How to get back on the credit ladder

never-in-doubt

Hiya mate

Ok, read the letter and they can offer the lower rate, remember I said to you at the time that we can ask for £12 per charge or the full amount but if they refuse the full charge they could offer the new lower rate which is £12. So they can do this, but now you have an offer from them in writing it brings me on to part two of this maze!

Also, don't worry they cannot add it to the account, it would be sent to you via cheque. I'll mention this in the letter as well, but you may have to take the lower offer.....

Leave it with me, i'll sort you a letter tonight and will text you mate. Basically, forget court - no need to take this route. Right now we'll be pointing out that he ignored the rest of the letter and a response should be forthwith, also that he can keep his money in exchange for default removal - which is what I planned all along. However, I did think that £260 would stand better ground than just £96 but we'll see. I may demand compo on top of the £96 to boost it a little.

Are you happy with this?

Cheers

marcellep

never-in-doubt wrote: »

Hiya mate

Ok, read the letter and they can offer the lower rate, remember I said to you at the time that we can ask for £12 per charge or the full amount but if they refuse the full charge they could offer the new lower rate which is £12. So they can do this, but now you have an offer from them in writing it brings me on to part two of this maze!

Also, don't worry they cannot add it to the account, it would be sent to you via cheque. I'll mention this in the letter as well, but you may have to take the lower offer.....

Leave it with me, i'll sort you a letter tonight and will text you mate. Basically, forget court - no need to take this route. Right now we'll be pointing out that he ignored the rest of the letter and a response should be forthwith, also that he can keep his money in exchange for default removal - which is what I planned all along. However, I did think that £260 would stand better ground than just £96 but we'll see. I may demand compo on top of the £96 to boost it a little.

Are you happy with this?

Cheers

Hello

Firstly I am delighted that you are still helping me after all this time, I have said it time and time again I would not be at this stage without your help.

I will be happy to post them any letter that you suggest, and to be honest I think Capital One will continue to reply to the points that they are happy to answer. Least they replied within a decent time level.

If somehow we can get them to agree to remove the default then I would be delighted, that is what I have been trying to do for mths now. I could not give a two hoots about the £96. They can have it all they want but only if they take the default off.

never-in-doubt

marcellep wrote: »

Hello

Firstly I am delighted that you are still helping me after all this time, I have said it time and time again I would not be at this stage without your help.

I will be happy to post them any letter that you suggest, and to be honest I think Capital One will continue to reply to the points that they are happy to answer. Least they replied within a decent time level.

If somehow we can get them to agree to remove the default then I would be delighted, that is what I have been trying to do for mths now. I could not give a two hoots about the £96. They can have it all they want but only if they take the default off.

Don't worry about it - we're getting somewhere, as you say, last letter clearly stated 'we will not correspond' and now they are suddenly, ermmm, what's the word i'm looking for? Ahh, corresponding with you :rotfl::rotfl:

Regards to the default, I know - that's what i'm trying to do, get the thing taken off but they are playing hard to get. We've tried every trick and quoted every law and the final resort, after one last letter (to come tonight), is court action which I really do not recommend mate.

There is still no legal provision to force them to remove the default, the debt can be unenforceable but the default can remain, this boils down to the compliance of the issuance - as they have ignored this point, i'll reiterate it and see what they say.

We have to be seen to doing our utmost before court, as the court will then be able to judge for themselves who has been playing silly beggars and it won't be you, this all helps you mate.

Wait til you see the letter I have planned You're going to like it, boy oh boy you'll like this beauty! I'm going to check with a mate over at CAG and ask permission to use some parts of his letter which I think we need right now. This will be the final attempt at reconsiliation for you my man. After which it will be court or walk away.

I'll text you later, will get on with letter in the next hour ok. May watch England get gubbed and do it after (gutted we're getting stuffed right now too! - 3.0 to Norway is a joke)

Chin - Up we'll sort this mate. :T

marcellep

Thanks so much!

It's so bloody annoying that one company refuses to remove a default but others removed it without any problem @ all.

Just my luck I guess

marcellep

never-in-doubt wrote: »

refused should that be removed mate? lol

Seriously, don't worry - its to be expected but then when you win, it feels a whole lot better! :T It may be a case of beer for this one - haha!

Yeah it now says REMOVED

I will buy you case of beer no problem! as long as I can get the Tesco points for it

never-in-doubt

marcellep wrote: »

Yeah it now says REMOVED

I will buy you case of beer no problem! as long as I can get the Tesco points for it

Give me an hour mate and letter be here for you.... :beer:

never-in-doubt

Hiya mate,

Ok send this and remember to include a print-out of the following two letters you sent previously, namely;

1. #170 (referred to below as letter 1)
2. #240 (referred to below as letter 2)

Then we'll see what they say before the dirty tricks come out, will need to spend a few hours on this before doing a final response. Have to get it 100% perfect so we'll test the water with this first and see what they say mate.

Just hang in there - will be sorted soon enough, one way or another. Remember to do a spell check cos I rushed the letter mate.

---

Letter to send Capital One

---

Dear Capital One,

Ref: 12345678

I write with reference to your letter dated ENTER DATE, your comments noted accordingly. However what baffles me is your clear disregard of the law, in particular s.87 of the Consumer Credit Act 1974.

I have asked you on numerous occasions now to furnish me with a copy of the alleged Default Notice and the Notice of Termination, starting with my letter to you dated ENTER DATE ON LETTER 1 and then followed up with another response dated ENTER DATE ON LETTER 2. A copy of both these letters are attached for your perusal.

Turning my attention to your most recent letter, you have completely ignored everything from my past correspondence instead choosing to act daft - behaviour which will no longer be tolerated; let me make it crystal clear to you that I am considering legal action and these letters will be used in any litigation against you so I respectfully suggest you start to pay attention and duly respond with the information requested. You will not be given another chance, instead you will be served legal papers and most certainly outwith the CCA(1974) in favour of the more useful Criminal Procedure Rule, in particular CPR 31.16.

I have detailed this in my letter dated ENTER DATE ON LETTER 2, so will not go into the intricacies for a second time. The warning is there for all to see and I expect complete compliance otherwise you will leave me no option but to take this through the courts, at which time no offer to settle will be accepted.

Back to your letter, I note you start with 'Thank you for writing to me about refunding the default sums we’ve added to your account.' however, let me make it perfectly clear that this was one part of my letter, it was not the sole reason of my writing.

You also mention 'I can see from our records that you entered into a individual voluntary arrangement (“IVA”) with your creditors on May 2005.', again this is incorrect because this is the date when you applied to unlawful default - not the date of my Trust Deed.

You then go on to say 'When we opened your account in October 2002, we sent you a credit agreement which stated these default sums. By signing and returning this to us, you agreed to the terms and conditions for the account, including default sums.', need I remind you of the Office of Fair Trading’s April 2006 statement into credit card charges, which noted that the level of charges at the time, and prior to that period, were unfair? In a nutshell, as I do not believe the charges reflect the true cost to Capital One and were both unfair and disproportionate I am utilising my right to reclaim based on the Unfair Terms in Consumer Contracts Regulations 1999.

The final point of reference to your letter is based around this wild quote 'I’ve reviewed the account and, as a matter of goodwill, I’d like to reduce the default sums we’ve added to £12 each. This amount totals £96. If you’d like to accept this offer, please sign and return the settlement form I’ve included. Once I get it back I’ll add these refunds to your account.'

Lets make no mistake here, you are doing nothing as a gesture of goodwill but realise if I pursue this matter you will also get fined, as appropriate, and so you're backing down because you realise you simply have to. Similarly, i'd love to know how you plan on applying the refund onto the account which, as we both say is closed and burried? It cannot happen, any refund would by right be in the form a cheque made payable to myself and sent to my home address. paying it into any account will render the whole reclaim process fruitless and you are no exception to the rule.

However, this does not matter because I decline your 'gesture' as being an insult. I clearly stated the amount owing and I am perfectly aware that you are allowed to offer the lower rate but for the same respect, you should be prefectly aware that it is my right to decline it and raise into question your actual costs to justify the £12 fee which again, I am not happy with being several were issued around the same time and in the same billing period - I note you also omitted interest at the statutory rate of 8% p.a.

I will, as mentioned in both my previous letters, drop all proceedings against Capital One in simple exachange for removal of unlawful default against me. I continually make the same offer, even so much that you can keep the reclaim monies mentioned above, but you must remove the default of send me a copy of the notice and termination notice without which, means the default is unlawful and should therefore be removed immediately.

I am getting sick-to-the-back-teeth of requesting the same data over and over again and this can not continue. I therefore demand that this matter is resolved within the next 14 days. All I want is for you to send me the default notice or confirm you do not have one in which case we agree that in order for me to walk away you remove it from my credit report.

You are aware that any Judge reading these letters will clearly see that I am making more than a substantiated effort to resolve matters privately without the need for litigation but you are pushing me into a corner which will inevitably, end up with Capital One being in court.

To reiterate, I confirm I am more than happy to close all communication with the promise of no further action against you so long as you agree to, and ensure that, the following actions will be carried out;

• The Default Notice will be removed
• The Status of the account will change from “Defaulted” to “Settled”
• The Current Balance will appear as £0.00
• The Default / Delinquent Balance will be set to £0.00
• There will be no date in the “Defaulted Date” field (as it will be removed)
• There will be no date in the “Date Last Delinquent” field on the report
• This will apply to all 3 Credit Reference Agencies, namely Experian, Equifax & Call Credit

If you refuse then I will take legal action against Capital One beginning with enforcement to provide a true copy of the alleged Default Notice, which you have clearly proved that you do not have.

I look forward to your response, within the quoted timescales (14 days).

Yours faithfully,

marcellep

marcellep

I ll check back later

never-in-doubt

marcellep wrote: »

I ll check back later

Done mate - see how they like that! #298 :rotfl:

marcellep

never-in-doubt wrote: »

Done mate - see how they like that! #298 :rotfl:

Wow that is some letter

Thanks again :beer: