Default notice on account after CCA request defaulted by Cap One

[harrystottle]

Hi All

 

Sorry if this information is already available on the site

but I have looked in countless threads and can't seem to find anything that relates directly to my situation, which is...

 

I had two credit cards from Capital One which I had been making regular minimum payments on for some time.

 

I had a little patch of financial difficulty and decided to see if I could avoid making payments

by making a formal request for copies of the agreements under CCA.

 

Incidentally I am completely outraged about the blatant [edit] and [edit] carried out every day by the financial[edit]and banksters in the City and on Wall Street.

 

On those grounds, I feel it my right, almost my moral duty to evade payment if I can.

 

That aside,

 

I sent the requests back n the beginning of February and they replied with a letter stating

that they would not provide anything to me without a signed request.

 

I pointed out that this was not a requirement under the Act

 

in the meantime the 12+2 days came and went so I sent them a follow up letter stating that they were in default of my request.

 

Of course, true to form, they ignored this and so I had lots of Philipino call centre staff on the phone

to me at all hours trying to get me to make payment (which obviously I declined to do).

 

Finally they sent me a barely legible photocopy of an agreement for one of the cards (copy attached) on 3 May.

 

This does appear to be signed by me and them,

but the Ts and Cs are in a miniscule font which is impossible to read properly.

 

I have attached a scan of this as it is possible to blow them up in a .pdf reader and just about make the text out.

 

They also said that they had already sent these documents on 12 March, but I didn't receive them,

and even if I had, this would have been outside of the statutory time limit

and would have placed them in default of my request.

 

I am still waiting for a copy of the second agreement but they have now sent me a notice of default

on the first card and (oddly) a statement of default on the second card

(the one that they couldn't supply an agreement for) and now have referred the latter alleged debt to a DCA.

 

I contacted the DCA and explained the situation and they have graciously agreed to suspend 'action'

on the account for 15 days on the condition that I contact Crapital One again

and request the copy of the agreement (again).

 

Could anyone suggest how best to deal with this?

 

Also if this debt is unenforceable without a court order are they entitled to place it in default,

and if not, can I have the default notice removed from my credit file?

 

Thanks in advance for any advice and apologies if I have missed this information elsewhere on the site

– if I have, a pointer in the right direction would be greatly appreciated.

Edited May 31, 2013 by harrystottle
Attachments failed

[dx100uk]

there is no requirement to hold a copy of the cca to be able to default you.

 

if you wish to practice debt avoidance

then that's the sad penalty.

 

dx

[harrystottle]

hello d

 

Thanks for the reply

 

could you possibly elaborate?

[dx100uk]

I would have thought with all your research you'd have found that out already?

 

unless you've sadly been a wee bit misled by reading other debt sites?

 

dx

[harrystottle]

ermm is that it?

[dx100uk]

how old are these cards?

 

it is true that if they cannot supply a 'true copy' of the agreement

you may withhold payment.

however, if they latterly supply one

there is no rule they have broken though missing a time limit.

 

as long as they have a consumer credit licence

which ofcourse they will be a creditor

they can mark your cra file at will.

 

it this situation this seems quite correct

 

sadly all the little 'debt avoidance' paperwork wriggles went out the windows years ago.

thanks to the like of rankines etc etc

 

dx

[BRIGADIER2JCS]

dx100 has stated facts as they are, ''paperwork anomalies'' unless major will not affect enforceability, and will not prevent a default being placed, and should not be seen as a blatant way of avoiding responsibilities.

[SWLABR9]

rankines?

[BRIGADIER2JCS]

rankines?

 

Case Law.

[harrystottle]

Ah okay - well it was worth a try I suppose. Thanks for the info. Just for the record I don't habitually shirk my responsibilities when it comes to debt, but the way these companies operate makes them fair game in my view.

[dx100uk]

hey that doesn't mean we cant help you...

 

have you looked at PENALTY charges & PPI?

 

and how old are the cards and the defaulted dates could be useful too.

 

dx

[harrystottle]

Hi again

 

There was no ppi on the accounts and I think I sorted out most of the penalty charges and got them refunded a while back.

 

The cards we taken out around 2006/7 I think

 

- just to reiterate,

 

the one card that has been defaulted is the one for which, so far, they haven't been able to provide a copy of the original agreement.

 

I am anticipating a second default notice for the other card at any time and would like to head this off if possible

but it appears from what has been said so far that this is something of an inevitability, unless I agree to 'cough up' of course....

[dx100uk]

that's about it yes.

 

not alotyou can do unless you pay.

 

but a tleast you hav egot it defaulted and in 6yrs it will vanish totally.

 

dx