PDADDY & WIFE vs. CAPTIAL ONE CCA LETTER

[sunflower99]

Hi Rev IanThanks for confirming it against OFT guidlines to use more than one DCA agency to chasesomeone for a debt as i think Pdaddy said he had both Capquest and frrdricksons after him at one point ,.I thought that was the case but was not a 100% sure,Though some of the DCAs mentioned are chasung his wife for her crapital one credit card too!as he has combined his wifes and his own crapital one card wars problems together on same thread,

[sunflower99]

Hi Pdaddy

How are things going?

[pdaddy]

ahhh your a mind reader, was jsut about to update the forum with my developements...

 

well wifey got letter from capquest mid may to say they have handed back account to cap one, cap one now sending her reminder letters to pay up... hahahah

 

then on my birthday my letter came from capquest, sayign they were un aware of any dispute when they got handed the account from cap one (yeah right - so my 8 letters to you sayign account in dispute didnt register in your brains that this customer may have an issue with his account with cap one!!) buffoons!

 

i have this week been receiving calls from an 01162 (leciester no) form a compnay called money matters i think - it jsut left a v mail sayign they would call back.... no idea whom they are or what they do... time will tell.

 

so currently we have no DCAs on our back : )

 

we have fought strong, taken your advice and stood our ground, even if it has meant sending out the same letters time and time again.

 

lastly, my wife is concerend as her credit report does say 'default' -but it does say that the customer has put this account in dsipuite, she wants to know how we go about getting this defualt removed from our credit report as it legally shouldnt be there, if the accoutn is in dispute.

 

do we need to issue a summons and get the defualt removed?

 

any advice?

 

cheers

 

Pete

[beachcomber60]

Hi Pdaddy,

 

Glad to hear you got capquest off your case.

 

As far as DN removal is concerned it'll be one hellava job & by what I've read it normally requires a court claim.

 

I aint bovvered about my cra, never ever want credit again so will allow it to drop off after the six years.

 

(Knowing Capone DN's its probably invalid anyway - both ours are )

 

Beachy

[Old Cogger]

Money Matters debt managment company according to google, we write off 75% claims, yeah right at what cost.

[rev.ian]

Yes Money Matters are not a DCA, just tell them "not interested if you ever talk to them.

I have an idear capquest and the like sell our numbers on to these debt managment companys when they get it into their heads they are not getting a penny out of us, I guess they do get a penny for the number lol.

You can get BT to TPA register your number, that stops cold calls.

[sunflower99]

Hi Pdaddy

Must admit i have never gone down the road of default removal but like Beachy says i dont want any more credit and at least while i got these defaults i know you may think i am mad but i think in a funny sort of way they doing me a back handed favour as at least it will avoid me being tempted by more credit which is what got me in such a mess I am in today and i know i can not be trusted with a credit card so in a way it is a relief i will not be tempted as i was a bit of a sucker for credit cards ! and a good thing that my defaults will make sure i am not tempted for several years! It is really awful how credit cards are still pushed at us though even now when you would think banks and shops would have learnt a few lessons about irresponsible lending!,Everytime i go in a shop somebody even now tries to give me one of the dratted things! and i keep having to tell people that i dont want another dratted credit card!

[sunflower99]

I am so glad you got capquest off your case! As i was saying as long as you show these leeches you know your rights they often back down and though it a bit of a drag and repetive writing all the same letters over and over again it is worth it when you manage to see another DCA bite the dust and in many cases it does get better as once they played pass the parcel with your account amongst the leeches they tend to evntually give up and leave you in peace ionce they realise you will not let your self be intimidated and bullied! i bet they hate it when they see they have got a cagger on their books!

[pdaddy]

just a little update, its been very quiet last month and half - sent CAP1 a standard account in dispute letter, jsut in response to their standard, you must pay, your accounts in arrears letter, jsut waiting for the SAR to come thru for us both, once we have that, we'll be applyign to the court to not onyl refund and lower the amount but get both our defualts removed : )

 

keep you posted

 

p

[sunflower99]

Hi pdaddy

I am glad they giving you some peace now, Once these DCAs know you will stand your ground and they can not intimidate you they will often eventually back down !I hope you have success in your SAR and default removal campaign!

[pdaddy]

hi all, well well well, just recived a NEW letter from crap one, with suprise suprise a copy of the agreement form (aka the application form) NOT what i have asked for or requested, and a load of gumph in the letter about how they have complied with CCA 1974 and dont see how the account is in dispute. pay up.

 

im going in for an operation tomorow, so will be below the radar for the next 2 weeks, but will send them yet again another accoutn in dispute letter right? am guessing theyre jsut yet again chacing their arm *yawn* so will send them another firm letter hi lighting everything again, essentially, jsut a copy of an old letter, keeping up the correspondence and communication with them, idiots huh?

 

any thoughts anyone?

 

P

[pdaddy]

ps also still awiting the SAR for both myself and wife... i have a feeling this letter was spurned on by my SAR request.... i reckon?

[sunflower99]

Hi Pdaddy

Sorry to hear you not well and need an operation.I hope all goes well and you feel better soon. x. Yes i am sure another account in dispute letter a good idea and then see what they do next,

They willl probably play pass the parcel with your account with a few other chancers before giving up! But at least i can see you taking this a lpt more in your stride now and not letting them get to you! Great stuff!

[pdaddy]

hi all, been off recuperating so a bit slack updating with latest developements...

 

we have both recived letters form crap1 saying they cant process our SAR becuase we didnt sign the letters, and some rubbish about they cannot process an SAR till they have our signature - im sure this is tosh, but cant remember the letter or template i need to send them to coutner their letter - as they said they cannot process an SAR without a signature - like i said this is tosh, but not sure what i need to tell them?

 

secondly, they are still going on that the 40 days doesnt start till they reciev the correct documentation - but im sure 100% i read that the 40 days starts when they recive the cheq - right?

 

lastly, and most importantly, on my letter from them recently, they did the usual accoutn not in dispute nonsense, and that they wont be corresponding with me any more, and then went on some massive rant quoting some recent cases - mr justic flaux in mcguffick v the royasl bank of scotland EWCH2386 and HH judge waksman in carey v HSBC EWHC3417 (QB) and documented about how the judges still saw these agreements as enforceable and a debt that is still due and owing and debtor remians liable to make payments etc etc etc

 

now, has anyone else seen or witnessed any of these new scarmongering tactics?

 

its a long 4 page letter, the biggest i have had from crap1, and signs off saying i must call their SSU - specialist support unit to discuss my account - i havent yet called them and feel i might jsut for a laugh.

 

they sign off by sayign that 'financial regualtions require me to advise you that this is my final response in relation to this matter'..... so do i counter this with 'my final response to this matter' if so i could do with some meaty bits to quote and paraprhase - if anyone has any ideas or things i should mention id be greatful.

 

pdaddy - fighting fit!! : )

[Old Cogger]

more twaddle from crap one I !d say?

[pdaddy]

hi all, latest developements

i still havent recived our SAR Requests and its well over 40 days

 

1. so how do we go about suing them/fining them for non compliance - any threads or links i can be advised on, as non compliance is a serious breech, and i wanna take these to the cleaners.

 

2. we have both had another letter from crap1 sayign they wont enter into any more dialogue and that they have already sent us the paperwork relating to our account on 3 separate occaisons - FACT what they have sent on 3 separate occasions are 'guarnatted acceptance forms' AKA an Application Form. this as we all know, DOES NOT conform with the CCA nor does it supply the prescribed T&Cs...

 

3. they are still saygin they will defend any claims, and the account must be brought up to date as they dont consider it in dispute

 

4. when i get my SAR back im going to claim for the extra charges and also the removal of the defaults (whislt the account is in dispute)

[pdaddy]

bump anyone?

[pdaddy]

hi all, anyone got anything to add?

 

i have been off lately,and need to respond to their last letters, plus i need to serve them some kind of notice for non compliance on the SAR which they have taken the money for and not responded to the SAR request.

 

P

[BRIGADIER2JCS]

Just had a quick read through this thread anone

thought occurred, the supply of the ts & cs oringinal

and final together with a signed application form ,

together could convince a judge since the case law

let in the use of reconstituted agreements to comply

with CCA'74 77/78 requests.