enforeceable capital one cca?

[beachcomber60]

Subscribing

 

Beachy

[sussex1]

bump...anyone got ani ideas or suggestions?

 

thanks in advance

[42man]

To be honest Sussex, you could probably argue with them until you are blue in the face, in the hope they might write this off....however you would seem to be in a strong position....no defaults, no notices of assignment, etc, - it could be a good chance to offer them a severely reduced F & F...(but get it in writing)...

[sussex1]

Hi

 

presumable I would contact Robinson Way (who have bought the debt and Cap Onehave provided screen shots that say this) re this and say something along lines Cap One, or them for that matter haven't provided xyz in relaion to my SAR and so unenforceable but in an effort to settle am prepared to offer 123?

 

Wonder if they are in Chrismas spirit yet, debt is £9k and I think I will pitch in at £1k

[The GodMother]

Oh thtas what you got.

 

I got a list of THIS years T&Cs as part of my CPR request.

[sussex1]

i really don't think they are consistant as to what they send and its all a bit ad hoc on their part. I'm just hoping I can use it to my advantage and get a good deal off R Way.

 

i think they know they have bought a duff one as they bought up a discount already

[The GodMother]

Well i will be taking my request to the courts. I am thinking of it being a unless order.

[sussex1]

To be honest Sussex, you could probably argue with them until you are blue in the face, in the hope they might write this off....however you would seem to be in a strong position....no defaults, no notices of assignment, etc, - it could be a good chance to offer them a severely reduced F & F...(but get it in writing)...

 

Hi

 

sorry for delay been v busy at work. I have constructed this to send to Rob Way

 

I refer to our previous correspondence and confirm I have now heard back

from Capital One.

 

It is quite clear that neither they nor you are able to provide a true copy

of the properly executed credit agreement in relation to this alleged

account.

 

You stated in your letter dated 23rd October 08 you "are not prepared to

enter into repetitive correspondence regarding this matter" and as such I do

not propose to repeat the reasons as to why what you have supplied is not

enforceable.

 

I am however keen to bring an end to this matter now and to that end am

prepared to offer a full and final payment of £1000.

 

This offer is made on the conditions that:

 

1. You mark this alleged debt as being settled in full with a zero

balance with any credit agencies you use.

2. Neither you or Capital One pursues me for the balance of this

alleged debt.

3. Neither you or Capital One tries to sell the balance of this alleged

debt to any other organisation.

 

I require your written acceptance of this offer and agreement to the

conditions I have stated. Upon receipt of this I will arrange payment within

14 days.

 

If you are unable to agree to these terms then please consider my offer as

being withdrawn and at that time I will continue to dispute the account in

full.

 

in anticpation of them refusing I'm thinking I should get this off to Cap One

 

I note you have stated you are dealing with my request for transcripts of recordings of any telephone conversations separately and wait to hear further in this regard.

With all due respect, you appear to have failed to send the majority of the information I requested in my letter dated 20th October 08.

I would refer you to this letter and in particular requests numbered 1,3,4,5,6,7,8 and 9 which have not been answered.

I would be most grateful to hear from you in relation to all of these points. If you are unable to provide any of the information or documentation requested, please confirm this and the reasons why.

I also note in your letter you state "the information you provided to us on your application would have been checked". Do you still have my application? If, so I would also request a copy of this.

As you are aware you are required to supply this information within 40 days of receiving a properly executed request. This request and payment was received and signed for by your company on 23rd October 08. As such this period has now expired and as such, I await your response by return of post.

 

Do you think these are ok and include all that should be there?

 

All views grateful received, this is the furtest i have got with any of my creditors and i'm now a bit uneasy

 

regards

[sussex1]

any views?

 

thanks

[42man]

Looks good.....

[42man]

You might like to ask them also (as part of the deal) if they will remove any adverse information as well that they have added to your credit records....!!

[sussex1]

Robinson Way have been pretty quick off the mark in replying to above letter with

 

http://i297.photobucket.com/albums/mm223/sussex1/rwy1712.jpg

 

Cap one, haven't responded. I'm pretty confident that what they have is not enforecable and am tempted to go back along the lines of:

 

I note my offer has been declined and as per my previous letter, please consider this withdrawn

 

to reiterate one last time the doc you have provided is unenforeceable as xyz (i'll put this in later).

 

Until such time as an enforecable CCA is supplied i have no further comment to make

 

however I'm aware things can get a bit tactical and wonder if this is the best way? Should i wait to hear from cap one to strenghthen my hand ?

 

thanks again

[sussex1]

further to my previous post, anyone got any views on how best to proceed on this one?

 

Is it best to wait for reply if any from Cap One or should i go back to Rob Way now?

 

thanks

[The GodMother]

Tell robin way that the offer has been made directly to C1 and you are waiting for a reply that may annoy them but at least it should get them off ur backs for a while.

[sussex1]

sorry godmother but the offer was made to rob one who have bought the debt from cap one. I'm waiting for a reply from cap one to my full SAR

 

thanks

[sussex1]

I have confrimed to Rob Way my offer has now been withdrawn and referred them to previous letters where I have stated how and why the doc supplied is not enforecable.

 

I have also chased up the full Subject Access Request from Cap One direct.

 

I have been reading other threads and may be clutching at straws here but have found the origianl default notice and letterof termination from Cap One from Jan and Feb 06, prior to me making redued payments to them and Debitas.

 

http://i297.photobucket.com/albums/mm223/sussex1/capone2601061-1.jpg

 

http://i297.photobucket.com/albums/mm223/sussex1/capone2601062.jpg

 

http://i297.photobucket.com/albums/mm223/sussex1/capone110206-1.jpg

 

 

 

Can someone have a look over them to see if all is present, correct and that they full comply. If they don't any suggestions as yo my next move? As I understand it if they are incorrectly issued all I am liable for is the overdue amount but I am far from certain on this paritcualrly as the debt has been sold.

 

thanks again

Sussex

Edited January 15, 2009 by sussex1

[sussex1]

bump, anyone got a view on this?

thanks

[creditcardmug]

The 1st two scans are not a Default Notice in the Prescribed Form, and therefore would be a complete defence in itself.

 

The 3rd scan is merely saying that they have terminated the agreement in accordance with the "invalid DN".

 

So really its all a lot of nonsense, as is usual with Cap1:)

[sussex1]

The 1st two scans are not a Default Notice in the Prescribed Form, and therefore would be a complete defence in itself.

 

The 3rd scan is merely saying that they have terminated the agreement in accordance with the "invalid DN".

 

So really its all a lot of nonsense, as is usual with Cap1:)

 

 

CCM

 

Cap One sold the debt out of the blue in July 08 to Robinson Way and we have been arguing ever since as to the CCA aspect. As they have bought a debt for an account with an improerly executed default and then termination notice is this something else I can attack them with do you think?

 

thanks

[creditcardmug]

Well since there was never a valid DN, and therefore the termination notice also invalid, they aren't allowed to try to enforce it (that's the theory anyway).

 

One good thing if Robway (who we assume are now the owner of the debt), tried to issue a court claim, they would LOSE.

[sussex1]

Well since there was never a valid DN, and therefore the termination notice also invalid, they aren't allowed to try to enforce it (that's the theory anyway).

 

One good thing if Robway (who we assume are now the owner of the debt), tried to issue a court claim, they would LOSE.

 

 

Do you think this is worth raising with Rob Way now in an effort to bring things to a head or even at this late stage could they rectify things?

 

On reading other threads, as I understand it once an account has been terminated, and the default notice was not properly executed, they can only chase i think overdue amounts. I'm not entirely certain I do have it right though

[creditcardmug]

Just read thro the whole thread again, its not really a good idea to tell them what is exactly wrong with their docs, its best to hit them with it once its in court, when you do your defence.

 

I see you want to try and get a low F&F figure, if i were you i would ignore them for a while and wait for a letter before action, these usually contain F&F offers.

 

Are you still paying them?

 

Have you had Notices of Assignment from them both?

 

If it was me i would let them issue a claim, their case would be hopeless.

[sussex1]

Just read thro the whole thread again, its not really a good idea to tell them what is exactly wrong with their docs, its best to hit them with it once its in court, when you do your defence.

 

I see you want to try and get a low F&F figure, if i were you i would ignore them for a while and wait for a letter before action, these usually contain F&F offers.

 

Are you still paying them?

 

Have you had Notices of Assignment from them both?

 

If it was me i would let them issue a claim, their case would be hopeless.

 

thanks for helping on this CCM, i'm not sure i have the correct notice of assingment from both of them and was hoping this would have been included in the reply to my full SAR to Cap One. I've asked them to confirm by return what they have got *(they are way past the 40 days). Guess as far as Rob Way go, I just wait their next move

 

thanks again

[sussex1]

I have today received letters from both Cap One and Rob Way

 

Cap One

 

think they have sent me all they have or have to (they no longer own the debt). They have openely admitted that they no longer hold a copy of the original statement of default. (i have this and we fell as above it was not properly executed)The have however conveniently forgot to say if they have my application they have previosuly efered to.

 

The full response is:

http://i297.photobucket.com/albums/mm223/sussex1/capone220109-1.jpg

 

http://i297.photobucket.com/albums/mm223/sussex1/capone2201092.jpg

 

Rob Way have sent this:

http://i297.photobucket.com/albums/mm223/sussex1/robway220109-1.jpg

 

I think I should send to them the letter referred to in this thread

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html

 

I'm pretty confident that if Cap One dont have the original agreement as they dont ave the defaul noice from some years later but am unsure how this would sit with Rob Way. When they buy a debt do they actually need this and the termination notice?

 

Also re their comments that i have made paymens since it was defaulted, are they correct? I think you can ask them to prove the debt at any time regardless of any paymens made to that date.

 

All views and/or guidance greatfuly received

[creditcardmug]

You are getting nowhere arguing with them, as are all the other posters on here,including me, have you thought of ignoring them, if they feel they have a strong enough case they will issue a claim, then you can defend against it properly, without all this constant nonsense.