General advice needed before CCAing Cap1

[fossilfinder]

Hello,

 

I have just registered to this brilliant site, having spent a long time reading many threads about debt, credit card companies, CCA's etc

 

I have to admit to being fairly blown away by it all and could really do with some advice from you guys & girls who seem to know so much

 

In brief, I am in a financial mess, I have 12 credit cards on which I now owe £55,000 in total. I have managed, somehow, to keep making the minimum payments over the last few years and by not facing up to the situation it has spiralled completely out of control and now I am here, in a mess. I am self-employed and have been concentrating on trying to get the business of the ground, it hasn't gone to plan. I own my own home and have about £65,000 equity. I am in the process of trying to sell it

 

I will post in other forums regarding my debt situation, which is being handled by Payplan, but for this thread I want to pick your brains about my CCA with Cap1. I am trying to reduce my debt and the enforceability of the agreements seemed the sensible place to start. So, following the advice on this site and with the aid of the appropriate template I have written to some of my older creditors. I wasn't going to bother with Cap1 as I applied December 2008, so thought they would have their agreements all sorted by then. However, on the advice of Payplan I wrote out to my creditors saying basically I could no longer meet my minimum payments etc etc. Well I have received a letter from Cap1 saying ' Thank you for your recent letter. Unfortunately we are unable to action your request because you have not provided a signature on your letter. Please resend your letter with the correct signature' Should I be reading something into this? I would be interested to know if anyone else has received this response from Cap1 and my feeling is now to ask for a copy of my original CCA.

 

I would really appreciate any comments you may have, thank you for reading.

[HardYards]

Hi, Fossilfinder,

 

I'm pretty new to this whole CCA lark - went through years of hell dealing with my partner's creditors selling on the debts all the time even though we were making token payments monthly - then through CAG I discovered the wonderful world of CCA requests and life has taken on meaning again! (I don't feel so helpless or hopeless.)

 

It's my understanding that CapOne have a whole shedload of delaying tactics... I sent my CCA request without a signature & they sent me back an agreement which turned out to be unenforceable.

 

I got help on this from the fine people on the Cap1 thread: click here - a very good place to go once you get whatever they do end up sending you.

 

There's a Letter Template when DCA refuses to supply agreement without signature - click here

 

There was something I read somewhere about a 'safe' signature but I'm boggled now (happens easily, I have ME) and can't remember where I've seen this. Though there is a thread on signatures - click here - that you might find helpful.

 

Hope some of this helps. Whatever else you do, please don't lose sleep over any of it like I used to....

 

And please let us know how you get on.

 

Take care,

H.

[fossilfinder]

Hi H,

Thank you for your response. It is reassuring to hear from someone who is going through it, as so many are on this site, it's good to not feel so alone.

I will send of my CCA request to Cap1 and see what comes back to me.

 

What happened with your CCA given it turned out to be unenforceable? Is the 'debt' still being bounced from one DCA to another?

 

Do you have any experience with any of these;

AMEX

Barclaycard

Santander

MBNA

Post Office

RBS

EGG

 

Take Care

FF

[HardYards]

Hi, FF

 

It certainly is most important to know that you are not alone - the whole process of fighting for your rights can be very confusing at first, and there is a lot to be taking in.... it gets easier with time.

 

BTW I found another thread with advice on signatures, check out Post #2 on here

 

My most successful CCA progression here - since I started the process seven months ago it's gone quiet. They did send one piece of paperwork that turned out to be unenforceable; that debt was sold on to another dca but I just sent back this to the new dca.

 

Another brilliant link on enforceable & unenforceable agreements is here

 

Also check out Is My Agreement Enforceable here

 

Another link I found helpful is to do with what actually happens inside a debt collection agency: click here

 

It also helps to use 'search this forum' inside the debt collection industry Forum for CCAs to do with the lenders you've listed.

 

It is a lot of reading but I guarantee you will come out empowered at the end of it all.

 

I should just point out that I'm not a legal expert, so if you live in England or Wales and want to make absolutely sure you're doing the right thing, you can always try The Community Legal Advice Service - there's a thing on the website where you can ask for a call back.

 

Since CAG started me down the CCA route, the bombardment of letters/selling the debts on, has ceased. When dcas caused my partner's heart attack in 2007 and we were moved to disabled accommodation I made damn sure they didn't have our new telephone number or new address for a while, which helped.

 

I remind myself that the situation we're in isn't our fault & we're not deadbeats, just people who had some serious bad luck - that helps keep the blues at bay. Oh, and fighting back - it's a great tonic!

 

I hope some of this helps, and take care of yourself.

 

H.x

Edited June 17, 2010 by Hwyl56

[fossilfinder]

Hi H,

Many many thanks for your reply. I will have a look at all the useful links you have sent and try and inform myself more, as you say being empowered is such a positive thing in situations like this.

 

I was very sorry to hear of your situation and the effects it had, terrible, terrible, I hope you are fairing better these days.

 

I have started receiving piles of letters from the creditors, I will try and deal with each one seperately and get more posts up and go step by step and ignore the phone. RBS have just called, I guess they think sunday isn't out of bounds anymore!!

 

Take care of yourself and thank you for your messages, I really appreciate it.

 

Be in touch

 

Regards

 

FF x (Also H by the way!)

[citizenB]

Would suggest you make a grid of:

 

 

XXXXXXXXXXXXX

XXXXXXXXXXXXX

XXXXXXXXXXXXX

XXXXXXXXXXXXX

Make the colour a medium grey or yellow and sign over the top. Alternatively you can purchase signguard from CAG there is a link somewhere:)

You should pop a dot or squiggle that would be recognised if you saw it pop up on something it shouldnt.

There is NO requirement for you to hand sign a CCA request. Digital signatures are acceptable. But if you want the CCA and perhaps later, a Subject Access Request.. you may just have to..

[fossilfinder]

Hi CitizenB,

 

Many thanks for that, I will write back to them re-requesting the CCA and see whether they play ball. I guess they are wise to people protecting their signatures against 'cut & paste' agreements so it will be interesting to see what comes back to me. Surely they wouldn't be daft enough to use a protected signature to ''re-create'' a CCA ?????? would they?

 

Regards

 

FF

[citizenB]

From this point in time you should only communicate with either the original creditor or DCAs by way of letter. It is your right to communicate by letter, despite companies such as Capone advising you otherwise.

 

This will protect you in the event they decide to start litigation.

 

If they phone, you should politely refuse to go through any security questions that way they shouldnt continue because they are unable to confirm you are the correct person.

 

You should start a file and thread for each company. Keep all envelopes that their letters come in, staple them to the letter. Keep all proof of postings whether they are recorded, special or just the free proof of posting from the post office. Staple them to the copies of letters you send to them. If you are using the tracked/signed for methods of posting. Always check the RM track n trace website a few days after posting and print off the page that advises the date it was received and signature.

 

It is possible you will receive letters advising that you MUST CONTACT WITHIN 48 HOURS. This is a ploy to have you telephone. If you look at their letters they will have taken something like 7-10 days to reach you. That is how urgently they wish to speak to you ! It is intimidation, nothing else.

 

What they will commit to a letter and what they will say on the telephone will be totally different.

 

Anything you are unsure of, dont hesitate to ask.

[fossilfinder]

Hi CitizenB,

 

That is great advice thank you, I have a file which is growing by the day but as you say better to be armed with proofs than telephone calls, even though 'they may be recorded' I'm sure they never would be if it incriminated them!!

 

Thank you again for the offer of further advice if needed, I can't tell you how reassuring it is.

 

Regards

 

FF

[HardYards]

Hey, FF,

 

That is some excellent advice from Citiizen B, I've done much of what CB says & it's really helped insofar as a) I don't worry as much as I used to, and b) the only dealings I have with DCAs is via the post, and they don't bombard us with letters as they used to.

 

Also wanted to say thanks for your kind words, FF.

 

And don't hesitate to ask if you need further clarification - the people on these forums are the true heroes, you ask me.

 

Look forward to see how you get on with your CCA request.

 

All best regards,

H.x (who is really an 'M'!)

[fossilfinder]

Hi M ,

 

Wise words indeed and very reassuring, I will indeed keep you posted.

 

Take Care

 

FF

[fossilfinder]

Hi everyone,

 

I sent my CCA request off to CAP1 on the 17th June, please can soeone just confirm for me the 12+2 date they should respond by?

 

Many thanks

 

FF

[zingy]

Fossil,

 

It is 12 working days from the date they receive it. So, you will be looking at the 7th July when it has expired and then take next steps.

[fossilfinder]

Hi Zingy,

 

Thank you for that.

 

I will await a response!

 

Cheers

 

FF

[HardYards]

Rock on, FF! Will keep an eye on this thread to see how you progress...

 

H.x

[fossilfinder]

Quick update,

12+2 deadline has now passed for Cap1 CCA request, so I will now issue the account in dispute letter and await their response.....

 

will update in due course!

[fossilfinder]

Hi Everyone,

 

Another brief update. I received a letter from CAP1 yesterday, my account in dispute letter must have crossed in the post. Anyway their letter is dated 8th July. It says,

' Thank you for writing to us about your account. It makes no reference to which letter, I initially wrote the I am having financial problems letter and then the CCA request.

It goes on to say

 

'It's going to take us a little while to look into your situation and come back with a detailed response. We'll do everything we can to get an answer to you within four weeks of this letter.

 

If for some reason our investigations take longer than four weeks, we'll contact you to tell you why this is.

 

Thank you for being patient while we collect the information we need!'

 

I would appreciate some advice (again!) I have sent the account in dispute letter which gives them 14 days to do something re sending me my CCA, I imagine they will get that tomorrow. Should I answer their latest letter with something and if so any pointers on what I could/need to say? Or should I just wait for the response to Account in dispute letter? Checking they receive it tomorrow via RM tracking?

 

Many thanks

 

FF

[zingy]

Usual CrapOne response tbh. I'd print out the confirmation when your in dispute letter is delivered and await their next letter.

 

They're great at stalling.

[fossilfinder]

Ok thanks Zingy,

 

Do you know the next step if I don't hear from them within the 14 days? Is there another template you can point me in the direction of, or is it then a waiting game as until they can produce something resembling a CCA the account remains in dispute and they can't add any charges etc to the account?

 

Many thanks

 

FF

[babydoll0141917]

Hi ..I have been n a battle with Crap1 for 2 yrs..They kepted asking for my sig ..i kept saying Bog off got passed to fredricksons ..that got fed up and passed back to crap1..Not heard a word in 8 wks

[zingy]

Ok thanks Zingy,

 

Do you know the next step if I don't hear from them within the 14 days? Is there another template you can point me in the direction of, or is it then a waiting game as until they can produce something resembling a CCA the account remains in dispute and they can't add any charges etc to the account?

 

Many thanks

 

FF

Not sure what the 14 days relate too?

 

Have you:

 

1. Sent the CCA request with the £1; then waited 12+2 working days, and

2. Sent the account in dispute letter.

 

If you have done both of these then the ball is in their court. They will probably send you something over the next couple of weeks. Then post up what they send as an agreement.

 

My best advice is to read over the other threads on the Capital One sub-forum, as you'll be able to see what others have been sent and be ready when you receive a response. Also, re-read posts #2 and #4 as there is some good information to look through via the links provided.

[fossilfinder]

Ok thanks zingy,

 

Yes I sent CCA request + £1 and now sent AID letter, so I'll sit and wait.

 

I will go and read other threads as you advise,

 

Regards

 

FF

[fossilfinder]

Hi Caggers,

 

I am seeking more advice on Default Notices, this is my second in two days and whilst I have been reading and reading threads on Dn's I would appreciate some guidance and advice regarding this one from Cap1.

 

Brief history - sent CCA request, received letter back saying they can't action without a signature, I wrote back saying I'm not obliged to provide one please carry out CCA request as required, they wrote back to say it would take them sometime to deal with my enquiry and would be in touch if they hadn't managed to oblige within 4 weeks I wrote back after the 12 + 2 days from second CCA request with Account in Dispute Letter. They received this on 13 July, I have POD from RM.

 

Today I receive the following;

http://i892.photobucket.com/albums/ac128/fossilfinder/capdefaultlet001-1.jpg

 

I am in a DMP with payplan, early stages, but have not received any notification of a Long Term Payment Plan with CAP1, from either CAP1 or PP.

 

 

 

http://i892.photobucket.com/albums/ac128/fossilfinder/capdefaultnotice003.jpg

 

My questions are;

1) Is there a letter template to reject a DN issued whilst account in Dispute?

2) Irrespective of whether the DN should have been issued does it meet the prescribed requirements?

3) Anyone else received this format from CAP1?

4) What should I do now:confused:

 

As always many thanks peeps

 

FF

Edited July 21, 2010 by fossilfinder
wrong link

[Craigbadger]

You cant stop them issuing the default. As far as I know it is issued automatically after 3 month missed payments. But I think there is an issue if they cant produce an agreement.

 

Unless i'm missing something they have sent a totally blank notice which would surely make it totally defective. However this means nothing until the account is terminated.

Edited July 20, 2010 by Craigbadger

[fossilfinder]

Hi CB,

 

Thank you for that. I have only actually missed one payment, I guess they issued it because they were notified of my financial diffulty.

 

With regards to missing CCA - any comments anyone?

 

With regards to the DN there does seem to be a lot of the required info missing!! There is NO date on the notice, there is on the letter though, does that count?

 

Any thoughts Caggers on what I should do next?

 

Many thanks

 

FF