to be honest, I can't really afford the AQ fee... so... kind of have to settle at that really.

It's got the the AQ stage... so I called the court up to say it had been settled. Just got to put it in writing today...

No they didn't.

I have copy statements and am contemplating claiming all the charges back. This account isn't exactly closed... but they don't contact me anymore... since the court appearance and all that caboodle.

At last I have debitas off my back... account payed off and closed. They (DEBIT'ASRSE') were vile... lower than the lowest!! The account finally got cleared by getting a refund on all the charges they (Capital One) had applied to my account.

Egg are actually being really good about my loss of income and bad financial situation. They have frozen my account and are accepting £1.00 which I am paying monthly... Good news is I have a new job starting in January. Phew!!!... what a relief!! As soon as I start earning again I shall pay big chunks off while the interest is still frozen or maybe ask for a final settlement figure. Trouble is though, as soon as they know I am earning again they will start adding the interest... so do I tell them when I ask if they can offer me a final settlement figure???

just realised that the 'flossiebear' post was me logged in as my dad... doh!! Anyway... so yeah... This case is now all done and dusted... money back and account closed. Phew!!! Thanks for all your help peeps. This post can now be moved to **won** please. Thanks... Maxine

Almost exchange... I just need them to comply with getting the defaults removed. Soooo glad I have had the charges and interest returned though... that clears my balance back down to zero... phew...

Thanks for that Shadow. I would like them to remove the default... as, although I am not intending on applying for any credit in the forceable future, I will need to renew my mortgage at some point and so would prefer to have the defaults removed if it is something they are able to do. I will compile a letter to Crap1 and include the information you have mentioned, thanks.

Result... Had this letter today!! http://i121.photobucket.com/albums/o217/maxine989/cap1settlement023.jpg http://i121.photobucket.com/albums/o217/maxine989/cap1settlement024.jpg So I got my charges back, plus the 29.9% contractual interest!!!! Woo Hoo!!! I assume my next step is to try and get the default information taken off my credit file... am I best to continue with the court claim until Cap1 agree to do this (as they have stated in their letter that they will not amend my credit file)? Any ideas folks??

Here's a fax number for DEBITARSE... so if you want to fax them all your ignored letters, or just annoy them by sending repeated fax's then go right ahead. 01158433328 or 01158436167

They ignore all letters... they say, when asked, that they have not received any letters. So EVERYONE…. Fax this number again and again and again with all the letters they ignore… 01158433328 or 01158436167 I intend to waste a lengthy phone call faxing them copious amounts of unwanted letters… I haven’t got a fax machine, but I intend to beg borrow or steal one over the weekend and have some fun with this fax number. Grrrr…. Please, everyone do the same!!!! Ooooo… they really get my goat. They have to be THE most annoying company of them all. Grrr… Debitas!!!

P.S. My main Cap 1 thread: http://www.consumeractiongroup.co.uk/forum/capital-one/210991-max-cap1-debt-cca-2.html#post2455452

Jeeeeeeezzzzz I have juts had a mega long conversation with Debitas. They basically admitted that they do not read any of the letters we send… they are not interested in anything other than collecting a payment. They ignore anything you write or say, other than the offer of payment. For once they couldn’t cut me off… which is what they usually do when I refuse to go through security and begin to ask them why they continue to call when they have been asked verbally and in writing not to. This time they didn’t cut me off because I called them… and I went through security and had a VERY LONG conversation (yes I know I was the one paying for it… but it was worth it to hear the splurge of nonsense they spouted). Once I had cleared security the main part of the conversation went something like this: Me: Can you put a big note on your screen stating that I have requested that you do not call this number. Debitas: But we need to make contact with you. Me: Then write to me… respond to my letters. Debitas: We need to make an arrangement with you to prevent your debt being moved onto a third party. Me: I have sent copious amounts of written correspondence… letters, income expenditure sheets, complaints, token payment offer letters… Debitas: We have not received any letters but we need to come to an arrangement on this account to prevent further action being taken. Me: But you can not take further action as this account is in dispute… I have requested to see a copy of my credit agreement… and I also am claiming back my charges equalling over £700 which is more than the debt. (I have received a CCA from Cap 1, but am not sure if it is enforceable as yet… but I didn’t tell them that bit) Debitas: You see miss Moneypennyless, this account is about to get passed onto a third party who will collect the debt if we don’t set up an arrangement today. Me: But you are not able to pass the debt on while the account is in despute and I have been trying to set up a token payment arrangement for 6 months… I have been paying £1.00 for 6 months and have been writing to you explaining my financial circumstances and loss of income for 6 months. Debitas: We have not received any payments from you and we need to set up an arrangement today. You need to pay £17.oo today and… Me: (butted in) But I have explained in my letters that I can only afford to make token payments at this time. Debitas: We have not received any letters and we need to make a payment arrangement on this account. Me: You are not listening, I have sent lots of letters asking for you accept a token payment and asking you to stop calling, it is upsetting my partner and children… you phone at tea time at bed time… in the morning when I am trying to get them ready for school… I have complained and written… blardi blar (I waffled on for ages and he did not speak.. I then noticed a clicking noise behind a very silent background… I stopped talked and the call was silent for about 60 seconds) Me: So have you cut me off now? Debitas: No Miss Moneypennyless I am still here and we need to come to some sort of arrangement on this account today. You need to make a payment of £17.00 ands… Me: … Listen, I have already explained that I am only able to offer token payments of £1.00 per month at this time… Most of out other creditors have agreed to this yey, you continue to ignore my letter and harass me by phone when I have asked you not to call… (I then went on about how we are behind with our mortgage and all that caboodle for several minutes with him being silent again… then that clicking/silent noise again) Me: SO? (a long pause) Debitas: (with busy background call centre noise) Yes Miss Moneypennyless, if I can take the payment today and… Me: You are not listening… I have no money… half the time I have to ask my mother to buy nappies for my baby and our house is awhisper away from being repossessed… Debitas: Have you filled in an expediture sheet? Me: yes… several and sent it to yourselves and Capital One directly… I have written… hang on while I look on the computer and check… one, two three… ten letters in total. And I have been making regular token payments via internet banking. Debitas: I don’t know where you are sending the letters, but we have not received any of them and we have not receive any payments. Me: right… this is the address I sent the first letter to P.O Box 6459… (then he interrupted me) Debitas: Miss Moneypennyless, we need to make an arrangement… you need to pay £17.00 today and… Me: arrgghhhhh… I can’t believe you are not listening to me (child crying in background, another hanging off my leg)… this is why I do not like dealing with on the phone and want you to correspond with me in writing because you are not listening to what I am saying and it is difficult for me to talk on the phone when my children are demanding my attention. Have you or have you not been receiving my £1.00 payments because if you are saying that you haven’t had then I may as well stop paying them. Debitas: The last payment we received was on the 7th of August 2009. Me: Earlier you said, you had not received any token payments. Debitas: We have not received a payment in September. Me: But earlier I asked you if you have received any of the regular token payments of one pound and you said you had not received any letters or any payments. Debitas: We need to collect a payment of £17.00 today and then I can make a payment arrangement with you. Debitas: But I have told you that I can ONLY OFFER £1.00 PER MONTH (said very slooowwwwwlyy). Debitas: If you would like to Fax your income and expenditure sheets to us and we will try to make an arrangement with you… when will you send the fax? Me: yes, give me the fax I will fax all the letters. Debitas: No, Miss Moneypennyless you do not need to fax the letters we just need to see your income and expenditure and we can then try and help you. Me: What’s the fax number then? And will someone be reading what I send? Debitas: Yes Miss Moneypennyless we will receive the expenditure sheets and you will get confirmation it has been received from your end. The fax number is 01158433328 and also 01158436167. Me: Thank you, good bye Debitas: I hope thing improve for you in the future, thank you for your call. Me: Yeah, whatever! So EVERYONE…. Fax this number again and again and again with all the letters they ignore… 01158433328 or 01158436167 I intend to waste a lengthy phone call faxing them copious amounts of unwanted letters… I haven’t got a fax machine, but I intend to beg borrow or steal one over the weekend and have some fun with this fax number. Grrrr…. Please, everyone do the same!!!! Ooooo… they really get my goat. They have to be THE most annoying company of them all. Grrr… Debitas!!!

re-scanned the CCA in... did this look kosher and do you guys think it is enforceable??

Jeeeeeeezzzzz I have juts had a mega long conversation with Debitas. They basically admitted that they do not read any of the letters we send… they are not interested in anything other than collecting a payment. They ignore anything we write or say, other than the offer of payment. Here's a fax number for them... so if you want to fax them all your ignored letters, go right ahead.... 01158433328 or 01158436167 This is what happened today on the phone: For once they couldn’t cut me off… which is what they usually do when I refuse to go through security and begin to ask them why they continue to call when they have been asked verbally and in writing not to. This time they didn’t cut me off because I called them… and I went through security and had a VERY LONG conversation (yes I know I was the one paying for it… but it was worth it to hear the splurge of nonsense they spouted). Once I had cleared security the main part of the conversation went something like this: Me: Can you put a big note on your screen stating that I have requested that you do not call this number. Debitas: But we need to make contact with you. Me: Then write to me… respond to my letters. Debitas: We need to make an arrangement with you to prevent your debt being moved onto a third party. Me: I have sent copious amounts of written correspondence… letters, income expenditure sheets, complaints, token payment offer letters… Debitas: We have not received any letters but we need to come to an arrangement on this account to prevent further action being taken. Me: But you can not take further action as this account is in dispute… I have requested to see a copy of my credit agreement… and I also am claiming back my charges equalling over £700 which is more than the debt. (I have received a CCA from Cap 1, but am not sure if it is enforceable as yet… but I didn’t tell them that bit) Debitas: You see miss Moneypennyless, this account is about to get passed onto a third party who will collect the debt if we don’t set up an arrangement today. Me: But you are not able to pass the debt on while the account is in despute and I have been trying to set up a token payment arrangement for 6 months… I have been paying £1.00 for 6 months and have been writing to you explaining my financial circumstances and loss of income for 6 months. Debitas: We have not received any payments from you and we need to set up an arrangement today. You need to pay £17.oo today and… Me: (butted in) But I have explained in my letters that I can only afford to make token payments at this time. Debitas: We have not received any letters and we need to make a payment arrangement on this account. Me: You are not listening, I have sent lots of letters asking for you accept a token payment and asking you to stop calling, it is upsetting my partner and children… you phone at tea time at bed time… in the morning when I am trying to get them ready for school… I have complained and written… blardi blar (I waffled on for ages and he did not speak.. I then noticed a clicking noise behind a very silent background… I stopped talked and the call was silent for about 60 seconds) Me: So have you cut me off now? Debitas: No Miss Moneypennyless I am still here and we need to come to some sort of arrangement on this account today. You need to make a payment of £17.00 ands… Me: … Listen, I have already explained that I am only able to offer token payments of £1.00 per month at this time… Most of out other creditors have agreed to this yey, you continue to ignore my letter and harass me by phone when I have asked you not to call… (I then went on about how we are behind with our mortgage and all that caboodle for several minutes with him being silent again… then that clicking/silent noise again) Me: SO? (a long pause) Debitas: (with busy background call centre noise) Yes Miss Moneypennyless, if I can take the payment today and… Me: You are not listening… I have no money… half the time I have to ask my mother to buy nappies for my baby and our house is awhisper away from being repossessed… Debitas: Have you filled in an expediture sheet? Me: yes… several and sent it to yourselves and Capital One directly… I have written… hang on while I look on the computer and check… one, two three… ten letters in total. And I have been making regular token payments via internet banking. Debitas: I don’t know where you are sending the letters, but we have not received any of them and we have not receive any payments. Me: right… this is the address I sent the first letter to P.O Box 6459… (then he interrupted me) Debitas: Miss Moneypennyless, we need to make an arrangement… you need to pay £17.00 today and… Me: arrgghhhhh… I can’t believe you are not listening to me (child crying in background, another hanging off my leg)… this is why I do not like dealing with on the phone and want you to correspond with me in writing because you are not listening to what I am saying and it is difficult for me to talk on the phone when my children are demanding my attention. Have you or have you not been receiving my £1.00 payments because if you are saying that you haven’t had then I may as well stop paying them. Debitas: The last payment we received was on the 7th of August 2009. Me: Earlier you said, you had not received any token payments. Debitas: We have not received a payment in September. Me: But earlier I asked you if you have received any of the regular token payments of one pound and you said you had not received any letters or any payments. Debitas: We need to collect a payment of £17.00 today and then I can make a payment arrangement with you. Debitas: But I have told you that I can ONLY OFFER £1.00 PER MONTH (said very slooowwwwwlyy). Debitas: If you would like to Fax your income and expenditure sheets to us and we will try to make an arrangement with you… when will you send the fax? Me: yes, give me the fax I will fax all the letters. Debitas: No, Miss Moneypennyless you do not need to fax the letters we just need to see your income and expenditure and we can then try and help you. Me: What’s the fax number then? And will someone be reading what I send? Debitas: Yes Miss Moneypennyless we will receive the expenditure sheets and you will get confirmation it has been received from your end. The fax number is 01158433328 and also 01158436167. Me: Thank you, good bye Debitas: I hope thing improve for you in the future, thank you for your call. Me: Yeah, whatever! So EVERYONE…. Fax this number again and again and again with all the letters they ignore… 01158433328 or 01158436167 I intend to waste a lengthy phone call faxing them copious amounts of unwanted letters… I haven’t got a fax machine, but I intend to beg borrow or steal one over the weekend and have some fun with this fax number. Grrrr…. Please, everyone do the same!!!! Ooooo… they really get my goat. They have to be THE most annoying company of them all. Grrr… Debitas!!!

Ahhh... I see... I wonder how many of them (DCA's) actually know what 77(6) means either??

What do we actually mean when we say: "You are reminded that should you fail to comply with my CCA request, the provisions of s.77(6) will apply." What applies should they (the banks, loan & credit card companies) fail to send a enforceable CCA??? just trying to get my head round the jargon...

Hi I am currently paying £1.00 per month to egg (although haven't paid it for almost two months as some little munchkin has lost my PIN sensory chip and pin unit in the toy box and I'm damned if I can find it)... and to be fair they have been really good concerning my financial hardship this past 6 months or so. I sent off for a copy of my CCA which I got back today... looks ok, but I am not really sure what I am looking for or what the loop holes may be. It bares my signature, which I have partially blanked out for obvious reasons. If there is anyone willing to take a look and explain to me whether this is an enforceable CCA then I would be grateful... Many thanks indeddy doo. Maxine P.S. bare with me while I check I have got the right code in... might take me a couple of edits to get them all on at the right size. http://i121.photobucket.com/albums/o217/maxine989/eggcca012.jpg http://i121.photobucket.com/albums/o217/maxine989/eggcca013.jpg http://i121.photobucket.com/albums/o217/maxine989/eggcca014.jpg http://i121.photobucket.com/albums/o217/maxine989/eggcca015.jpg http://i121.photobucket.com/albums/o217/maxine989/eggcca016.jpg you can zoom in on the image once you have opened the link.

Hi everyone Another week of paperwork and letter writing ahead... so many things to remember. Just wondering - Is it feasible for me to now go ahead and claim the unlawful charges that were applied to the two Natwest accounts that have now been closed? I have the copy statements and the charges total almost 2 grand. This wouldn't be anything to do with the loan account, but the two Natwest accounts which they combined the overdrafts of with the outstanding loan when they tried to take me to court. I know bank claims are stayed... but is it worth me getting the claim ready and waiting for the result of the final stage of the test case??

Top letter Vint

I would say it's one of there scare tactics to get you to call them. If you can be bothered, I would respond in writing stating something like: Dear Debitas With regards to your letter, dated XX/XX/XXXX. I am somewhat bemused that Debitas feel I have 'failed to take any action regarding my debt' considering the amount of written correspondence that I have sent to Debitas regarding this account. I am still waiting for letters dated XX/XX/XX and XX/XX/XX to be addressed. I would also like to remind you that I require all further correspondence from your company to be made in writing only and that harassing me by telephone will put you in breach of the Communications Act (2003) s.127. In addition, passing the debt onto on an external debt collection agency while the account is in dispute would be not only be in breach of the Consumer Protection From Unfair Trading Regulations 2008 in line with the Office Of Fair Trading's debt collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998. Yours truly, debtuptomyeyeballs

Debitas are relentless... I have sent letter after letter after letter... and have tried to discuss the harassment when they call, but then they just hang up!! Soooo frustrating. I tell them that the calls are being recorded and ask for them to stop calling, they just keep repeating the name of the person they are after like some crazed robot. I hope you have some luck getting them off your back.

Guys... I've done my N1 and am claiming contractual interest (as I stated in my LBA)... or the 8% in the alternative. I claimed contractual interest once before on a credit card claim, back in 2007... and won. But I am using a new computer since then and don't have all the bumf from before to look back on. I am not sure how to amend my POC accordingly. Do I put something like this: (2) Payment of the said sum of £404.00 and interest of £324.47 (29.9%) applied by the Defendant thereon. The claimant claims this interest back on the basis of reciprocal interest. This is the whole POC so far: PARTICULARS OF CLAIM 1.The Claimant entered into an agreement (“The Agreement”) with the Defendant on or around XX/XX/XXXX, whereby the Defendant was to advance credit facilities to the Claimant under a running credit account, Account no XXXXXXXXXXXXXX (“The Account”). 2. “The Agreement” essentially consisted of the Defendant providing the Claimant with a credit card (“The Card”), which would allow the Claimant to make purchases and receive cash advances on credit. In return the Defendant was entitled to charge interest at the published rate. 3. The Agreement was a Regulated Agreement for the purposes of the Consumer Credit Act 1974. 4. At all material times the contract was subject to the Defendant’s standard terms and conditions, which could be varied from time to time. Summary 5. Throughout the course of the Agreement, the Defendant has added numerous default charges to the Account for the Claimant’s failure to make the minimum payment on the due date and or for exceeding the credit limit and or if a payment is returned. (Full particulars are set out in schedule 2). 6. The default charges were applied in accordance with the standard terms of The Agreement which were: a). A penalty payable on breach of contract and thus unenforceable: and or b) An unfair term under the Unfair Terms in Consumer Contracts Regulations 1999 (“The Regulations”) and therefore not binding on the Claimant. 7. The Claimant is accordingly entitled to repayment of the sums wrongly added to the Account. The Charges 8. The standard Terms of the Agreement in substance provided as follows: (a) The Defendant would provide the Claimant with the Card. The Claimant was entitled to use the Card to make purchases and receive cash advances up to a credit limit (“the Limit”) set by the Defendant. The Defendant could unilaterally change the Limit by giving the Claimant notice in writing. (b) The Defendant was entitled to charge interest on the purchases and cash advances at the published rate. © The Claimant was to pay the minimum payment of 3% of the amount owed or £5 (whichever was the greatest) by the due date as notified in the monthly statements. (d) In addition the Defendant was entitled to charge default fees (“the Charges”) where the Claimant exceeded the Limit, did not pay on the due date, had a credit cheque returned or had a payment returned. The Charges are currently £12. Prior to 2006 the Charges were £20. Penalty 9. The Charges were payable on breach of contract by the Claimant. 10. The amount of the Charges exceeded any genuine pre-estimate of the damage which would have been suffered by the Bank in relation to the Claimant’s transgressions. 11. In the premises the Charges were punitive and a penalty and thus unenforceable at common law. The Regulations 12. At all material times the Claimant was a consumer within the Regulations. 13. At all material times the terms of the Agreement providing for the Charges were unfair within regulation 5 of the Regulations in that contrary to the requirement of good faith they caused a significant imbalance in the parties' rights and obligations to the detriment of the Claimant. 14. Without prejudice to the burden of proof, the Claimant will refer to the following matters in support of the contention that the terms are to be assessed as unfair as at the time of the conclusion of the Agreement, and of each revision to the Standard Terms. (1)The terms relating to Charges were standard terms; they would not be individually negotiated. (2)The Charges were a penalty for breach of contract. (3)The Charges exceeded the costs which the Bank could have expected to incur in dealing with the exceeding of the credit limit, late payment or returned payment. (4) Accordingly the Charges were a disproportionate charge incurred by the Claimant for their failure to meet their contractual obligation and thus within the ambit of Schedule 2 (1) (e) of the Regulations and indicative of an unfair term. (5) As the Defendant knew, the Charges were of subsidiary importance to the customer in the context of the Agreement as a whole and would not influence the making of the Agreement. (6) As the Defendant knew, the Claimant had no means of assessing the fairness of the Charges. (7) In the premises, the effect of the Charges would be prejudicial to the customer who incurred them, and cause an imbalance in the relations of the parties to the Agreement by subordinating the customer’s interests to those of the Defendant in a way which was inequitable. 15. Without prejudice to the burden of proof, the Claimant will contend that the terms imposing the Charges are not core terms under regulation 6 of the Regulations and relies on the following matters. (1) The assessment of fairness does not relate to terms which define the main or core subject matter of the Agreement. (2) The assessment of fairness does not relate to the adequacy of the price or remuneration as against the goods or services supplied in exchange (in other words, whether or not the relevant services were value for money). (3) The Charges are correctly described as default charges by the Defendant in the published tariff of charges. 16. By reason of the said matters the terms were not binding under regulation 8 of the Regulations. 17. The Defendant wrongly applied Charges to the Account totaling some £404.00 between 22/05/2006 and 29/7/2009. Particulars appear from Schedule 2. 18. On the 20th August 2009 and the 3rd of September 2009 the Claimant demanded repayment of the sums wrongly applied. 19. The Defendant has not repaid them. And the Claimant claims: (1) A declaration that the sums totaling £404.00 have wrongly been applied to the Account (2) Payment of the said sum of £404.00 and interest of £324.47 (29.9%) applied by the Defendant thereon. The claimant claims this interest back on the basis of reciprocal interest. (3) Interest under section 69 of the County Courts Act 1984 at the rate of 8% per annum from the date of payment of the Charge to date in the sum of £57.94 and at the daily rate of 10 pence until judgment or sooner payment. (4) Court costs of £65.00 I believe that the facts stated in these particulars, comprising of 4 pages, are true. Signed Dated

The judge said, as both parties have incurred unnecessary cost she wouldn't be awarding costs to either side.