How to get back on the credit ladder

never-in-doubt

got to nip out - back later tonight mate, hold fire on letter and i'll do it for you properly later and post it/PM you.....

Cheers.... catch you soon.

edit, if you done letter then good! lol post it and let me have a mooch, - tight sod! lol

marcellep

never-in-doubt wrote: »

I'd add that to your reply mate - handy to remind him of it! lol well done (I knew i;d have added something about it lol).....

Ill add that too

marcellep

never-in-doubt wrote: »

got to nip out - back later tonight mate, hold fire on letter and i'll do it for you properly later and post it/PM you.....

Cheers.... catch you soon.

edit, if you done letter then good! lol

No problem @ all

No hurry

never-in-doubt

lets see what you wrote and i'll edit it if needed later, best to make it right! catch you later...

ThinkingOfLinking

I just made my first credit application of the entire year; for a Very catalogue account and was declined instantly. *le sigh* I'm still trying to make the credit reference agencies take things off my files.

never-in-doubt

Flickering_Ember wrote: »

I just made my first credit application of the entire year; for a Very catalogue account and was declined instantly. *le sigh* I'm still trying to make the credit reference agencies take things off my files.

Hey - hows it going?... whats wrong with your file? If you give some details, maybe we can help :beer:

marcellep

never-in-doubt wrote: »

lets see what you wrote and i'll edit it if needed later, best to make it right! catch you later...

[FONT=&quot]In reply to your letter dated the 25th day of September 2009 [/FONT]

[FONT=&quot]“With regards to your request for copies of your default notice, under section 78 we are not required to provide this. However, I can confirm that Capital One issued a notice of default on the 22nd April 2005 for £192.19 and a statement of default on the 12th May 2005 for £440.88”[/FONT]

[FONT=&quot]Yes actually you are required to supply this. Your so called word does not constitute legal compliance, I am now left with no other option but to seek enforcement via the county courts in which case I feel obliged to let you know I am planning on using the country’s leading consumer credit lawyer, all costs incurred will be submitted to the courts for Capital One to reimburse in line with CPR and such cases of pure ignorance by the defendant (Capital One).[/FONT]

[FONT=&quot]“You confirm in your letter acceptance of our offer to refund £96 of default sum. This amount will be credited to your account upon receipt of the signed settlement form. We are unable to return this to you by cheque due to the fact the balance is made up of charges you incurred and did not repay. Consequently we cannot send money back to you that you have not paid.”[/FONT]

[FONT=&quot]No, this amount will not be repaid to any alleged debt. The agreement was made on the understanding that you'd send a cheque to my home address payable in my name, this was accepted by yourself and thus you confirmed the £96 offer which I accepted. The terms of this agreement are to remain. I know you have a habit of breaching agreements but unfortunately on this occasion you will not succeed. May I remind you that failure to comply will result in my questioning your reasoning as to prove that the charges you offered to refund were not repaid, in what way was previous monies receipted in the account and where and how was it allocated? By the time you employ a mathematician to prove your wild accusation that the same funds are outstanding is bewildering and shows your clear lack of legal knowledge.[/FONT]

[FONT=&quot]“I hope I have explained things clearly, but if you do have any further questions, please write to me again. You will find my address in the leaflet I have included, which also explains our complaints procedure. If I do not hear from you with four weeks I will consider this matter closed.”[/FONT]

[FONT=&quot]You have not explained anything; you've simply ignored (for a fourth time) everything I request. This nonsense must cease forthwith; as you are aware I have reported you to the regulatory authorities for investigation and in the meantime I am seeking legal guidance for your blatant abuse of power and position. You seem to think it is acceptable to do what you want and not adhere to clear guidance, law and recommendation from our own Government.

May I respectfully suggest you consider this final approach? Simply send the cheque as agreed in your previous letter, remove the unlawful default and walk away. Failure to comply will cost you far more than money; I will not drop this and will seek justice to the end.[/FONT]

never-in-doubt

Mate send this version! Also, change the red bit on line one with the date of his letter - good luck!

Dear Capital One,

Ref: XXXXXXXX

I write with reference to your letter dated XX September 2009, the content of which has been noted and yet again scrutinised and disregarded in whole as utter nonsense. Your clear incapacity to answer and respond to a simple request has exceeded reasonable time-lines and I feel you should now consider passing my case to your line manager for further consideration and justification into your shortcomings.

You state in your letter that "under section 78 we are not required to provide this" (default notice), but I have drawn your attention to the actual fact; and quoted the act (s.87(1) & s.88 of the CCA(1974)) to you on numerous occasions and repeatedly advise you that you do in fact have to send me a copy, your so called word does not constitute legal compliance. My next move will be seeking clarification by summoning CPR31.16 (disclosure) in which case when you fail to provide the document then I'll be awarded judgement and all costs - why push me when you know you will lose? It baffles belief and any judge will see this and damn you for allowing such a clear cut case to proceed to court.

You also state that you'll refund my charges to the 'alleged debt', again something that was never agreed by myself and will never be agreed either. The agreement was made on the understanding that you'd send a cheque to my home address payable in my name, this was accepted by yourself and thus you confirmed the £96 offer which I accepted. The terms of this agreement are to remain. I know you have a habit of breaching agreements but unfortunately on this occasion you will not succeed. May I remind you that failure to comply will result in my questioning your reasoning as to prove that the charges you offered to refund were not repaid, in what way was previous monies receipted in the account and where and how was it allocated? By the time you employ a mathematician to prove your wild accusation (that the same funds are outstanding) is bewildering and shows your clear disregard to solve problematic cases, instead opting for litigation which is evidently stacked in my favour being I want to see the document that is the only thing you would have in order to generate any defence.

For the forth time now you've ignored the main points of my replies and this nonsense should cease forthwith; as you are aware I have reported you to the regulatory authorities for investigation and in the meantime I am seeking legal guidance for your blatant abuse of power and position. You seem to think it is acceptable to do what you want and not adhere to clear guidance, law and recommendation from our own Government; let me tell you you've come up against your match this time.

May I respectfully suggest you consider this final approach, simply send the cheque as agreed in your previous letter, remove the unlawful default and walk away. I shall then advise both the ICO & FOS that I wish to drop my compliant. Failure to comply will cost you far more than money, I will not drop this and will seek justice to the end.

I trust you will see sense and respond accordingly, with positive news.

Yours sincerely,


Marcellep

ThinkingOfLinking

never-in-doubt wrote: »

Hey - hows it going?... whats wrong with your file? If you give some details, maybe we can help :beer:

All fraud; someone's managed to open cards in my name in a house I moved out of years ago, and I'm being chased for it. I've mentioned this a few times on these forums but am not really getting anywhere and I may just have to wait til it's statute barred. The only debt I actually owe is my overdraft, which I'm iwthin the limit of, and has no problems. I also have an internet contract (again, no probs with that A/C and paid by D/D so never late etc) but cannot get a mobile contract at the moment...I'm also not on the electoral roll due to trying to hide from some wierdos; once my name is legally changed, I'll put myself on the electoral roll. But I worry I'll never get a mortgage, car, or be able to get a card in an emergency because of all this.

ElkyElky

Flickering_Ember wrote: »

All fraud; someone's managed to open cards in my name in a house I moved out of years ago, and I'm being chased for it. I've mentioned this a few times on these forums but am not really getting anywhere and I may just have to wait til it's statute barred. The only debt I actually owe is my overdraft, which I'm iwthin the limit of, and has no problems. I also have an internet contract (again, no probs with that A/C and paid by D/D so never late etc) but cannot get a mobile contract at the moment...I'm also not on the electoral roll due to trying to hide from some wierdos; once my name is legally changed, I'll put myself on the electoral roll. But I worry I'll never get a mortgage, car, or be able to get a card in an emergency because of all this.

You shouldn't have to wait until it's statue barred. It's not your debt so you shouldn't be punished for it.

When you go onto the electoral roll, you can opt to have your name removed from the public register. This will stop anyone trying to find you. It's also a good idea to opt yourself out from the public register to stop cold calling companies from getting your information and calling you every day for the rest of your life.