AA99 v Capital One

[AA99]

Freds emailed me today, thank for the info, placed account on hold for 21 days. Please update them when I have received a response.

 

 

:eek:

[AA99]

This account has a credit limit of £200 ! I haven't bothered to open a thread on its own because of that! However, OH opened this account in May 2005 and had a credit balance from March 2006 to May 2008. It was used, regrettably, to withdraw £200 cash in June and of course the cash advance fee of £6 plus interest took him over the limit, that's when the charges started. I immediately paid the over limit amount in August as requested but since that time charges are now at £120.

 

Wrote on 8th September with I&E form and offer to repay the £200 at £20 p.m., the same as all creditors.

 

Wrote again on 21 October, bumping for a reply, asking for refund of charges and telephone harrassment. Received an acknowledgement to this letter on 5 November full of sympathy but they prefer to speak on the phone, could we phone them.

We wrote on 5 November requesting full refund of charges.

Letter received 12 Nov offering to refund 1 x £8.

Notices of Default sums received all through December.

 

We wrote 07 Jan 2009 requesting CCA, issued LBA and Rejected Refund offer.

Letter dated 08 Jan, received 13 Jan, Notice of Default served under section 87 (1) of the CCA 1974, giving 28 days to pay full amount over limit (their own charges of £120!)

 

Haven't had time to update my call recorder log but the calls have been endless and very rude.

[AA99]

Herewith a copy of my Final LBA/CCA/Reject Charges sent on 7 Jan 09:

 

 

And herewith a copy of their pathetic response dated 13 Jan 09, received today 21 Jan 09! :

 

 

[AA99]

In response to my letter of 07 Jan, which included CCA, Reject refund, and LBA threat, today received the following:

 

 

 

 

[AA99]

Any comments before I post this reply please:confused:

Ellie Renshaw

Executive Officer Manager

Capital One Bank plc

P O Box 5282

NOTTINGHAM

NG2 3HX

Dear Ellie

ACCOUNT NO. XXXXXXXXXXXXXXXXX

I am in receipt of your letter of 13 January, only received on 21 January.

This was in reply to my letter of 7 January to you wherein I accidentally misquoted the above account no. by 1 digit. It seems unfortunate that you were unable to trace my account by either my name, address, or even your own letter reference no. in my letter.

However, I would confirm that the Account No. quoted in the heading on this letter is now correct and as this letter is posted First Class with a Certificate of Posting, I should appreciate a written response very shortly.

Yours sincerely

AA99’s OH

[AA99]

OH Account - £200 credit limit

96 calls from 26 November 2008 - 31 January 2009

47 call in January alone!

[davey77]

I'd start emailed the news papers and BBC watchdog including the call log.

[AA99]

Any comments before I post this reply please:confused:

 

Ellie Renshaw

Executive Officer Manager

Capital One Bank plc

P O Box 5282

NOTTINGHAM

NG2 3HX

 

Dear Ellie

 

ACCOUNT NO. XXXXXXXXXXXXXXXXX

 

I am in receipt of your letter of 13 January, only received on 21 January.

 

This was in reply to my letter of 7 January to you wherein I accidentally misquoted the above account no. by 1 digit. It seems unfortunate that you were unable to trace my account by either my name, address, or even your own letter reference no. in my letter.

 

However, I would confirm that the Account No. quoted in the heading on this letter is now correct and as this letter is posted First Class with a Certificate of Posting, I should appreciate a written response very shortly.

 

Yours sincerely

 

AA99’s OH

 

 

Reply from Ellie today dated 6 February. Thanks for informing us the correct account no. however, you have not enclosed your original letter and so I am unable to address your concerns. To explain, when we receive a letter we attach it to the associated account. As we did not have your account number we were unable to do this and I can not locate your letter.

 

The letter in question was of course, my CCA request with £1 p.o. plus Rejecting their offer of £8 refund of charges, plus LBA giving 14 days to comply.

 

Executive Office Manager - my A***

[AA99]

Gosh, Ellie seems to be getting very confused! Today, 11 Feb, I received another letter dated 13 Jan, enclosing a copy of my CCA. This comprises one sheet back to back of a general CCA and it has a footnote at the bottom saying:

 

This document sets out the current terms of your agreement with us. This document includes information under the headlines 'APR' and where applicable 'Total charge for credit' which do not necessarily reflect your current terms but were the case at the time your account was set up.

 

Also enclosed is a glossy leaflet with T&C's.

 

Also enclosed is a Complaint Settlement Form addressed to somebody else with a different amount to the one I've rejected Tut tut Executive Office Manager:eek:

[AA99]

Their response to my CCA request dated 13 Jan, received today 11 Feb 09:

 

What does all this mean

 

 

 

 

And the statement of default that was issued:

 

Edited March 1, 2009 by AA99
personal info!

[AA99]

When I received this gobbledy gook this morning, I went straight round to local courts to pick up N1's. They didn't know what that was:???:but soon found out:mad: After reading through everything, I looked at MCOL but am having trouble with wording my claim, and this is as far as I got:

 

This organisation are accused of breaching

the Unfair Terms in CCR 1999, OFT regulations

April 2006 by applying excessive charges and

interest. Non-compliance of s.77/78 of

CCA1974 by not providing a copy of my

agreement. Breach of CPUTR2008 . Breach of

Telephone Harassment Act with 32 telephone

calls in 2 months, mostly from secret numbers

and silent calls, causing much distress in

the household.

 

 

Can anyone assist?

[the_shadow]

When I received this gobbledy gook this morning, I went straight round to local courts to pick up N1's. They didn't know what that was:???:but soon found out:mad: After reading through everything, I looked at MCOL but am having trouble with wording my claim, and this is as far as I got:

 

This organisation are accused of breaching

the Unfair Terms in CCR 1999, OFT regulations

April 2006 by applying excessive charges and

interest. Non-compliance of s.77/78 of

CCA1974 by not providing a copy of my

agreement. Breach of CPUTR2008 . Breach of

Telephone Harassment Act with 32 telephone

calls in 2 months, mostly from secret numbers

and silent calls, causing much distress in

the household.

 

 

Can anyone assist?

 

 

Dont dispair AA99, your about 4-5 weeks ahead of me in the process I received the same "gobbledygook" in the post today which claims to be a response to my Section 78 request... I'm awaiting my SAR response to get an idea of charges and possible PPI re-claiming.

 

Prob best to look through the other capital one threads in this section and look for ones that have gone to court, usually the N1 POC (particulars of claim) are posted for everyone to copy and use. Or sometimes in the stickys above the forum theres a reclaiming charges POC ready to use.

 

You could have gone oneline to get the N1 form, fill it out and then print it.. would have saved you some shoe leather :):)

 

Best of luck and subscribing to this so we can teach the nasty Ellie Renshaw and cohorts a lesson or two:D

[AA99]

Pmw, thanks so much for your contribution. I have actually looked in depth at the online N1 and printed it off, also have read as much as I can on here. There is so little space to state one's case though so decided that doing it online through MCOL was easier. Still came unstuck with the wording. As we are living on benefits, I also feel I may just try and get a solicitor in here or hand it all over to the CAB, even bankruptcy sprang back to mind again tonight. My patience and family's health are running thin now.

[AA99]

Have just looked up on here in the Statutes Library what Cap One quoted in their letter below and found this under the Consumer Credit Regulations 1983, Regulation 3:

 

3 General requirements as to form and content of copy documents

(1) Subject to the following provisions of these Regulations, every copy of an executed agreement, security instrument

or other document referred to in the Act and delivered or sent to a debtor, hirer or surety under any provision of the Act

shall be a true copy thereof.

(2) There may be omitted from any such copy--

(a) any information included in an executed agreement, security instrument or other document relating to the debtor,

hirer or surety or included for the use of the creditor or owner only which is not required to be included therein by the

Act or any Regulations thereunder as to the form and content of the document of which it is a copy;

(b) any signature box, signature or date of signature (other than, in the case of a copy of a cancellable executed

agreement delivered to the debtor under section 63(1) of the Act, the date of the signature by the debtor of an

agreement to which section 68(b) of the Act applies);

© in the case of any copy of an unexecuted agreement delivered or sent to the debtor or hirer under section 62 of

the Act, the name and address of the debtor or hirer; and

[(d) in the case of any copy of an executed agreement given to the debtor under section 77(1) of the Act for fixedsum

credit, or under section 78(1) for running-account credit, under which a person takes any articles in pawn, any

description of the article taken in pawn.]

This is a new one to me and am waiting for a banana to explain their tactics here?!:confused:

[davey77]

They are obviously stalling but i guess all you can do is send the lot of (again). By recorded as usual.

[AA99]

I have just learned a bit on another thread from Red regarding my situation and have just posted my update on her thread so will paste it below:

 

I first started corresponding with Capital One in writing in October 2008. I have this week also received the same CCA request , also from Ms (non-existant) Ellie Renshaw. The letter, same as yours, was dated 13 January and I received it 11 Feb, oh, and gosh, I kept the envelope:lol:

 

I also responded to my other Cap1 acc today with a letter telling them to pay up, sod off, or I shall proceed with my N1 claim which I have started. Also mentioned that I intend to go to court because I have recorded 101 calls from them in 7 weeks, for my own use, and shall produce them in court in my defense of their breaking Data Protection Act, CCA, Subject Access Request and Unfair Debt Collecting practices.

 

For the first time I haven't used a template letter because I think I now know my rights and have had a gutsful. Resorted to irate housewife tactics and let rip I sent it Recorded Delivery of course and the PO couldn't verify the address of course, all the better:lol:

[AA99]

I have just learned a bit on another thread from Red regarding my situation and have just posted my update on her thread so will paste it below:

 

I first started corresponding with Capital One in writing in October 2008. I have this week also received the same CCA request , also from Ms (non-existant) Ellie Renshaw. The letter, same as yours, was dated 13 January and I received it 11 Feb, oh, and gosh, I kept the envelope:lol:

 

I also responded to my other Cap1 acc today with a letter telling them to pay up, sod off, or I shall proceed with my N1 claim which I have started. Also mentioned that I intend to go to court because I have recorded 101 calls from them in 7 weeks, for my own use, and shall produce them in court in my defense of their breaking Data Protection Act, CCA, Subject Access Request and Unfair Debt Collecting practices.

 

For the first time I haven't used a template letter because I think I now know my rights and have had a gutsful. Resorted to irate housewife tactics and let rip I sent it Recorded Delivery of course and the PO couldn't verify the address of course, all the better:lol:

[willtheywontthey]

subscribing.

[willtheywontthey]

subbing

[42man]

Is that what they are calling a default notice ?

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/132160-really-confused-3.html

[AA99]

Thanks 42man, but what's with this Reg.3 we're all having thrown at us now for the absence of a CCA:confused:

[AA99]

2 replies received today from our beloved Ellie Renshaw, one dated 24 Feb, one dated 20 Feb:

 

Apologies, no procedure to attach documents:confused:

Edited March 1, 2009 by AA99
personal info!

[AA99]

Have just looked up on here in the Statutes Library what Cap One quoted in their letter below and found this under the Consumer Credit Regulations 1983, Regulation 3:

 

3 General requirements as to form and content of copy documents

(1) Subject to the following provisions of these Regulations, every copy of an executed agreement, security instrument

or other document referred to in the Act and delivered or sent to a debtor, hirer or surety under any provision of the Act

shall be a true copy thereof.

(2) There may be omitted from any such copy--

(a) any information included in an executed agreement, security instrument or other document relating to the debtor,

hirer or surety or included for the use of the creditor or owner only which is not required to be included therein by the

Act or any Regulations thereunder as to the form and content of the document of which it is a copy;

(b) any signature box, signature or date of signature (other than, in the case of a copy of a cancellable executed

agreement delivered to the debtor under section 63(1) of the Act, the date of the signature by the debtor of an

agreement to which section 68(b) of the Act applies);

© in the case of any copy of an unexecuted agreement delivered or sent to the debtor or hirer under section 62 of

the Act, the name and address of the debtor or hirer; and

[(d) in the case of any copy of an executed agreement given to the debtor under section 77(1) of the Act for fixedsum

credit, or under section 78(1) for running-account credit, under which a person takes any articles in pawn, any

description of the article taken in pawn.]

This is a new one to me and am waiting for a banana to explain their tactics here?!:confused:

 

Bump please:-( Was this reg amended in 2004 or not ?

[AA99]

Replied to both letters:

 

Rejected offer of £8 refund, said I'd spent more than that on recorded delivery letters since November 2008.

 

Advised that CCA request letter together with £1 postal order was sent on 07 January 2009, signed and received by them on 08 Jan

 

Advised that 124 calls received in 94 days so shall be using them to persue my claim.

 

Letter copied to Debitas who seem to be unaware of any correspondence between us :-|

[Curlyben]

In answer to your question, no.

What they are saying may well be correct, but the documentation they send must still have all the prescribed terms present.

 

This seems to be a new tactic from Cap1, they obviously have realised that their "agreements" aren't compliant.