PDADDY & WIFE vs. CAPTIAL ONE CCA LETTER

[pdaddy]

hi all,

 

Myself and wife sent Crapital One a CCA letter back in august, got a standard reply back stating that the letter was our agreement, (I used the cca template found here) then sent back another letter saying that they had followed protocol and provided the correct information we requested…(again using templates found here)

They haven't replied to either mine or my wife's letters, instead calling up wife every few days (I have started a log now, and also today am sending telephone harassment letters) I have been lucky in that I have only started to receive some texts asking me to call them (as if) the worst thing is they have even sent my wife late payment reminder letters and 'failure to pay' letters… despite been in dispute. They just carrying on regardless.

Bit concerned why theyre chasing wife more than me, but still the cheeky swine's have updated her credit file with 'late payments' despite the account been in dispute since 24th august 2009. its incredibly frustrating that they haven't acknowledged any of our correspondence, and the bit of paper saying this is your agreement was pathetic - it was a letter saying that these are your terms. Which were then printed on the reverse side of the letter - all blank, NOT a true and executed copy as per our request.

The 2nd letter I sent them (copy below) states they have 14 days to contact us, they haven't done so,

so my questions are now -

What do we do now?

How do we proceed?

What are our next steps to take?

　

ACCOUNT IN DISPUTE!

 

Date: 2nd October 2009

 

Dear Sir/Madam

 

I am writing to you again, for the 3rd time after this week receiving yet more telephone calls from your organisation, yet you have failed TWICE to respond to both my letters dated 14th august and then again my reply to you on 11th September 2009

 

BOTH letters have been sent recorded delivery and I have obtained a POD so I know they have been delivered, and safely received by your company.

Maybe you didn’t see the big typeset ACCOUNT IN DISPUTE, so for the avoidance of doubt, I have put in bold 26point font for you above. I hope this helps.

 

It would seem you have not yet absorbed the contents of these letters, and I ask you to act immediately and cease calling me, threatening me with more default charges, (which you cannot legally charge to my account since its been in dispute from 28th august) so I respectfully ask you immediately remove these charges, stop sending me threatening letters and default letters and furnish me with the information I have requested.

 

You are probably aware, and im sure you are, as I believe you have thousands of similar claims as mine, that yours is a very serious breach, so I would appreciate you attend to this matter with some degree of urgency.

 

 

The law clearly states and is set out to protect consumers like myself against these charges, interest, harassment etc when an account is in dispute! (Please see description in BOLD for reference)

 

So for the avoidance of doubt, I shall, yet again, for the 3rd time clearly set out the reason why my account is in dispute:-

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

You have failed to comply with my request, and as such the account entered default on 28th August 2009

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

 

Furthermore, you are aware that the Consumer Credit Act allows 12 working days for a request for a true signed copy of a credit agreement to be carried out before youenter into a default situation.

 

This limit has expired.

 

As you are no doubt aware section 78(6) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled, while the default continues, to enforce the agreement.

 

Therefore this account has become unenforceable at law.

 

As you have failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, failed to send a full statement of the account and Failed to provide any of the documentation requested. You will also be aware of the CPUTR 2008 and the OFT's guidelines on debt collection which state under the title Deceptive and/or unfair methods - Examples of unfair practices are as follows - 2.8

 

(i) - 'Failing to investigate and/or provide details as appropriate, when a debt is queried or disputed, possibly resulting in debtors being wrongly pursued'

 

(k) - 'Not ceasing collection activity whilst investigating a reasonable queried or disputed debt'

 

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’; you must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

 

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

[pdaddy]

hey all, thnaks fo rreplies - truly greatful. although i must tell you for the last 3 days crap one have actually been callign me on mobile, then hanging up on me, before i have even answered it!!

 

looks liek theyre already anticipating my 'robotic voice' and are getting in first.....

 

also got home last night - another letter stating a defualt for non payment and another fee for unauthorised lending... as i have had 3 of thes enow which has suprise suprise put me over my limit on the card.... not that thats an issue right?

 

i did claim a few years ago an won, am thinking again about trying to claim back my charges for last 2 years or so - gotta be worht 250-300 quid? or shall i leave that alone as it may open a can of worms - whats the adivce on that one?

 

have sent letters to them yesterday for telephone harrassment too

[pdaddy]

my card was taken out sept 2004 i believe. i have also got back my SAR request from them, imight as well try and get my £300 quid back of charges whislt were there - or is that a no go, i mean its a separate issue to my account been in dispute (isnt it?) more phonecalls today... the guys even had a go at my wife askign her why she isnt passign on the messages when they call home... she does... but why arent they acknowledging ANY of my 3 letters i have sent to them that have all been sent registered post. i know theyre tryign it on, im not scared, im reading to tackle them head on, and am not scared by their bullyin antics, my however is, and thinks our home is a risk etc, i keep tellign her its not, and fo rone we onyl bought the hosue 3 years ago... way after our cards were issued when we were private tennants.

[pdaddy]

theyre still calling me from this london based 0207 no - so watch out folkes as theyre calling from 0845, 01132 (leeds) and now this 0207 nos. i have kept a log of every time they call - which theyre still aborting on, and hanginf up on me after just 1 ring!

 

have sent them telephone harrassment letter, seems theyre not caught up with it yet... so im hoping the calls will stop any day now.

 

myself and wife have had yet more letters through for 'late payments' and 'failure to pay' type charges, im unsure what to do next....they have not acknowledged either of our 2nd letters tellign them that what they had sent was not a true/excuted copy... account in dispute blah blah....

 

not sure what happens, as theyre not playing ball and conforming - so were not payign them a penny.

 

will they now hand the debt over to a DCA - what happens to us then - where do we stand if they do pass the debt onto a DCA?

 

ps - sunflower - i took heed your advice and my little daughter whos 18 months had a nice 'gibberish' chat with them last week when they called me at home on saturday : )

[pdaddy]

heres a new one, im now getting calls from 0151 no?

[pdaddy]

theres no giving up with them, thing is i told 'weenie' (yep thats her name) on saturday i wont be speaking to anyone on thephone, yet the calls still keep coming... however, it does seem my wifes barrage of calls have started to cease already...

[pdaddy]

hi all

Today (Friday 30th October) I finally received a letter from crap one with what they believe to be a true and executed copy of my 'agreement', my wife also received hers today too.

 

We both have received EXACTLY the same kind of document, true enough it is signed by both parties, my self and someone at capital one, however, this form is called a GUARANTEED ACCEPTANCE FORM, in short, an application form.

 

The letter accompanying this stated that under section 78 they had already provided me with the current agreement, however, although not entitled to, they are providing me a true and executed signed copy. It also states that the credit agreement complies with the CCA 1974 and that this is the correct format...

 

You clearly have a valid and enforceable credit agreement with capital one...blagh blah blah....... It then goes on about how my account is in arrears etc

 

They sing off by saying that the account is not in dispute as they have clearly provided the necessary information.

 

So my questions:-

1. is this a true and executed copy of the agreement - I thought it had to have all the T&Cs on the same piece of paper.

2. as this is CLEARLY an application form - are they right? Or am I still within my rights to hold this account in dispute?

3. what is my next step? Is there a counter letter template I can now use to respond with? (I did look - couldn’t find one)

4. what else should i do? / be doing? Do I send back another letter, let the harassment calls still come in and just sit back and wait till they try to 'enforce' this.

5. does/has anyone else received similar letters/responses back from them?

6. they still keep calling me and aborting the calls, is there anything I can do to stop these calls? Maybe have a word with orange and tell them this no keeps harassing me? Where do I stand on this? I received a response to my 'telephone harassment' letter, bottom line is they said they WILL keep calling as the account is in arrears and they deem it fit to speak to me whilst the account is in arrears... Again where do I stand on this - do you need me to scan in letter/response?

Thanks again

Pete

[pdaddy]

bump?

[pdaddy]

hi sunflower, thnaks for your replies ans support here. ill scan in my letter form them and also the telephone harrassment bit. ill scan it in and post up the link, hope that will work for everyone?

[pdaddy]

hmmm sounds very similar to what i have to be honest...

 

last 2 days - no calls from them - seems theyre gettign the message, they have resorted to usign different nos to contact me - am i legally allowed to post up these nos theyre using for everyone else to see?

 

also i forget how to post up a document - anyone know?

[pdaddy]

HERES THE LINKS TO MY CAP ONE LETTER - page 1 and page 2.. hope these links work ok?

Edited November 6, 2009 by pdaddy
contains personal detials

[pdaddy]

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Image - TinyPic - Free Image Hosting, Photo Sharing & Video Hosting

[pdaddy]

Image - TinyPic - Free Image Hosting, Photo Sharing & Video Hosting

 

and this link is for the alledged signed agreement.........hmmmm is an application form of guanrateed acceptance - how they think this has all the prescibed TnC's on it beggars belief... they did sned some other sheets with this agreement form, photocpies of about 5 pages of consuemr crdit bumph - i havent read them, as its clear they just got some muppett to copy them up and put them in the envelope with the signed agreement form.

 

id be interested to see what people think of this form - is it a signed true and executed copy of the CCA 1974 that they need....?

[pdaddy]

ps - thanks for letters sunflower - very much appreciated

 

ill get 2 of these off today - one for me and one for wife! thnaks again for other info too - youve been ever so helpful!

 

Pete

[pdaddy]

hiya, yeah they sent this 'application form' and with it about 5 pages of a4 as the terms and conditions - shall i scan them in too and post? the header on page one of these T&Cs is called CREDIT AGREEMENT REGUALTED BY THE CONSUMER CREDIT ACT 1974

[pdaddy]

thnaks mike - sorry who are lowlife and capquest?

[pdaddy]

lucky you eh? : )

 

ill try and read therough the T&Cs bit - thanks for the info, ill get back to you once fully digested their 5 pages... and by that i mena i will eat them, as theyre good for nothing else - maybe the circualr filing tray?

[pdaddy]

Sunflower - I used your template and tweaked accordingly and sent a letter to them on Friday 6th. I have now started receiving calls from an 0117 no… as well as the 0121 nos, getting 203 calls a day, theyre still hanging up on me, despite the odd occasion where I have attempted to speak with them, they continue to just hang up on me…weird huh?

What did you all make of my guaranteed acceptance form? Usual rubbish form them trying to pass off as a CCA request? Also no where on my correspondence did it say what the charges were…??

Anyway, they have also sent my wife a letter requesting the full amount be repaid and like a serious tone to it, not their usual fob offs…. But not to me?

I guess we need to play the waiting game to respond to our letters sent last week.

So do you think that our accounts will now be passed to a DCA? My wife is very worried about this and some nasty dca turning up at the door,im more confident that they cannot do this, and it has to go to court before we get anywhere near this situation - is that right?

What happens if it does go to a DCA - what's steps/measures do we take then? Im guessing it will go down this route right?

[pdaddy]

they seem to be calling me now from an 0800 no, all the other nos i havent answered, and wont. theyr ealos using a nottingham no, both myself and wife still getting letters sayign accoutn in arrears etc.

 

however, i had a chat with the financial ombudsman the other day, and mentioend this account in dispute, he totally sided with them and said we shoud still pay them, yet i gave him all my reasons and rational and wheni asked him a few questions he was like "im sorry i cant answer that mr d"..... i thought the FO were here to help and assist us.

 

he seems to think what im doign is wrong and said all they coudl do is send a letter to them askign them to priovide me with said request - supplying a true and executed copy, i asked him if they didnt repsond he said that theres not much else they can do and its between me and the lender, or me and the courts/judge.... i sincerely hope it doesnt get to this stage, my wife is freaking out laready at the prospect of a DCA turning up at our door, and is ready to put down the gloves, im not im ready to fight, but been a good hubby ill have to do as im told... unless i can get some nugget of wisdom that reassure her... she does read this thread so is pretty much up to date with it all (she has also read the other threads too relatign to crapone)

 

do you think we will hear from this solicitor person of theirs soon then? if we do, do you think i should seek the services of a no-win no fee then and see how we get on?

[pdaddy]

hi all, hope your all doign well in this festive season?

 

couple of things to update you with - myself and wife have both recived identical letters on friday just gone.

 

i have scanned in the contents of the letters (links below)

 

the contents included (yet again) more photocopies of the signed agreement - aka an application form, and lots of separate photocopied T&Cs - all on separate pages natually. one thn i noted from the seaparte CCA1974 credit agreement sheet they sent in with this bundled package of photocopied letters was the issue that all late/missed payments etc were ALL for £12. well, a few years ago i did claim back my charges from crap one (about £400 worth) and i do remember them beign around £25-30. so surely this new sheet they have sent is not in line with the original info that was set out when my account was opened with them? does this have any bearing on the dispute at all?

 

i have a few quesations i despartely need advice on:-

 

1. the last few months, they have constantly being levyign charges against us and its affecting our crdit file - EXPERIAN said they cannot get these 'late/failed' charges removed from our report unless crap one agree to it - how do we go abou tthis and get it changed,the account has been in dispute since mid august.

 

2. they still remian staunch that the account is NOT in dispute. how do we get these late chargeds removed - i thought they werent allowed to levy charges or interest while an account is in dispute - how do we remedy this?

 

3. they have said that they wont respond to any further letters from us - do we assume the next step is they'll take it to court/DCA? how will this affect our credit? my wife is fraught with worry as were tryign to re build our credit and and we cant belive that crap one are acting this way, when we were led to belive that they cant pile more and more charges against us and put our credit files in more negative standing.... whats the advice on this please?

 

thnaks in advance

 

Pete

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[pdaddy]

oops - this is the link for page 2

 

http://tinypic.com/view.php?pic=bhaqfb&s=6

[pdaddy]

bump anyone?

[pdaddy]

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hi all

HELP!

have had a few letters of Cap one over the xmas period, saying that our account is closed, lost all use of credit, no longer able to use card, please pay us, final letter....blah blah

yes they KEEP on adding Default and Late Payments to our account, and I thought they're legally not allowed to do this whilst in dispute?

they have even levied a DEFAULT status against us both on Experian - again, form what I have read on this very forum, they're legally not allowed to do this - so how come they have, experian will NOT remove it, only on advice from Capital One will they change this, and it would seem capital one have us by the balls on this one?

how do we get this changed - take capital one to court? please advise?

the calls are still coming fast and furious - 3-4 every day, seems they have completely ignored our telephone harassment letters... mind you I have stopped my telephone logs form about December too - should I start them up again?

im in a BIG PANIC right now... I really hope someone can answer all my questions below, and put both mine and my wife's minds at rest.....

my wife today has had a call from COUGAR FINANCE - acting on behalf of Capital One - it would appear they're a DCA.

I have had a call last week from CPS? another DCA? I hung up on my call, but my wife took hers today, she told them politely that her account was in dispute and they had no reason to be calling her... the chap insisted that "well according to Capital One it isn't in dispute"....

my wife is very fearful, angry and upset right now, as I am too.... as we cannot have our lives ruined by these "*"^$%^%*£(s

1. will we be getting calls at our home address - what do we do if they do call?

2. how do we deal with Cougar - do we ask them to deal with us by letter only? and then send them back exactly what we sent capital one? what's our next step?

3. my wife is ready to hang up the gloves and give up, which is a shame, as we have incurred more fees along the last 4-5 months, and would now mean that this exercise has actually cost us both. im still ready to fight, but for my own sanity and as to NOT blacklist our house, or cause any more undue stress on my wife, our home, our very small children, im kind of ready to call it a day myself.

I need some words of encouragement, not just for me but for my wife too.... as she doesn't read this forum, she just acts on my info that I have re searched....

please please can some one come back to me ASAP

thanks in advance

a very worried/ nervous pdaddy

P

[pdaddy]

hi all, been quiet of late

my case has been passed to FPC services, spoke to them a month ago, not heard back from them yet.... the guys was looking into it for me. still waiting...

my wife's is abit more serious, she's been passed form Cougar finance to some other bunch of jokers...

she (stupidly?) told them that IF they got CAP1 to remove the default and they provided her with a 'true signed executed copy' she would pay them... they then went away, and said they would speak to CAP1 and come back.... they never did (we thought they had gone away) till she receives a letter today asking why she hasn't paid her first instalment as she agreed to?

she hast agreed to anything!

so she calls up guy at this new company and he says whilst he is sympathetic to what has happened, he will give us a weeks grace to speak to CAP1 and get it sorted... but surely the onus is with them, they bought the debt off CAP1 (whilst it was clearly in dispute) and they had already agreed to look into it their end and come back to us, which they never did. surely CAP1 wotn speak to wife, as account is shut down, and they probably wont even entertain a phone call form us...

now, what does my wife do to this new DCA company?

do we send them what exactly? a letter to show the account is in dispute? OR ALL copies of our letters to CAP1 to show the paper trail and proof its in dispute?

im not sure on next step to take...

HELP!

cheers

Pete

[pdaddy]

hi sunflower,i belive it was pre 2004 (mine was 2004) but heres was either early 2004 or late 2003.

 

so do i understand correctly - my wife should send the new DCA an 'account in dispute letter' right?

 

yes myself and wife both sent our £1 pos and s78 request on our intial correspondence to them.