Help with Capital One

[humbleman]

In the letter they say they are trying to retrieve your original agreement, how did they mange to send a copy of the signature from that agreement if they are still trying to retrieve it.

[iamtiasmom]

I don't know? I'm very dubious about that letter it seems like they're trying to make me think there's no point in trying to take it any further. What shall I do now?

[Craigbadger]

Usual cack.

Same as they sent me, here is my thread to which a few good templates have been added so may be of some help.

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/252100-05-capone-cca-recieved.html

[Craigbadger]

Well the agreements almost certainly unenforceable if it even exists in any form other than a scan. The reconstruction is just a copy of the t&c with your name and address at the top.

 

Maybe send another account in dispute this time disputing because its cack, as posted here. Then just sit back and see what happens and deal with it as and when.

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/252100-05-capone-cca-recieved.html#post2831146

[iamtiasmom]

ohh ok, so it's not the documentation required and they're just talking out of their backsides then?

[Craigbadger]

Yep, prepare yourself for envelopes full of drivel.

 

Best advice i'll give you is just relax, when I first started looking into the enforceability of my Cap 1 debt I must of read atleast 50 different posts with the exact same response.

Only difference now is that they seem to of stopped sending out the so called reverse(which was riddled with errors) and instead send out t&c.

[dfsoon]

I got the exact same response from Cap 1 and was wondering how to respond. Then I received a letter from Capquest saying they were looking into my complaint! I'll just wait and see what happens next.

 

Re the copy application. They go out of their way to point out it is a copy of the signature page. Why not send a copy of the reverse which they say includes the prescribed terms and conditions? Does anyone know if they merely copied the signature page and binned the originals? Certainly looks that way.

[Craigbadger]

I got the exact same response from Cap 1 and was wondering how to respond. Then I received a letter from Capquest saying they were looking into my complaint! I'll just wait and see what happens next.

 

Re the copy application. They go out of their way to point out it is a copy of the signature page. Why not send a copy of the reverse which they say includes the prescribed terms and conditions? Does anyone know if they merely copied the signature page and binned the originals? Certainly looks that way.

 

Have a read of this, ER refers to Ellie Renshaw who was the name on the bottom of CAPONE letters.

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/172543-just-recieved-signed-capital-47.html#post2212068

[iamtiasmom]

I am now dreaming about recieving huge 500 page letters from Capital One, full of junk mail type leaflets and copies of badly repproduced statements...

[Guest Cartaphilus]

Oh, joy, I bet you are waiting expectantly for those ...

 

I dare not get mine out, such was the mind shredding vocabulary used in the letters, for fear they give me nightmares trying to understand one letter to the next.

[iamtiasmom]

Just had a letter from CapQuest:

 

Thank you for your recent correspondence and confirm this account is now on hold.

 

An investigation into your complaint will be carried out in line with our in-house procedure and as soon as we have the results of our findings , a Quality & Assurance Officer will be in contact with you.

 

In the meantime, please find attached our Complaints handling leaflet for your information.

[lord_tiger_putin]

Friend Sven Lagerberg is a very confused guy!

 

To speed thing up (for any CCA or SAR), his direct address is:

 

Sven Lagerberg

Capital One Bank

Executive Office

PO Box 5281

Nottingham

NG2 3HX

[iamtiasmom]

What should I do now?

 

As the letter says they have fulfilled their obligations and they're going to continue to pursue the debt etc... I'm not sure what to write back to them....

 

Ok after having walked the dog and thought about it for a while I realised that the second letter is in fact dated before I sent Capital One the letter stating that they haven't sent me the correct document.....*breathes small sigh of relief* all of these regulations and small print really make my head hurt, give me something logical to think about any day of the week, lol... I'm not built to understand any of this....:-S

Edited July 16, 2010 by iamtiasmom

[iamtiasmom]

Could someone just reassure me and tell me what is unenforceable regarding this agreement as I keep reading threads and bits from the Consumer Credit Act but it's just confusing me. Pretty Please and Thank You XXX

[iamtiasmom]

Got a letter from CapQuest this morning telling me they've handed the account back to Capital One.

[cerberusalert]

Could someone just reassure me and tell me what is unenforceable regarding this agreement as I keep reading threads and bits from the Consumer Credit Act but it's just confusing me. Pretty Please and Thank You XXX

 

Have a read through http://www.consumeractiongroup.co.uk/forum/general-debt-issues/162851-consumer-credit-agreements-guide.html but basically an agreement to be enforceable must contain the prescribed terms within the four corners of the signed document.

Got a letter from CapQuest this morning telling me they've handed the account back to Capital One.

More than likely it will get passed on to another DCA who's further down the food-chain but they can be dispatched easily enough.

[iamtiasmom]

Thank you cerberusalert so I assume now I just wait for Capital One to get back to me regarding my letter saying the CCA is wrong?

[cerberusalert]

Yes, the ball's in their court now.

[iamtiasmom]

Thanks so much, I'll let you know what happens next.

[iamtiasmom]

Had a letter from Cap One today, standard give us four weeks to reply thingy....

[iamtiasmom]

had a letter from cap one today saying debt has been handed back to them from DCA and I should start paying them. Do I reply to this?

[cerberusalert]

Do I reply to this?

No the ball's in their court now but no doubt you'll be contacted by another DCA shortly.

[iamtiasmom]

thanks, one less thing to worry about for now.

[iamtiasmom]

Oooops...

 

http://img.photobucket.com/albums/v295/iamtiasmom/Capital%20One%20Stuff/CapitalOneCCAresponseAugust2010Edited.jpg

 

http://img.photobucket.com/albums/v295/iamtiasmom/Capital%20One%20Stuff/CapitalOneCCAresponseAugust2010pg2Edited.jpg

[lord_tiger_putin]

I am a bit confused by their statements:

McGuffick established that the following do not amount to enforcement:

....Bring legal proceedings

 

What is enforcement then?

 

What do they mean by a statement of account? I know they do not send a 'Statement of Account' showing all payments made and dates. Monthly statements is NOT statement of account.