For your mobile number, set them all up with recognisable ring tone and proceed to ignore :rolleyes:
    9. Send your letter above together with offer letter to each of them. Your offer letter should also request that charges/interest are at suspended (you can challenge this together with alleged balances at a later point). If by post, recorded delivery. If you have email contacts then this is okay.
    10. Whatever follows stick to what you offer - as you have worked this out to be genuinely affordable they would not get more with court action and eventually most will see this to be true and fall into line
    11. Those that you agree a plan with, including a level of balance and charges that you are comfortable with, continue repayments and all is well.
    12. Those that you cannot agree a plan with and/or pass to DCA. Depends on your personal preference but worth going on the offensive - CCA request, complaints (OFT, consumer direct, companies house if liscensing or other issues - ignore BCCA or FLA, they are pointless). Depending on debt level if CCA request not effective then move to SAR!

    There are many folk here who are going through this and a whole lot worse who can offer you all the advice you ever need. General principle for me having stabilised a very wobbly ship is to focus on resolving oustanding legally owed debt whilst standing up for yourself - this will along the way bring many trials and tribulations but equally will help you to reduce your debt more quickly.


    All the best, keep folk posted and ask away if you need anything more

  4. Hiya bankbandit,


    Sound advice here already. If you cancel (within the 14 days) and borrow from friend/more reputable source then would be best. If you absolutely can pay them back as scheduled then fair enough and good for you :)


    This lot are particularly difficult - if they are prepared to return the cheques then 100% get them back. If not, I would cancel them with the bank (were they guaranteed?). Banking rules dictate that for correctly guaranteed cheques, the first one to a company written on a particular date has to be honoured ( I have been here in detail! :-x This is even on a closed account which is why you either need them back or correspondence confirming they have destroyed them!).


    You would remain exposed as they have your card details so in event your position of being able to repay changes you would need to take rapid action in reporting card lost or stolen and evacuating your funds to another account.


    Of course as long as you can repay then all will be well and none of this will come to pass! If for any reason things change folk here will be able to advise further but the main thing is do not under any circumstances take out another one of these elsewher to service this one!


    All the best

  5. Hi Ozzy,


    Sound advice already from Old Andrew and robjam. My two pence worth:


    1. Do not let them have your card details - they will indeed try any and all ways to access the funds. Most favoured tactics are either using the banking system to claim that by providing your card details you have agreed to a "continuous payment authority" (rarely if ever in any of these firms small print) or repeated attempts at processing card payments (either small to large sums or the other way around) until they are successful! :mad:
    2. Agree with robjam - they are attempting to bully you! Attachment of earnings would only be via a court and you have offered an affordable repayment proposal. They are very unlikely to follow through with this but even if they do it is likely to get laughed out of a court by any reasonable judge
    3. Your repayment offer is perfectly reasonable. They are in fact legally obliged to accept your attempts to reduce the liability and if they do not report to OFT/trading standards (as well as correspondence which clearly outline your offer and that they are "frustrating" your attempts to repay)
    4. Repayment methods - they will not provide account details to you for standing order, you will not provide your account or card details for direct debit/card payment. Again, they are "frustrating" your reasonable attempts to reduce this liability. You can offer payment by cheque (although even here I would go with one from another account/family member) or crossed postal order (will cost a bit more and needs registered/recorded post but protects your control of the repayment arrangement)
    5. I see you have been speaking on the phone with them and indicate (not sure if genuinely or with some ironic humour :p) that they were "very nice". Usual rules suggest never speak on the phone (my own experience would be "almost never") and I think as you have potential complaints/dispute here it is important to have everything in writing/email so would suggest no more phone conversations.
    6. Going to court - never can be sure but postings here confirming this that has been follwed through by the firm concerned (across the whole sector)are very limited. I have only seen two since I started my own journey back "from the dark side..." and to be honest looks like both of them are hoping for judgement by default!
    7. Given overall position and dispute over token payment might be worth CCA request to the DCA? £1 postal order and if nothing else allows you some breathing space - of course if they do not have one or it is unenforceable quite a a different thing!

    Best of luck with this, keep folk posted :cool:

  6. Hi Fine & Dandy - welcome to CAG,


    Sound advice from dx. If any of them have been sold on then around 10% for a starting point on full and final would be reasonable. However if they are just "acting for" might cause you more grief than it is worth to full and final them first (given that you have a standing arrangement in place). Did you recieve default notice, followed by termination followed by a notice of assignment? The likelihood would be not so whilst this does not necessarily mean they have not sold the debt on if they have sold it without these steps then it would not have been done correctly :eek: (I am open to correction on this one but this argument worked a treat on one of these or a 10% full and final! :p)


    As someone on his way out of an absolute mess in this "market" I would suggest you CCA request first. You already have a repayment plan in place so not under adverse pressure/harrasment there, worth a £1 to each to check out what they have in the way of an "agreement" and experience so far has suggested these firms (unlike their larger more "mainstream" counterparts) do tend to send it if they have it. The thing is, particularly if agreement was rolled over repeatedly, they often do not have it and if they do may well be flawed! :eek:



    dx has given you the correct path more concisely but basically:

    1. confirm if debts are sold or simply "acting for". If sold then confirm correct steps taken - if yes then repayment plan (although can still dispute charges/interest) and if not reduced full and final offer to test the water. If they reject full and final your call as to if improve this or revert to repayment plan
    2. CCA request to each - £1 postal order per request, template letter on CAG with amendments to suit
    3. If agreements are valid/enforceable - repayment plan. If not, your call again between (a) repayment plan (I have offered this on just the sum actually loaned with some success - I am keen to repay what I actually borrowed to get into this mess!), (b) challenging them to take you to court (almost all experience on here to date suggests this will not happen - in the very few cases where papers have been issued the consensus is they are hoping for judgement by default) or © full and final offer ("in good faith") again starting at around 10%

    Very best of luck with this, keep folks posted and just ask if you need any more help. They are a very helpful bunch here! ;)

  7. Hello ZW and all,


    A most excellent thread and ZW I salute you! Very empowering stuff (and a few giggles along the way) :p


    Your first scanned letter in this thread was I think April 2008, role forward to August 2009 and MJC making first tentative steps on the road back from the dark debt mountain with CCA requests including Cap 1 and I have recieved exactly the same as you (but with my own details on it) for an account opened in excess of five years ago when I was at a different address (I have also repaid the original amount owed several times and not claimed any charges). Long way to go but this one I will be challenging... :)

  8. Hi all,


    Do you know what, I think you have reinforced my contention that a Cap 1 agreement is re-constructed! I thank you kind folk :D


    I have what looks like a template with my current address and card details typed into it but on reflection I am in the same boat as hardup - I was at a different address when all this started! :)


    I have sent them an account in dispute letter and we will see ...


    Many thanks

  9. Hi Meerkat,


    Already much excellent advice here, I am guessing Northern Ireland does not have access to payplan or CCCS (CCCS website talks about "UK" debts and nothing obvious either way on payplan site. www.payplan.com and www.cccs.co.uk . Both will offer free advice and can manage a DMP if there is enough disposable income and the challenge on the grounds of irresponsible lending did not work). Also if you can access either of these then with due respect and deference to CAB I think much more accessible (they are both busy at moment though). Probably already considered this, apologies if old ground. From what I can see here it seems clear cut that first choice would be right off on grounds of health and if this fails DMP (hence the house remains untouched).


    The stuff from Elsa is outstanding - does this apply to all forms of credit? (my last few credit cards before I saw the light were clearly irresponsible on both parties! :eek:).


    Best of luck with it all, bye for now :)

    • Haha 1
  10. Good morning Vint,


    Good of you to come back to my thread (you have already helped me in so many others - Halifax now "perplexed" at my acceptance of their repudiation via dodgy DN followed by termination notice followed by communicating with me as if nothing ever happened followed by please send us a copy of our dodgy DN and termination notice because they do not have them on file!! :roll:).


    I was really clear that I did not think Cap 1 had complied but one of the beauties of this site (apart from very supportive folk) is that you get a very helpful sounding board that also provides alternate view and debate on the issue you raise in a thread. Jogs expanded on the initial response he made (think I have this right from the Jogs v Cap 1 thread) and threads quoted did this still further (sx20's debate with PT in CPR 3.16 thread caused me some late night reading! :p). I think you have both made clear for me (and you have previously as well) that whichever path is chosen a clear idea of your aims is important as well as being prepared to follow through on the chosen path (even if it includes court eventually). I think for me in this case we are looking to challenge the enforceability first (this is my oldest "agreement") and if this does not work or is not viable then pursue the charges applied as this will at least significantly reduce what they are claiming!


    I certainly do not wish to go to court if I can avoid it (although with the help of the folks here would not shy away from it if required) and as I have intimated where legal debt exists I am being really pro-active in paying as much as I can afford (CCCS are not happy with me challenging folk and the first test will be when I tell them that Halifax are only getting the arrears at the time of their repudiation! They are accepting it with reluctance as the relationship between us is one of mutual benefit - they make money from me whilst paying the legitimate debt and it has brought valuable time for me to start working on the less legitimate debt!). I am also wary of overconfidence following a couple of easy wins in the "payday loan market" - really do not want to run before I am properly walking! :confused:


    So generally your view would be along the lines of what I said in post 7? I am certain that I have read somewhere amongst all the info here that a reconstructed agreement (which in effect is what the template thing with my address and details typed in appears to be) would in itself be insufficient to acheive compliance with the request but for the life of me cannot find it! I am going to register the complaint with perhaps a slightly moderated version of what you have suggested (I am nowhere near as confident as you ... yet... but I certainly do not do caving in any more! :p) and see what I get back. I suspect if not successful then would need to review my options and at that point consider if CPR and potentially court is worthwhile? I understood from reading here that really cannot do challenging enforceability and charges at the same time but general consensus appears to be challenge first and then charges where credit cards are concerned?? (may have this wrong!).


    Anyway many thanks as always :)

  11. Hiya Jogs,


    Very informative read (both links!) - you have been through the mill with this lot! Many thanks :-)


    I am wondering if an alternate tack would be rather than argue the point over their response to the initial request I maybe just confirm I am not satisfied and seperately go for a SAR (could do without the £10 fee) first. If this does not produce the agreement (with account in arrears and "over" limit - although due to charges!) then the CPR route as advocated by PT? (on basis of unenforceable agreement, possibility of litigation either way and penalty charges - I know have paid many, many charges both £20 and £12!!).


    I know I have paid them back many times over for a relatively small credit card debt. The point in all of my cases is if there is a legal agreement and everything has been as it should be I am actually paying it back it back in full. Where they are not squeaky clean I am looking to establish this and payback only what was actually lent to me! (lots of success with this in the "payday loan" market but obviously more difficult with the big corporations!).


    Thanks for your input, most helpful :-)

  12. Hiya Jogs,


    I am on a very steep learning curve here so all input is very gratefully recieved!


    You said in post 2 that it was compliant with the request and initially I thought fair enough - but on closer inspection it does seem to be a combination of reconstructed template with my typed details on and a "current" terms leaflet. If it is reconstructed then does this not bring in to question if it is a "true copy" and therefore compliance? (I accept I may have this wrong of course). If it is compliant then would the next step by SAR to try and access an agreement (or confirm either way if they have one?)


    You also said in post 2 that it is probably is not enforceable. I understand there is a very big difference between compliance with the request and enforceability but any elaboration on the view about being enforceable would be gratefully recieved.


    Apologies if being dippy but having stabilised things with the help of folk on here now trying to maintain dual approach of repaying everybody what is legally owed to them whilst standing up for myself where necessary and it is a truly mammoth task to get to grips with! :shock:

  13. Excellent as always - Had been thinking along these lines (although this is stronger!). Will let you know how I go. Tried to add to your rep but won't let me at the moment :confused:


    Basically we have this is what your terms and conditions would have been /are spread across a number of pages with no clear indication other than a generic space for name, address, card number and credit limit that they in any way relate to me specifically! I am sure will be the first of many like this :rolleyes:


    General impression I had (and still have having spent far to long here! :p) is that if they have the agreement there should be nothing to stop them giving it to you and blowing any query about enforceability out of the water! Seems to me that nothing to loose by asking the question so will continue to pursue! ;)

  14. Hi Vint,


    You are correct save two places - the covering letter, and page 3 (signed by Stephanie) where account number, credit limit and name/address details are typed into what appears to be template letter (guessing a few of these requests have passed their way of late!). I know this because in the life of my interactions with Cap 1 they have changed their corporate letter heads, branding etc and this is definetly in the new style.


    I am not at all convinced this is enforceable or even properly compliant but just looking for some expert guidance as to if I am right/wrong and what the next step should be?? :oops:

  15. Well the first of the many CCA requests has dropped on the door mat this afternoon. Cap 1 credit card, cannot be sure of exact date of account opening but in excess of five years ago.




    Attached total of six "pages" but to explain -

    • Page 1 and 2 covering letter, double sided.
    • Page 3 and 4, "current" terms of agreement with them
    • Page 5 and 6, two sides of what appears to be standard leaflet, no obvious sign of a date on it anywhere

    From what I have read here not at all sure any of this adds up to an excutable or enforceable agreement of any description but I may well be wrong?? :?




    My questions for the good people of CAG:

    1. Is what they have sent me (a) compliant and (b) enforceable?
    2. If no to either of the above advice/suggestion for next move?

    Many thanks as always :)

    Cap 1 CCA Response p3 001.zip

  16. Many thanks BB and Vint (still legend rather than Leg end in my humble view! :razz:)


    You two and many others of the more established here have shown me the way back from the brink - long way to go yet but we have some stability and even a bit of peace (nice to have them running around after me!).


    The 12+2 is ticking down...... :D

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