Claim filed on MCOL for £462.99 on 4/9/06

PM a mod now you have a claim number so it can be moved to Litigation in progress Thailand. I am just revising the amounts involved in a claim against Capital One as I have calculated compound interest at their monthly rate up to mid July when I sent my prelim letter in. I am claiming s69 from mid July to now and same rate until judgement/ settlement. I am far too nice to them as the s69 rate is actually higher than the rate they were charging me.

36% is their annual APR I assume in which case the actual charging rate will be slightly lower due to the compounding element. This may explain better. Starting with a capital of £100 and a monthly rate of 2% month Capital Rate Interest Total 1 100.0 2% 2.0 102.0 2 102.0 2% 2.04 104.04 3 104.04 2% 2.08 106.12 4 106.12 2% 2.12 108.24 5 108.24 2% 2.16 110.40 6 110.4 2% 2.21 112.61 7 112.61 2% 2.25 114.86 8 114.86 2% 2.30 117.16 9 117.16 2% 2.34 119.50 10 119.50 2% 2.39 121.89 11 121.89 2% 2.43 124.32 12 124.32 2% 2.49 126.81 So the annual APR is actually 26.81% not the 24% as a simple multipe of 12x2 suggests.

If you visit Information Commissioners Office at i c o.gov.uk (remove the spaces, I added them to get around a problem posting links) you will find a form you can download and complete to register an official complaint with the Information Commissioners Office. Abbey are due a visit from them already on 12 September so it will add fuel to the fire.

The allocation questionaire is sent after they submit their defence, which they have to do within 28 days. Then you complete the AQ based on their defence.

I would sit it out and let them find it then just ammend or explain on the AQ. I am basing mine on 6 years to the date I sent SAR so most of those will probably be 6 years and 2-3 moinths. Its not our fault the process adds more time on IMHO.

Mallett, I notice in your particulars of claim thet your claiming from Nov 1999 to August 2006. Is this deliberate as its more than the 6 years statute of limitations allows.

The thought also crossed my mind that a signature could be moved onto a new agreement, but in reality it would be very easy to prove that its a forgery. The accounts I have sent CCA letters on are both from way back in the 70's so my signature has changed dramatically since then. I can produce documents with my signature from then to show what it was like. Any agreement they produce would obviously have my signature as it is today. Besides which I would automatically assume its a forgery and notify the Police very quickly. Imagine the headlines 'Credit company exec arrested for forgery' I'm not convinced any of them would go to those extremes as it would bring every transaction they ever made into disrepute.:grin:

I was planning to leave this crowd for the next wave of actions as the charges do not amount to a great deal but I sent a DPA SAR at the beginning of August in preperation which they received on 8/8/06 and cashed the cheque on 10/8/06. Today (4/9/06) I receive a letter from a DCA called AssetLink Capital claiming they bought the debt on 30/8/06. This looks to me like GE are trying to avoid their legal obligations under the DPA. I phoned AssetLink and spoke to one of their account managers who after trying to tell me the terms and conditions are lawful (where have I heard that before ) asked me to send copies of the SAR and proof of receipt so he can look into it further as no mention was made on the file. No mention was made that this is also covered by a DMP with CCCS. I told him very politely that as far as I was concerned GE know this is in dispute and my SAR stands under its original timeframe of 40 days from the 8/8/06 after which I will issue action for non compliance. I suggested it might be advisable to pass the entire file back to GE which he agreed could happen. I also told him that its obvious GE are trying to avoid their legal responsibilities and that a court was certain to agree considering the dates involved and that the account is clearly in dispute. About to draft the letter to them along with appropriate copies and detailing the reasons why it is in dispute. Watch this space, this could prove interesting.

Sounds like this is a common practice for them. I have sent a DPA SAR which they received on 8 August and the first response I have from them is today with a letter from some DCA called AssetLink Capital informing me they have bought the debt. Obviously its time to get rough with them now.

ok I need a bit of clarification here If I calculate the charges and compounded interest on a credit card with an account balance ( Which is what they are doing every month). Once I make a moneyclaim then the calculation obviously stops at that point. Can I then ask for the s69 interest up to day of judgement/settlement on the total balance ?

I am afraid its invalid without a signature, but somehow I doubt they will stoop to forgery as that will very quickly result in the Police being called in to investigate and somebody ending up in court on criminal charges. I doubt any bank or credit company want to be tarred with that brush in the media.

Looks good to me Thailand as long as it fits within the 1080 characters over 24 lines restriction so you may have to reword slightly to make it fit. One other tip, Dont post details like account number into a public forum .

I understood the 30 days included the initial 12 days ? I'll have to double check that

nope doing the same myself lol sent 2 CCA requests for credit card accounts over 25 years old, I doubt very much they can produce the document now, especially a legible one as the ink will have faded at the very least. They have probably stored them on microfiche but that needs refreshing regularly. One in fact has just sent me another complete set of statements about 6 days after they got the CCA request so go figure it out lol. They both move to default on Thursday this week.

First you have a PM with a rough guide to how I word my particulars of claim. Just change the X's to numbers. did You use the Spreadsheet supplied by Vampiress to calculate your charges and interest ? If you did then the third sheet does the 8% calculations for you. If not pm me and I can help you work it out.

Include the account number and how much your reclaiming might be a good idea as your particulars make no reference to it for them to cross check against. Submitted mine to MCOL last week against A&L Thailand and they acknowledged it on Friday so just waiting now to see their defence so I can have a good laugh

Mickey after 30 calender days from receipt they move from a default situation into commiting a criminal offence. the debt becomes unenforceable at law and is a total defence in any action they might bring against you. In reality this means that without that piece of paper they have no choice but to write the entire debt off. In some cases people have received refunds of monies paid towards the debt so it will be worth waiting a bit longer and then approaching them fro a refund.

ok this is crazy, trying to use the address Chester Business Park, Wrexham Road, Chester CH4 9FB on moneyclaim and it keeps telling me the address is outside England and Wales. Any ideas why this is folks ?

its actually very simple, the CCA letter serves 2 purposes. First it creates a situation where they cant chase the debt in any form until such time as they can prove the debt by producing the signed agreement. Secondly if they can't produce it they have no claim on the debt as it becomes unenforceable in law and they have to correct any adverse entries made against you in relation to the debt. There is a third reason of course I just like to rattle their cage as much as possible and a CCA letter does that better than anything else I have seen so far

MichFergie, calm down please and think rationally. First if you refuse to make payments they will default your account and issue court action against you. So lets deal with them correctly and within the limits of the law otherwise we descend to their level. Have you actually started the process of making a claim yet ? If not then send modified versions of the letters above and a DPA SAR by recorded delivery immediately. After that you are dictating the time frame and they have to follow it or end up with another court claim against them. Don't let your anger and frustration enter into this in anyway, that is what they want you to do as you then make mistakes, stay calm and rational at all times with them. There are plenty of people on this site who have felt the same way at some stage in the process, but we have to follow the process carefully. I regard this as a game we are playing, but now we are playing it on our terms not theirs. You can always PM me if you want help.

Again this is modified from a letter found on another thread, please adapt it to suit your own individual cases. Basically they have 12 working days from receipt to supply a copy of the signed credit agreement, after that they go into default and have a total of 30 calender days to provide it after which they are commiting a criminal act and the debt becomes unenforceable in law, so this is a very serious situation for them. Legal Compliance Specialist Capital One Bank (Europe) plc Trent House Station street Nottingham NG2 3HX 31 August 2006 Dear Sir or Madam: XXXX XXXX XXXX XXXX Consumer Credit Act 1974 s78 (1) Demand 1. I require you to supply me with a true copy of the credit agreement under which this account is conducted. 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.78 (1) for running – account credit) - your obligation also extends to providing a statement of account. I enclose a £1 cheque (xxxxxx) in payment of the statutory fee. 3. You are notified that you are obliged to supply these documents, under S189 of the Consumer Credit Act 1974. Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities. Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested. As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the Consumer Credit Act and therefore is a complete defence to any court claim that is issued. Furthermore you are reminded that under s78 sub section (6) whilst the default continues you are not entitled to enforce the agreement in law Yours faithfully

This is my variation on one I found in another thread so credit for most of it goes to the originator. Notice the last paragraph which refers to a CCA letter I am also sending to Crap1, (just for the fun of it) I'll post that in another post on this thread. Please modify and adapt to suit your own particular case. This should soon make you wonder if the phone is broken Debitas Legal Services PO Box 6459 Nottingham NG2 3FG 31 August 2006 Re: Harassment by telephone ACCOUNT NUMBER: XXXX XXXX XXXX XXXX Dear Sirs I am writing to express my serious concerns regarding both the quantity and frequency of telephone calls that I have received from your company. I have verbally requested that these stop, but I am still receiving up to three calls per day. I am now formally requesting that all further correspondence be made in writing only. I demand that these phone calls stop immediately. I am familiar with the terms of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1970 and I believe your harassment places you in breach of these acts. If you continue to call, you will also be in breach of the Wireless Telegraphy Act (1949) and, as such, I will report you to both Trading Standards and The Office of Fair Trading. You will be deemed to have been served notice of my request no later than 2 working days after postage of this letter and I am advising you that any calls received after this date will be recorded with the intention of them being used as evidence. This account is in dispute and has been for some considerable time, I enclose a copy of a letter sent today to Capital One for your reference and I advise that legal proceedings are being issued against Capital One. The implications of this letter should be obvious as any legal proceedings will be vigorously defended. Yours faithfully

OH as a sidenote I am filing my moneyclaim for Crap1 at 5am in the morning I seem to have developed a liking for middle of the night issuing court actions lmao

Had the same from Global Vantage but they stopped after I quoted the harassement and wireless telegraphy act at them. Been getting them since Saturday from Debitas (Crap1's collection agency) After telling the third caller today yet again that I dont disclose personal details to unsolicited calls from people who withhold their number I again warned her they were now seriously in breach of the various laws and that the account was in dispute and did she really want to be involved in the court action I was filing this week? She assured me the calls would stop very quickly without disclosing my information. Also you can try writing to them detailing the appropriate laws and demand the calls stop, there is a very good letter on these threads, which I have modified and sent today along with a CCA request. The CCA request should stop them dead in their tracks as they can't take any action while they are in default on it.