Capone (cap one)

[hellhasnofury]

When I get a reply from Cap One telling me what section they have used for my CCA, I shall send them a suitable version of the letter to them.

 

I actually spoke to someone on the phone from Cap One a few days ago as my hubby is fed up with telling them I am not in or I am shopping.

 

She asked me for security answers and I refused. She got quite shirty as I explained that I did not intend to discuss financial matters over the phone, but would only deal with it in writing.

She said she wanted to discuss with me what I was doing, and I said I didn't, and put the phone down. I haven't had a phone call since. Funny that eh!!

 

maggiebroom

 

Hiya Maggie,

 

Excellent good for you

 

Makes you feel so good doesn't it

[Alphageek]

After I sent CapOne a harassment by phone letter, Ellie Renshaw wrote back and told me that if you go through security with them and then tell them you're not going to discuss anything with them on the phone, you won't get another call for one week.

 

It kind of makes sense. They should not record anything against your file if they can't confirm who they are speaking to.

 

However, I do have to ask how Ms Renshaw knew I had been refusing to answer their security questions if that was the case!

[Maggiebroom]

Since yesterday morning I now have another copy of my application form (exactly the same as the others) which they are still claiming is the agreement.

 

I just can't get my head round what they are thinking just keep sending me copies of the application. It says in the small print "if my application is successful".

 

What is the matter with them?

 

I think it's time for the strong letter to tell them that they are not complying with the CCA Act and that until they do they can go whistle up their kilt (or words to that effect )

 

Any more of these copies and I will be able to paper my loo walls.And it's a big loo too.

 

maggiebroom

 

P.S. And another letter saying they are very worried about my no payments.

[Maggiebroom]

Just as a matter of interest, I have been reading a little about something called long distance selling.

 

can anyone give me a plain outline of what this means and could the companies we are dealing with claim this in any way?

 

I know there is a section covering this in the CCA, but does it have any bearing on what some of us are trying to acheive?

 

maggiebroom

[Maggiebroom]

Any answer to the above anyone?

 

I am trying to cover all angles they may come up with, and this long distance selling bit may have a bearing on these application forms they are using for agreements.

 

I hope not but you never know.

 

maggiebroom

[Maggiebroom]

Just another update

 

Strill no letter or phone call from Crap One. Perhaps my last letter shut them up for good.

 

maggiebroom

[Maggiebroom]

Talk of the devil and he is sure to appear.

This morning I got a letter from Crap One stating that as far as they were concerned they had supplied all that was neccessary under section 78 of the CCA 1974

 

I cannot believe they have read my last letter properly as in it I stated the specific sections of the act that I was referring to and they have to chosen to completely ignore them.. They also state that they have provided me with CURRENT terms & conditions, when in fact the T & C's should be of the time when the agreement was made.

 

They will just get another letter stating th relevant sections and see what they make of that.

 

The fight goes on..........

 

maggiebroom

[Maggiebroom]

This is my reply to a letter from Cap One stating that they needed specific details of what I am claiming.

 

Dear Sir/Madam

 

Re Account No: 0000000000000000

 

 

I am quite surprised at your reply to my last letter. It seems that either you lost the full letter of have not read it properly.

 

Under s.78 of the CCA 1974, upon request and payment of £1.00 you are obliged to furnish me with a ‘true copy’ of my credit agreement with your company plus a copy of the Terms & Conditions applicable at the time of the alleged agreement. This must be supplied within 12 working days of the request, which allowing for postage etc., meant that a ‘true copy’ of the alleged agreement should have been supplied to me by the 9th May at the earliest. As this did not arrive until 1st June your company was already in default.

 

The actual sections of the Act I quoted in my last letter that applies to the specific terms not included in the documentation are as follows (The complete section is quoted for clarity) the relevant points are highlighted:

 

S.60 Form and content of agreements

(1) The Secretary of State shall make regulations as to the form and content of documents embodying regulated agreements, and the regulations shall contain such provisions as appear to him appropriate with a view to ensuring that the debtor or hirer is made aware of—

(a) the rights and duties conferred or imposed on him by the agreement,

(b) the amount and rate of the total charge for credit (in the case of a consumer credit agreement),

© the protection and remedies available to him under this Act, and

(d) any other matters which, in the opinion of the Secretary of State, it is desirable for him to know about in connection with the agreement.

(2) Regulations under subsection (1) may in particular—

(a) require specified information to be included in the prescribed manner in documents, and other specified material to be excluded;

(b) contain requirements to ensure that specified information is clearly brought to the attention of the debtor or hirer, and that one part of a document is not given insufficient or excessive prominence compared with another.

CCA 1974 s(61) (1)

A regulated agreement is not properly executed unless—

(a) a document in the prescribed form itself containing all the prescribed termsand conforming to regulations under section 60(1) is signed in the prescribed manner both by the debtor or hirer and by or on behalf of the creditor or owner, and

(b) the document embodies all the terms of the agreement, other than implied terms, and

© the document is, when presented or sent to the debtor or hirer for signature, in such a state that all its terms are readily legible.

S.65 Consequences of improper execution

(1) An improperly-executed regulated agreement is enforceable against the debtor or hirer on an order of the court only.

 

Regarding the enforceability issue due to incorrect pre-contractual form and content:

 

As per section 127(3) of the act the minimum requirement for a court to consider enforcing a agreement of this type(Running account Credit) is that it should have the Debtor/ Hirer’s signature and all the prescribed terms contained in Statutory instruments 1983/1553 Schedule 6; As directed by section 60 of the Act

• Credit limit• Rate of interest • Repayments

If any of these items are missing then a court cannot enforce any agreement made and regulated by the Act prior to April 6th 2007.

The absence of all other aspects of the agreement relating to form and content as defined in the Agreement Regulations (1983/1553) render the contract enforceable only by order of the court.

 

I find it difficult to understand why you do not forward a ‘true copy’ of the signed agreement, and can only conclude that it does not exist. The three copies you have sent me clearly state at the top of the paper that they are ‘Short Application Forms’.

 

The credit application/agreement is therefore improperly executed, and as a consequence is irredeemably un-enforceable: (Wilson v First County Trust CA). Can you please confirm that the ‘credit agreement’/applications you recently sent to me is the documentation you are relying on in this disagreement.

 

I look forward to your final decision on this complaint within 14 days. This should include your proposed actions in relation to the lack of a regulated credit agreement.

 

Yours faithfully

 

 

 

They have already had these mentioned and have chosen to ignore them. I am not 100% sure of the faxct that the T & C's must be the ones applicable at the time of the agreement. If someone could clarify that for me before I send the letter, as it must be right.

 

Anyone's opinion gratefully accepted

 

Maggiebroom

[hellhasnofury]

This is my reply to a letter from Cap One stating that they needed specific details of what I am claiming.

 

Dear Sir/Madam

 

Re Account No: 0000000000000000

 

 

I am quite surprised at your reply to my last letter. It seems that either you lost the full letter of have not read it properly.

 

Under s.78 of the CCA 1974, upon request and payment of £1.00 you are obliged to furnish me with a ‘true copy’ of my credit agreement with your company plus a copy of the Terms & Conditions applicable at the time of the alleged agreement. This must be supplied within 12 working days of the request, which allowing for postage etc., meant that a ‘true copy’ of the alleged agreement should have been supplied to me by the 9th May at the earliest. As this did not arrive until 1st June your company was already in default.

 

The actual sections of the Act I quoted in my last letter that applies to the specific terms not included in the documentation are as follows (The complete section is quoted for clarity) the relevant points are highlighted:

 

S.60 Form and content of agreements

(1) The Secretary of State shall make regulations as to the form and content of documents embodying regulated agreements, and the regulations shall contain such provisions as appear to him appropriate with a view to ensuring that the debtor or hirer is made aware of—

(a) the rights and duties conferred or imposed on him by the agreement,

(b) the amount and rate of the total charge for credit (in the case of a consumer credit agreement),

© the protection and remedies available to him under this Act, and

(d) any other matters which, in the opinion of the Secretary of State, it is desirable for him to know about in connection with the agreement.

(2) Regulations under subsection (1) may in particular—

(a) require specified information to be included in the prescribed manner in documents, and other specified material to be excluded;

(b) contain requirements to ensure that specified information is clearly brought to the attention of the debtor or hirer, and that one part of a document is not given insufficient or excessive prominence compared with another.

 

CCA 1974 s(61) (1)

A regulated agreement is not properly executed unless—

(a) a document in the prescribed form itself containing all the prescribed termsand conforming to regulations under section 60(1) is signed in the prescribed manner both by the debtor or hirer and by or on behalf of the creditor or owner, and

(b) the document embodies all the terms of the agreement, other than implied terms, and

© the document is, when presented or sent to the debtor or hirer for signature, in such a state that all its terms are readily legible.

S.65 Consequences of improper execution

(1) An improperly-executed regulated agreement is enforceable against the debtor or hirer on an order of the court only.

 

Regarding the enforceability issue due to incorrect pre-contractual form and content:

 

As per section 127(3) of the act the minimum requirement for a court to consider enforcing a agreement of this type(Running account Credit) is that it should have the Debtor/ Hirer’s signature and all the prescribed terms contained in Statutory instruments 1983/1553 Schedule 6; As directed by section 60 of the Act

 

• Credit limit• Rate of interest • Repayments

 

If any of these items are missing then a court cannot enforce any agreement made and regulated by the Act prior to April 6th 2007.

The absence of all other aspects of the agreement relating to form and content as defined in the Agreement Regulations (1983/1553) render the contract enforceable only by order of the court.

 

 

I find it difficult to understand why you do not forward a ‘true copy’ of the signed agreement, and can only conclude that it does not exist. The three copies you have sent me clearly state at the top of the paper that they are ‘Short Application Forms’.

 

The credit application/agreement is therefore improperly executed, and as a consequence is irredeemably un-enforceable: (Wilson v First County Trust CA). Can you please confirm that the ‘credit agreement’/applications you recently sent to me is the documentation you are relying on in this disagreement.

 

I look forward to your final decision on this complaint within 14 days. This should include your proposed actions in relation to the lack of a regulated credit agreement.

 

Yours faithfully

 

 

 

They have already had these mentioned and have chosen to ignore them. I am not 100% sure of the faxct that the T & C's must be the ones applicable at the time of the agreement. If someone could clarify that for me before I send the letter, as it must be right.

 

Anyone's opinion gratefully accepted

 

Maggiebroom

 

Hello Maggie,

 

You are correct, the terms and condition that they send you should be the ones that were applicable to the application form they are sending out.

Idiots:-x

[Maggiebroom]

Thanks hell

 

I thought that was the case. I have had another letter this morning threatening al sorts of dire circumstances regarding my credit history and telephone calls and letters......... you know the sort of thing.

 

I shall carry on with the above letter but I shall also include a section 10 notice.

 

Perhaps then I will get a sensible answer fropm these stupid people.

 

maggiebroom

[Maggiebroom]

Hello again all

 

Another update

I have had a couple of phone calls from these idiots today. I told them both the same thing. I will not talk about my finances over the phone, only communicate by letter.

 

Do they not talk in that department? Surely if the call in the afternoon gets the same answer as the morning call, they wouldn't bother calling again would they??

 

Of course they would the idiots. I wouldn't mind but the man in the morning sounded American or Canadian and the lady in the afternoon sounded of Asian descent.

Perhaps they are reading from a card and don't understand the English language.??

 

Oh Well, it's their phone bill not mine.

 

Another update again as soon as.

 

maggiebroom

[Maggiebroom]

Six calls from these idiots today, so a rather strong harassment by telephone complaint is going off to them tomorrow.

 

They don't bother me but the telephone is on the other side of the room and they will insist on ringing during one of my favorite programmes.

 

Two calls yesterday and six today is too much so off goes the letter.

My hubby said something very rude to them, and if he could have got down the phone to them there would be blood on Crap Ones office walls. I told him, that is exactly what they want; to make him mad. He is usually quite placid, but eventually he blows his top, and I am afraid he did tonight, so for their sakes |I have to calm them down a bit.

 

He He! the Asian lady was quite angry and said the calls would not stop if she could help it. If only I had been able to record that one.

 

Oh well lets hope the letter will stop the calls. I don't think so, but it may reduce the number of them.

 

maggiebroom

[hellhasnofury]

Six calls from these idiots today, so a rather strong harassment by telephone complaint is going off to them tomorrow.

 

They don't bother me but the telephone is on the other side of the room and they will insist on ringing during one of my favorite programmes.

 

Two calls yesterday and six today is too much so off goes the letter.

My hubby said something very rude to them, and if he could have got down the phone to them there would be blood on Crap Ones office walls. I told him, that is exactly what they want; to make him mad. He is usually quite placid, but eventually he blows his top, and I am afraid he did tonight, so for their sakes |I have to calm them down a bit.

 

He He! the Asian lady was quite angry and said the calls would not stop if she could help it. If only I had been able to record that one.

 

Oh well lets hope the letter will stop the calls. I don't think so, but it may reduce the number of them.

 

maggiebroom

 

Hello Maggie,

Maybe try this approach, I found it most theraputic:lol:

 

 

:-D

[Maggiebroom]

Hey that brings back memories

 

I actually did that to a mobile phone salesman who interrupted Eastenders when Stella was torturing little Ben.

 

OOh! it did make me feel better

 

Then there was the mortgage salesman who asked to speak to the landlord and I gave him the Local Council Leaders name and address.

 

I too am ex directory and the phone calls we get are horrendous. I don't know why we are ex directory anymore.

 

I actually find the phone an invasion of my privacy while my hubby has to have his mobile surgically removed from his ear every now and again. I don't know what he finds to talk about.

I got another call from Cap One this afternoon and told the girl that there was a harrassment letter on the way and she said good, because the more we protest the more they will ring. Cheeky bitch. I just said its your phone bill not mine. She even gave me her name for the log I am keeping. I think she thought I was bluffing. Wait the letter arrives on Monday.

 

maggiebroom

[hellhasnofury]

Hey that brings back memories

 

I actually did that to a mobile phone salesman who interrupted Eastenders when Stella was torturing little Ben.

 

OOh! it did make me feel better

 

Then there was the mortgage salesman who asked to speak to the landlord and I gave him the Local Council Leaders name and address.

 

I too am ex directory and the phone calls we get are horrendous. I don't know why we are ex directory anymore.

 

I actually find the phone an invasion of my privacy while my hubby has to have his mobile surgically removed from his ear every now and again. I don't know what he finds to talk about.

I got another call from Cap One this afternoon and told the girl that there was a harrassment letter on the way and she said good, because the more we protest the more they will ring. Cheeky bitch. I just said its your phone bill not mine. She even gave me her name for the log I am keeping. I think she thought I was bluffing. Wait the letter arrives on Monday.

 

maggiebroom

 

Hello Maggie,

 

I do hope that you don't go through the security checks with them, refuse, don't argue, because they want to:eek: and don't hang up, put the phone down and wash the dishes or hoover or repeated make straining noises and flush the toilet. My husband does it all the time.

 

Hope you have a good night tonight. Do you wear the buttons?

[Maggiebroom]

Morning All

 

Had a good night last night at our 'Cockney Night' Everyone enjoyed it, even the little old lady who was bought along very early because Dial-a-Ride couldn't get everyone on the bus. She sat for nearly an hour and a half before the evening started. Oh Bless, she was so sweet.

 

The when we got home about 11.00pm there were more calls from Cap One on the answer machine. It really beggars doesn't it.

 

Oh well as I said before it's their phone bill. They keep telling both of us that if we don't phone them they will keep phoning us. I am trying to find some reference to that poor girl who has just been awarded compensation from Halifax for harassment calls.

 

If anyone knows where I can get the info from I would be grateful.

 

maggiebroom

[Maggiebroom]

Crap Ones phone tally so far;

 

Thursday26th July 3 calls

Friday 27th July 6 calls

Saturday 28th July 4 calls

Sunday 29th July 3 calls so far

 

I am positive this is way beyond their allowance.

 

Does anyone know a good solicitor, or is there one on the site who can help with my complaint.

Like Alison Turner with the Halifax I am going to beat them. :D

 

maggiebroom

[Maggiebroom]

Final tally for phone calls from Crap One since Thursday 17 calls.

I wouldn't mind but they are so rude with it, especially the women. Why is that??

Perhaps the Asian Lady feels inferior for some reason or another.

Whatever - she is a total bitch and I hope they forget to pay her wages for the weekend.

She won't wear me down. I am even more determined than ever to put a stop to her arrogance and insults.

 

maggiebroom

[hellhasnofury]

Final tally for phone calls from Crap One since Thursday 17 calls.

I wouldn't mind but they are so rude with it, especially the women. Why is that??

Perhaps the Asian Lady feels inferior for some reason or another.

Whatever - she is a total bitch and I hope they forget to pay her wages for the weekend.

She won't wear me down. I am even more determined than ever to put a stop to her arrogance and insults.

 

maggiebroom

 

 

Hello Maggie,

 

Oh dear your shouting Maggie:-D Yes they are despicable I had this trouble from MBNA.

 

I wrote a letter of Complaint to the Chief Executive Officer and although he personally did not reply, The phone calls stopped. The calls were terrible and I got so annoyed, but that is what they want to do. You have to feel sorry for them really, sad pathetic people who obviously have severe issues from their childhood, not brought up to respect others, maybe bullied, don't have any qualifications for a proper job, desperate for money to avoid themselves being chased for money.

 

Anyway I do believe Crapone will have hired a company to chase up with the phone calls.

 

Maybe ask next time they ring it they are actually capone or a respresentative phoning on behalf of capone. Is there anyway you can record the conversation.

 

You can get to the bottom of this problem and even get even if you can get more information. These horrible people are not invincible. They think they can hide and not be brought to task at their total contempt for others. I am a great believer in doing unto others as you would only have done to yourself. Its time for Karma:-D

 

Keep you chin up and don't let the b****rs grind you down, they are nobody special

[Maggiebroom]

Hello Maggie,

 

Oh dear your shouting Maggie:-D Yes they are despicable I had this trouble from MBNA.

 

I wrote a letter of Complaint to the Chief Executive Officer and although he personally did not reply, The phone calls stopped. The calls were terrible and I got so annoyed, but that is what they want to do. You have to feel sorry for them really, sad pathetic people who obviously have severe issues from their childhood, not brought up to respect others, maybe bullied, don't have any qualifications for a proper job, desperate for money to avoid themselves being chased for money.

 

Anyway I do believe Crapone will have hired a company to chase up with the phone calls.

 

Maybe ask next time they ring it they are actually capone or a respresentative phoning on behalf of capone. Is there anyway you can record the conversation.

 

You can get to the bottom of this problem and even get even if you can get more information. These horrible people are not invincible. They think they can hide and not be brought to task at their total contempt for others. I am a great believer in doing unto others as you would only have done to yourself. Its time for Karma:-D

 

Keep you chin up and don't let the b****rs grind you down, they are nobody special

 

 

OOOPs sorry I didn't mean to shout I was only making the amount of calls bigger lettering so must have forgotten to alter the size.

 

However I have had two more calls this afternoon within ten minutes of each other.

Actually you don't have to record the calls. If it gets to a court case all you have to do is tell the court each time for the calls and they have to provide their phone bills or records and they should tally with the times you have written down. That proves that they are calling you continuously. At least thats the way I look at it.

 

If they carry on, I too shall write to the chief executive and ask him to sort it out. I don't think the departments communicate with each other. The collections department can't know that the account is in dispute, or haven't been told, and I certainly won't do their job for them. I want to get them to court if I can.

My hubby is also still waiting for his CCA from cap One as they have been in default since 24th July. Again it's all over PPI payments.

 

Will Crap One never learn.

 

maggiebroom

[Maggiebroom]

Seven more calls today SO FAR

 

That makes a grand total of 25 calls since Friday. Even that Alison who took Halifax to court didn't get that many, so I would imagine the case for me would be a good one.

By the end of this week I shall send (as you suggested) a copy of the harassment letter and also a log of the calls I have had to the CEO of Cap One and see if that does anything.

 

Its become quite a game now. I have resorted to saying "Never heard of her".

 

As I write this reply the tally has now reached 26.

 

maggiebroom

[hellhasnofury]

Seven more calls today SO FAR

 

That makes a grand total of 25 calls since Friday. Even that Alison who took Halifax to court didn't get that many, so I would imagine the case for me would be a good one.

By the end of this week I shall send (as you suggested) a copy of the harassment letter and also a log of the calls I have had to the CEO of Cap One and see if that does anything.

 

Its become quite a game now. I have resorted to saying "Never heard of her".

 

As I write this reply the tally has now reached 26.

 

maggiebroom

 

Hello Maggie,

 

Well they certainly are eager to speak to you:-D You must be very important to them.

 

I can remember reading a post of Laiste, can find it now tho. She stated that it was important to allow the company involved, the courtesy of allowing themselves to dig a bigger hole. and if the matter became a court case, you can show the judge the fact that they have acted unreasonably, in how they harassed you when the matter was in dispute.

 

Just a thought, keep all info for your files

 

Oh and every time the phone goes log it and smile.

[Maggiebroom]

Hello Maggie,

 

Well they certainly are eager to speak to you:-D You must be very important to them.

 

I can remember reading a post of Laiste, can find it now tho. She stated that it was important to allow the company involved, the courtesy of allowing themselves to dig a bigger hole. and if the matter became a court case, you can show the judge the fact that they have acted unreasonably, in how they harassed you when the matter was in dispute.

 

Just a thought, keep all info for your files

 

Oh and every time the phone goes log it and smile.

 

The tally is now 28 . I had two more after my post.

 

I am keeping the dates and the times. To be fair (unwillingly) every other call is for my husband who applied for his CCA (again because they would not repay the PPI which he can't claim as he is on benefits) on 3rd July.

He has heard nothing either so now Crap One have defaulted on his CCA too, as they had till the 23rd July to supply the true copy. He is going to leave it till 23rd August and claim a criminal offence. If we can survive all these phone calls. I think I shall say we have moved now.

 

Its all good fun though isn't it. I gotta laugh or I'd cry.

 

I still haven't had a reply to my last letter quoting all the sections of the various acts regarding my CCA. Just these interminable phone calls.

 

maggiebroom

[Maggiebroom]

PS Hell

 

Who on here (this site) would know how to go about a harassment case? I haven't a clue where to start. I think I ought to start gathering the information.

 

maggiebroom

[Maggiebroom]

Another three calls

 

That makes 12 today so far.

 

good innit!!!

 

maggiebroom