Paying off my cards

Tonylpool

I know they reach them in time because the following months statement confirms that they are allocated before the payment due date.

If I put a CCA request in, are they likely to push for a default?

LeeSouthEast

Personally my first step would be a phone call to ask why they're registering late payments on appropriately cleared payments...

Then CCA the !!!!!!s.

Tonylpool

Thanks Lee, thats a great help!

I'll give them a call tomorrow but as I have the money in full for them, I didnt want to risk a default by asking for a CCA

Cheers

Tonylpool

Evening guys! Hope everyone is well!

Just to let you know that I have spoken to Argos Card Services tonight and for the record they do not do F&F on any account. They will only ever mark accounts partially satisfied and leave the balance outstanding on their ledgers. They have advised though that if this was the case then they would not pursue the balance and they claim never to sell debts to DCAs.

However, I have asked them why they keep registering my payments as late and this is because they are still charging me a nominal interest rate and setting a nominal minimum payment. Needless to say the amount I am paying under the agreement does not cover this amount.

In any case, the arrears of back payments was £99.11 which I have paid with my debit card tonight. This has now taken my account off the arrangement indicator and into standard account management. They now only need the next monthly payment in January but I will be paying them another amount in December too. They will consider reinstating the account after 3 satisfactory account payments.

I have chose to not pay the full balance at the moment as if I did and they closed the account then this would have had a more detrimental effect than if I pay a few months of minimum payments which will show a series of upto date payments. Hopefully if they reinstate the account then I can pay the old balance off without constantly paying their APR and make small purchases and pay these off each month.

I feel like one weight has been lifted and thanks everyone for your support!

Tony

LeeSouthEast

Well that was a bit of a result! Good work. The power of a phone call.

Tonylpool

Deal with barclaycard tomorrow!

Tonylpool

Hi guys, hope everyone is well today!

Well I have had a response from Capital 1 today after requesting details relating to a defualt they have placed on my acount in July 2009. The balance outstanding is £650 and originally ran into difficulty in July 2006 of which I paid £3.38 per month. In July of this year, I raised the payment to £35 per month and they have subsequently defaulted me. Can they do this even though I couldnt make the minimum payments some 3 years earlier?

I used a template letter from the site and made the following request:-

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit. Your obligation also extends to providing a statement of account. I enclose a £1 cheque to cover the statutory fee.

2. Please also supply me with a signed, true certified copy of the original default notice.

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

They have sent a CCA which does not include any of my personal details, signature and date of signature saying that this does not have to be included as permitted under Reg 3 of Consumer Credit (Cancellation Notices and Copy Documents) Regulations 1983. I asumed that they can do this?

The most important thing is that they go on to state that under section 78 of the CCA Act 1974 that they do not have to provide a copy of the default notice or statement of default. They merely state that a statement of default was issued on 8 July 2009 which I have never received.

I have spoke to them on the phone today and advised that they will not be receiving the outstanding balance until this default is removed.

Does anybody have any experience of Capital 1 or this situation?

Thanks guys

Tony

never-in-doubt

Tony

Ive been arguing with Crappy1 for months now (on behalf of someone else) - see last few pages here: How to get back on the credit ladder

Its interesting, you'll probably see your letter in there somewhere! lol - they send the same crap to everyone - chickens are too scared to fight us!

Tonylpool

Thanks NID for your thread - good on you!

Do I say that until they send me the true copies then they are in breach?

never-in-doubt

Yes mate - exactly....

But have a read of some posts on that thread link, you'll recognise the pattern.....