Threatening letter from Cap One

[carpinjoy]

Hi claggers,

I have had a C1 card since 2005, outstanding around 6K, requested help from CCCs who told me they could not put me on a Debt Management Scheme because I did not earn enough money, done a I&E with them and they sent out there recomendation to forward to all my creditors. I have put in place standing orders to all of them,all have accepted this bar C1 who want to see last 3monthes bank stats, proof of any benefits plus mine & partners wage slips this I think is too much of my personel inforfation been passed over,also none of the others requested anything so I have not sent it ,allthough I have still set up the standing order to them. now that is the background.

I have phoned C1 and requested a copy of my agreement over 2 weeks ago,I was told over the phone 7_10 days as to date nothing has come. Sent a CCA request yesterday, and recieved a nice threatening letter today demanding hundreds of pounds or else: terminating account, arranging there agents to visit my home,etc. Now should I respond to this letter or wait to get my CCA sent to see if it is enforcable. Good luck to all.

[the_shadow]

Hi Carpinjoy, couple of questions:-

 

Have you received a default notice at all? Are you able to scan in the letter you have received and post it up here minus all personal info.

 

As to what Crap1 want, I'm afraid they make people jump through hoops to go on reduced repayment schemes... but they are NOT entitled to anything, its up to you if you supply it or not... as to your partners wage slips they can go whistle.. debts are personal.

 

Basically they are trying to get as much information about you as possible, this in all likeliness determine the next stage if you cant continue repayments.. .i.e. houseowners score more than just someone renting etc. I'm sure they'll ask the value of your car as well and other such rubbish questions that have no bearing with your ability to make a reduced monthly payment to the leeches.

 

S.

 

..oo another couple... did you take out the application online or via a paper application?

 

Are there any unfair charges on this account that you can reclaim back to offset the balance?

 

S.

[carpinjoy]

Thanks for the help shadow, tons of charges being levied on the account, paper application, waiting now for CCA to arrive (some hope eh) I will try and post up the letter. With so much going on with so many cards hard to concentrate on one, should I try and claim the charges back now or wait to see if what they send me is enforceable, if it is not then I shall stop the standing order that I have put in place. I was told by CCCS to put it in place even if the crediters said no, because it showed willingness to pay.default noticees on all cards just to complicate things.

Edited June 18, 2009 by carpinjoy
missed something out

[the_shadow]

Ok well Crap1 dont usually send out the agreement, instead you'll receive a mock-up of what the ideal agreement would look like but importantly minus your signature obviously.

 

If the charges will help lower the balance I'd go after them to be honest.

If you dont have all the statements means a subject access request which costs £10 and they have 40 days to comply. If you do then its a case of knocking up a schedule of charges in the excel spreadsheet in the templates library. A couple of letters to crap1 demanding the money back and possibly a court claim initiated and then if form is correct a payment after they file the defence.

 

If you are being chased/hassled by crap1 at the moment advise them you are speaking to a debt charity at present and that you require them to hold off for 30 days as per the governments initiative on helping debtors, put this in writing to them and send recorded delivery.

 

S.

[carpinjoy]

I will take on board everything that you have said, look for all of the statements, and spend some time toting up, thank you for your help and support shadow it means a lot to me. be in touch when I get the ball rolling

[the_shadow]

Not going anywhere

 

 

Unless I win the lottery of course

 

S.

[carpinjoy]

I have tried to upload from photobucket to no avail, can I have some help please, I have got the letters ready to put onto this site but cannot work out how to transfer from photobucket to here, and then from this main site to the approriate section. can someone please lend a hand with this as you will have gathered my computer skills leave a lot to be desired. many thanks and keep winning lads and lassies

[carpinjoy]

HOORAY, got my CCA from cap1 this morning and had a good laugh, it states on one letter that what they have sent is a copy of my credit agreement in accordance with section 78 cca act 1974, then on another peice of paper they state that (this is your original agreement), and if any terms have been varied, then the copy agreement will include the updated terms. No signature box, or date. They have quoted Regulation 3 1983. In the top right hand corner under Key Information isDefault sums all at £12. I only wish I could post it up for you, but as will see from the previous thread I dont have a clue on the photobucket thingy. What is my next step (account in dispute letter or something else. Please help.

[diamondgirl]

Have you tried to scan it to your desktop and then copy and paste onto your thread?

I have problems with photobucket myself but I know thats my old mac that I'm using.

DG

[carpinjoy]

Finally sussed it, docs will follow

 

please have a look and let me know the next steps

[sunflower99]

please have a look and let me know the next steps

Hi Carpinjoy!

I got exactly the same from crap one to start with !

[carpinjoy]

Hi sunflower99, do I do the same with this lot as I am going to do with I.F. I have had this card since 2005, getting lots of hassle from them, allthough I am presuming empty threats, they are not scary enough to worry me just the opposite they make me angry. I have an outstanding balance of 4000+ so going for charges is not going to do the job. Why pay the tight gits if they have got it wrong with the CCA. Hi to all.

[sunflower99]

Hi Carpinjoy!

yes you could send one of those letter i put up on your other thread! as situation exactly the same that they sent you unsigned ts and cs.

I meant to say best not to sign any letter you send to these DCAs if you can help it! Always best to just print your name Dont sign them!

Crapital one always start of sending unsigned ts and cs and in my case after a couple of letters they went on to send back a copy of my signed application form which i dont believe is enforcrable and have put account in dispute! Mine refers to a term that is not there and i think they shreeded a lot of their original agreements which will give them problems as they can be compelled to bring original to any court hearing !:Di think mine a microfilch copy!

 

Personally !i think it worth writing to them again to try and get everyhing they have on you as always best to be prepared so you dont get any surprises.it looks like you in early stages with crapital one and still with them ,The nexxt stage is they will pass you onto debitarse which is their inhouse collection dept for peope they default,

They like to pretend it is separate but really it is just crapital one pretending to be another agency called Debitarse Legal services! hopeig that the name with legal services at end of it will frighten people into paying up.:rolleyes:You will get losts of phonecalls,I just wrote to them once and crapital one a few times but basically ignored debitarse until i got passed back to crapital one,and since then it has been quiet!

 

Hi Carpinjoy!

I am not very good with computer either and took me a while to get the hang of pphtobucket and other simple tasks! I can make my computer do things no one else can! i dont know how i did it but i once by mistake set one of my MBNA theatograms i had saved as a file as a screensaver!Dont ask me how i did it:shock:

[carpinjoy]

HA, HA, nice to see I am not the only one that is useless on a computer, I was brought up with pen, paper, and slide rule. Thank you for the advice sunflower99 will get started on the letters this morning.

[sunflower99]

I sent the letter threatening to visit their offices to Barcalysahark last! I dont think they will be too keen! The same happenend when i sent a request to visit crapital one offices in another type of letter dispututing a cca which how shall i say it looked a bit mutilated and refereed to a mysterious term 11 which was not present on what they alledge was the true copy of the alleged agreement i signed! Crapital one ignored my invite to arrange a visit to their offices! i wonder why! I was looking forward to having a nice day out in Nottingham and was hopeiing to arrange a Cag crapital One Fan club meet in Nottingham for a party of us to view our alleged agreements and say hello to Ellie:D and have a great day out and picnic at same time":D Spoil sport Ellie did not reply! Keefyboy on my thread has not given up though and is still trying to arrange something on my crapital one thread!

[carpinjoy]

The crap one circus begins, I have recieved lots of phone calls from debitarse, but I would not give my personel information out over the phone so they got grumpy and keep putting the phone down (how rude I could have chatted to them about the weather or something) anyway I recieved these through the post this morning, I phoned debitarse and told them that the account is now in dispute, as what I asked for regarding my CCA was not what I expected., (I dont send it untill this morning) and told them to pass my account back to C1. He tried to tell me that since crap one sent it to them they will be dealing with it and can I come to an arrangement with them for payment. I told him no and to make no more phone calls to me as I would count them as outside harrassment and file a complaint. I had a standing order set up with crap one to pay minimum amount, but as you know from my prevous thread they wanted to know what colour the OHs underwear was, which i did not give so they in there infinate wisdom did not acknowledge the standing order. I still set it up thinking cover my back. I was going to write to crap one asking for a copy of my signed CCA again, but since these letters I think Dispute letter the way to go, any comments welcome. The way to WIN IS KEEP GOING CLAGGERS.

 

Here they are

[the_shadow]

Ok they've terminated the account now, you havent posted up the default notice yet though have you? May be worth to see if it complies (for future use )

 

As to Debitarse, just sent them the "account is in dispute letter, please send it back to Capital One" letter. Hopefully should see them off.

 

S.

[carpinjoy]

I have not been sent or should I say recieved a default letter as yet.

[sunflower99]

I got a DN from Crapital One the day after i got reponse to my s78 request!

[carpinjoy]

what is s78 request, should I have sent one?

[the_shadow]

I have not been sent or should I say recieved a default letter as yet.

 

Are you SURE you havent received one... terminating without defaulting the account first is a breach of the CCA1974.

 

It would have been headed Default notice under s87(1) of the CCA1974 or words similar.

 

S.

[carpinjoy]

I have checked through all of the paperwork sent to me, as yet I cannot find a default notice. They recieved my account in disute letter on the 06/07/09, I recieved this letter from them today, it has taken 7 days to get to me, as mine took 2 days to get to them. Do I sit on my hands and wait or do I request a Default letter to be sent to me, surely they will just backdate it to suit their needs, also I cannot argue about the charges that they have put on this letter I have posted up as they will say theirs was posted out first. It does not matter anyway as I dont intend on paying any money to them untill either they show me a true copy of my agreement or take me to court, I will cross these bridges as I come to them. Any comments welcome.

 

Here is the letter

[the_shadow]

Ok, no I wouldnt ask for a copy of the default notice if you havent got it, rather request it in any SAR you do in the future.

If your not paying them then they'll now start passing you through the DCA chain, read up around a couple of the other crap one threads.

S.

File it, they'll send you a few of these until they terminate and then they should stop. Next step DCA's

S.

[sunflower99]

S78 request means section 78 of the consumer credit act 1974 where you are entitled to ask for a true copy of your Credit card agreement if agreement is a credit card one! Legal term and law pointed out to get crediter to comply with a cca request

strange you not got a default notice as they normally very quick to issue one as soon as you put account in dispute! Shadow right Debitarse not worth worrying about they eventually give up and return you to their parent branch crapital one!

[carpinjoy]

S. Account terminated already and passed to debitarse (see previous posts) I told debitarse where to go, not heard from them again as yet, said account in dispute. I will file all letters and wait.