Capone (cap one)

[midge61]

Well done Maggie

 

That sounds very promising. what did tTS say about the fact they have not provided a cca?

[hellhasnofury]

Hello Maggie,

 

Dont they take any heed of the cca. Send them another letter stating along these lines

 

Be warned, the CCA 1974 is clear that a default can only be issued for breach of a valid, regulated agreement. If there is no regulated agreement, as in this case, then you cannot issue a default as I have not breached any valid, regulated agreement.

 

Then watch them dig a bigger hole for themslves:lol:

 

[Maggiebroom]

Hello Maggie,

 

Dont they take any heed of the cca. Send them another letter stating along these lines

 

Be warned, the CCA 1974 is clear that a default can only be issued for breach of a valid, regulated agreement. If there is no regulated agreement, as in this case, then you cannot issue a default as I have not breached any valid, regulated agreement.

 

Then watch them dig a bigger hole for themslves:lol:

 

 

I thought they couldn't do it, but they are claiming that there is no dispute and are adding on interest and charges all the time even though there is one. That is what all the telephone calls are about, because they say I have reneged on payments.

If they don't agree that there is a dispute do you really think they will not issue a default. I shall have to send another letter stating very clearly what you have just said. That there is a dispute and they can't issue a default. I don't somehow think it will matter to them. They are breaking the law all the time, so another one won't make any difference.

 

I just don't know how this will end. I think I will probably have to issue an NI. I wish they would and then it would make it all less expensive for me. However I'll give them top marks for sticking to their guns. I have a few irons in the fire myself, and I have a feeling this case will go all the way.

 

maggiebroom

[Maggiebroom]

Well done Maggie

 

That sounds very promising. what did tTS say about the fact they have not provided a cca?

 

 

Hi Midge

 

TS were more interested in the phone calls. I said exactly what was happening and that there was a dispute, and they seemed to feel that the calls should be stopped first. Then the CCA dealt with. I think I am inclined to agree.

At the moment the calls are a more urgent issue. However I don't think they have done themselves any favours with this harassment. If this ever does go to court and I have a feeling it might, all this will come out and will certainly not help their case.

No CCA and all this harassment. Big company against small consumer. Loverly paper fodder, don't you think I feel quite positive.

 

maggiebroom

[Maggiebroom]

Hi again

 

I had a letter from TS on Saturday asking for letters of authority and copies of all letters relating to telephone harassment.

These will be supplied today and we'll see what happens then. She also asked for a copy of the application (called agreement) that I got from Crap 1, and she is going to tackle them on that as well.

 

I was out for the day yesterday and lo and behold 6 calls on the answer machine. All from Crap 1. That makes 120 calls since 27th July 2007 (God knows how many I missed having unplugged the phone).

 

Makes you wonder don't it.

 

maggiebroom

[ukaviator]

Hi Maggie

 

Just for info really in case you need some help, this user is also having trouble with phone calls. Trading Standards have set up a meeting with Capital One. Link is here:

 

http://www.consumeractiongroup.co.uk/forum/capital-one/93604-cca-final-countdown.html

 

Uk. .

[Maggiebroom]

Hi Maggie

 

Just for info really in case you need some help, this user is also having trouble with phone calls. Trading Standards have set up a meeting with Capital One. Link is here:

 

http://www.consumeractiongroup.co.uk/forum/capital-one/93604-cca-final-countdown.html

 

Uk. .

 

 

Hi UK

 

Thanks for that thread. It is very very similar to my own.

God I want that Ellie Renshaw on a stick:mad:

I have sent Mainman some of my thoughts. lets see how he gets on.

 

maggiebroom

[jster$$$]

wow maggie you certainly have those two fingers in lots of pies:D

 

i have been reading your threads and others for weeks now and have found lots and lots of useful information so may i take this opportunity in thanking you and everyone else on this ppi forum.

 

J:)

[the main man]

Hi Maggie,

 

I have been eagerly awaiting a decision from TS on the crap agreement I received so this has muffled the ringing in my ears, but can understand how 12 calls a day can get to you!!

 

I first complained to TS about the phone calls on the 25th July and reminded them on the 10th August and Cap1 are still averaging 7 calls a day!! 0800422095 or 0800422093, are the numbers that have appeared on my phone for the last couple of months an average of 50 times a week, with the same pattern of ringing once and then ringing again ten minutes later!! I have call divert on my phone line so was thinking of having some fun by diverting all my calls to the local Indian restaurant for a laugh and to confuse them a bit:D

 

Seriously though, a good punch in the face is better than a slap on the wrist when dealing with bully's, so I cannot understand why for all the offences they have committed these companies have not had their licenses removed?? there is enough evidence out there but it seems it is falling on deaf ears. The OFT only seem to refuse or revoke the licenses of smaller rogue traders but do seem to issue more warnings than direct action (see Consumer credit licence quarterly update 21 May 2007)

 

I will keep looking in and inform you of any developments

 

Regards

 

MM

[Maggiebroom]

Hi

 

Those phone numbers are imprinted on my brain.

 

I too get the silent calls then the main call ten minutes later. I really really thought they were designed to make me think that there was a perve on the phone.

 

I think Crap 1 should be hauled into court for mediaeval bullying tactics and mental harassment. in this day and age it is disgusting that a company should be allowed to harass people in this way.

 

The thing is not enough people complain and they get away with it.

 

We should all band together and make mass complaints. Surely then Ellie Renshaw and her team of idiots would not be able to claim they are only concerned about us. That made me more angry than the calls. How dare she attack my intelligence in this way. Patronizing B****.

 

Battle on my friend I intend to.

 

maggiebroom

[Maggiebroom]

Yesterday (22nd) was the first day for two months that we did not receive a call from Crap 1.

 

We were out till two p.m and there was nothing on the answer machine that we could say was them. Neither did we get any more calls.

 

Perhaps our MP's letter and the Trading Standards lady have made their mark. I suppose we can't clap our hands till another few days have passed. However Last night I went to bed a bit more light headed than usual.

 

Today a letter is going off about not passing on the default they are threatening.

 

another update soon.

 

maggiebroom

[Maggiebroom]

Well Folks

 

I do not know where to start I am so flabbergasted at my mail this morning.

 

I got a letter from Trading standards with a copy of a letter sent to Crap 1 and it is absolutely beyond belief.

 

Quote:

 

I think they have complied with the Consumer Credit Act and I think they would have a defence to any action under the Administration of Justice Act if you hang up as soon as they call.

 

The Protection from Harassment Act was mainly brought in to deal with stalkers and I do not think is applicable here in normal circumstances.

 

end quote

 

In her letter to Crap 1 :

 

quote:

 

In my opinion Section 78 of the Consumer Credit Act has been complied with by your company supplying a copy of the signed agreements and a copy of the current terms and conditions. The statement on the Short Application Form above the signature box, that the customer agrees to be bound by the terms & conditions, as amended from time to time, would indicate that current terms and conditions apply.

 

Mrs maggiebroom says that repeated calls to her, sometimes up to 12 a day, amount to harassment.I have seen a copy of your letter to Mrs maggiebroom dated 14th August 2007 and note that you say if your company calls Mrs maggiebroom and establishes she is indeed maggiebroom you will in future call her once a week or less. If that is the case, I will advise her to establish her identity with anyone from your company who calls and in return she can expect the daily calls to cease.

 

endquote:

I cannot put into words how I feel about this letter. I consider that Trading standards are a complete waste of their wages, and if this person had read any of the Acts concerned she would know that what she has just written to Crap 1 is an utter load of rubbish.

There are also personal details in the letter which she has got completely A***uppards. She must have not remembered all I told her and filled in the gaps as she went along.

 

I would however like someone at Cag to confirm for me that the agreement HAS to have prescribed terms in and that the terms & Conditions have to be relevant to the time of the agreement. The piccy of the application is in a post further back in the thread (can't remember which post)

 

I wish to be absolutely clear on my facts before I write my next letter to Trading Standards. I am so dumbfounded at this stupid TS Officer who has stated in a letter that Crap 1 are correct in what they have done. I fully intend (politely) to tell her what I think of her letter and suggest that she goes back to the drawing board to get her facts right.

 

Anyones opinion greatly appreciated. URGENTLY PLEASE folks. I need to go and have a cold shower to get the steam out of my body.

 

maggiebroom :mad:

[Maggiebroom]

The application picture is in photobucket (see post #2 88)

 

By the way my keyboard screen and chin are now completely dripping in spit.

 

maggiebroom

[Maggiebroom]

I could cheerfully swing for Trading Standards.

 

After two days of peace Crap 1 have started again with the phone calls. I knew this morning as soon as I read the copy of the letter they sent to Crap 1 that they would start again.

I cannot express how angry I am with Trading Standards. They obviously have not interpreted the CCA properly and have told Capital One they are right. She has even advised ME to answer their calls. She reckons that they would have a defence against harassment because I will not speak to them. What absolute rubbish!!! :o :o

Where is this B***** woman coming from. Even if I answer their calls can you imagine what they are going to say.

 

"Well trading standards say we are right, so there"

 

I am well and truly p***** off with TS. I cannot speak to them now till Wednesday, but be assured I will have something to say then.

 

Can someone please advise me if I am right about the agreement and T & C's as I want to be absolutely sure before I start firing the guns.

 

Sorry folks I am just absolutely raving about TS and that stupid letter.

 

ANYONE PLEASE??

 

maggiebroom

[the main man]

Hi Maggie,

 

Hope you had a nice cold shower!! I'm afraid there is no excuse, TS are there to protect the consumer and when they fail to see something that is there in black and white you really have to wonder what is going on!!

 

Personally, I would write to them and ask them to reconsider their decision I'm no great letter writer but you can use this and change it to suit if you wish

 

All the best

 

MM

 

Thank you for your letter dated.........

 

As you will be able to see from my original complaint dated .... ......... .... I exercised my right under the relevant sections of the Consumer Credit Act for a copy of the credit agreement.

 

It is still my opinion that Capital One have not fully complied with my Section 78 request under the Consumer Credit Act 1974, and cannot understand why you have come to the conclusion that you have.

 

My main concern is the lack of prescribed terms on the 'True Copy of the Executed Agreement' they sent me, this document despite the fact it is an application form (Pre-contractual), seems to be unenforceable even by the courts (see below).

 

 

8.1 What are ‘prescribed terms’?

S61(1)(a) CCA provides that, for a regulated agreement to be properly executed, it must contain all the prescribed terms of the agreement and conform to regulations under s60(1) – see Q1.14.

 

Reg 6(1) provides that the terms specified in Sch 6 to the Agreements Regulations are ‘prescribed terms’ for the purposes of s61(1)(a) and s127(3) – see Q8.2.

 

8.2 What if prescribed terms are missing or incorrect?

s127(3) provides that the court may not make an enforcement order unless a document containing all the prescribed terms of the agreement was signed by the debtor – see Q1.21.

 

If therefore any of the prescribed terms is missing, or incorrect, the agreement is not enforceable against the debtor, and the court is precluded from making an enforcement order.

 

 

8.3 What are the prescribed terms?

The prescribed terms specified in Sch 6 are as follows:

• amount of credit – see Q8.

• credit limit – see Q8.5
  
• rate of interest – see Q8.6
  
• repayments – see Q8.9.
  
• Sch 6 was not amended by the 2004 Regulations.

The link to the document is here:

http://www.oft.gov.uk/shared_oft/rep...it/oft786a.pdf

 

It is for these reasons that I would ask you to reconsider your decision.

 

 

Yours sincerely

[Maggiebroom]

Hi Mainman

 

I knew I was right. You have restored my faith.

My main problem now is that this stupid woman from the TS sent this letter to Cap One telling them that they are right and the damn phone calls have started again.

 

I could literally commit something I should not even be thinking of. I just want them to take me to court so a judge can decide.

 

My hubby says that I should sue the Council (because thats who funds everyones local TS) for bad advice.

 

Thanks again my friend. The steam is now just a small pouff

 

maggiebroom

[Maggiebroom]

Hi again Mainman

 

can you check the OFT link you put in your previous post. It doesn't work and I can't find the pdf on the oft website.

I would like to have something to throw at the TS so if that pdf can be the stone I throw I would much appreciate it.

 

thanks in advance

 

maggiebroom

[the main man]

Hi Maggie,

 

Sorry about that, they have obviously moved it somewhere but will try and find it for you

 

Regards

 

MM

[the main man]

Hi Maggie,

 

See if this works!!

 

http://www.oft.gov.uk/shared_oft/rep...it/oft786a.pdf

[Maggiebroom]

Hi

 

Many thanks Mainman That link works perfect. That shall be thrown at them on Tuesday

 

maggiebroom

[Maggiebroom]

I have been reading (mass complaints thread re DCA's)

I just want to clarify that a company cannot pass on an account to a DCA if they are in dispute.

 

Is this correct? Bit worried that Crap 1 will do this to me, and if they do what DCA do they use?

 

maggiebroom

[Maggiebroom]

Well its a sure sign the Bank holiday is over. From 12.30pm today I have had twelve calls from Capital One and I am sure this is all down to that b****** womans letter from TS. telling Capital one that their copy of my application form is correct and that I should answer their calls to stop harassment .

 

I would love to get my hands round that b***** womans throat. She should be hung drawn and quartered THRICE.

 

Now I have to get started all over again. Whatever was the stupid woman thinking of. She obviuosly didn't read the CCA properly.

 

God help the world from stupid officials. We are now using a panic button with them. I hope their ear drums are burst. (Its a very loud one too )

 

maggiebroom

[reidnet]

LLF Maggie,

[patrickq1]

hi maggie sorry to hear you are still getting problems have a look at thisRegrettably, some over zealous collection agencies seem to be flouting the laws because they know that most people are not aware of what they can and can't do. There are a number of laws that protect people in debt from unreasonable behaviour from creditors or their agents, namely, Section 40 of The Administration of Justice Act 1970 and specifically, The Protection from Harassment Act 1997.

 

to be clear about this, it is a CRIMINAL OFFENCE if a creditor or their agent makes demands for money in such a manner that it causes the debtor or his/her family, alarm, distress or humiliation. Specifically, harassment is a criminal offence under Section 2 of The Protection from Harassment Act 1997 and punishment on conviction, is six months' imprisonment and/or a level 5 fine (up to £5,000).

[patrickq1]

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