Capital One CCA request

blueeyedboy1980 · 14th September 2007, 12:45

I sent a standard letter to capital One requesting a copy of my original credit agreement and all other info they hold about me. I enclosed a £1 postal order as suggested by people on this site. I have received a handwritten compliments slip and my postal order back saying they would supply a copy of the terms and conditions. My letter was extremely specific. do they not understand plain english or are they trying to fob me off? any advice?

ODC · 14th September 2007, 12:54

You have made a legal request. 12 working days after they received it they are in default. A calendar month later they commit a summary offence and you can report them to TS. Sit back and wait. Keep all documentation. At the end of the calendar month there is a delightfulBOG OFF letter you can send them.

dpick · 14th September 2007, 12:54

Quote:

Originally Posted by blueeyedboy1980

I sent a standard letter to capital One requesting a copy of my original credit agreement and all other info they hold about me. I enclosed a £1 postal order as suggested by people on this site. I have received a handwritten compliments slip and my postal order back saying they would supply a copy of the terms and conditions. My letter was extremely specific. do they not understand plain english or are they trying to fob me off? any advice?

This is a fob off letter as long as you sent a request for a true copy of your agreement under s77-s79 CCA 1974 they have not complied just wait the 12+2 working days then send none compliance your are in default letter and wait if no agreement after the 12+2 working days and a further 30 days then you can take them to court for none compliance and have agreement declared as void/unenforceable (Not sure of the void bit am re unenforceable) judge would not be happy with them if they produce agreement at court.

Not so sure about all other info they hold you may need to send S.A.R - (Subject Access Request) with £10 fee for that.

all the best dpick

blueeyedboy1980 · 14th September 2007, 12:57

So what you are saying is there is no need to send letter to them and the £1 postal order back stating that they are not offering what i am legally entitled to? just let them get on with acting dumb and hit them with the legal letters once the time limit is up?

ODC · 14th September 2007, 12:59

Quote:

Originally Posted by blueeyedboy1980

So what you are saying is there is no need to send letter to them and the £1 postal order back stating that they are not offering what i am legally entitled to? just let them get on with acting dumb and hit them with the legal letters once the time limit is up?

NO. You have made the LEGAL REQUEST. Its up to them to fulfill it

blueeyedboy1980 · 14th September 2007, 13:12

thank you for your advice. the 12 + 2 days is up on 20th what should i do once this date has passed? I have sent this request to 7 companies and so far only one has sent a letter stating they will send the information i requested and actually said that it was a true copy of original credit agreement i was requesting. I dont know whether to be pleased they are not doing as i ask or frustrated by it.

ODC · 14th September 2007, 13:19

Quote:

Originally Posted by blueeyedboy1980

thank you for your advice. the 12 + 2 days is up on 20th what should i do once this date has passed? I have sent this request to 7 companies and so far only one has sent a letter stating they will send the information i requested and actually said that it was a true copy of original credit agreement i was requesting. I dont know whether to be pleased they are not doing as i ask or frustrated by it.

Wait until 20th of October and they will have committed a summary offence. Think of the pleasure you will obtain informing them of this fact. At this stage you can then report them to TS and write to Crap One asking for a copy of their complaints procedure which they are legally obliged to have.

blueeyedboy1980 · 14th September 2007, 23:19

after all this work with trying to obtain the paperwork i have asked for i am thinking about why i am doing all this and what i hope to achieve. the main hope is that i can get my debts written off and all removed from my credit file. obviously this is a HUGE hope. I obviously took out the debts in the first place and from reading everyone elses threads i am seeing that the whole point to asking for the CCA compliance is to dispute I ever took the debt on. am i getting this wrong? A lot of my debts are with the original company or a DCA who is part of the original company. I'm really wondering if I am going to get anywhere at all with this.

I realise I have to wait for a while yet before i can really do anything more but I am really questioning myself over where all this hard work will get me.

Goldlady · 15th September 2007, 00:13

You may have taken the debts on but if you are anything like me you have probably repaid what you actually borrowed and more, and what is now outstanding is interest and charges. I have only CCA'd the creditors who have tried to destroy my life - the ones who have been helpful and accepted reduced payments etc I am still paying.

But if they haven't got their paperwork in order and they have (in my case) increased your credit limit when you clearly could not afford to take on any more debt then they are guilty of irresponsible lending and can pay the price.

It is worth it, believe me. I was a bit scared at first, and questioned my actions as I sort of believed I owed them the money - but then when I put the info on a spreadsheet and realised I had paid them back what I had actually borrowed I decided it was worth doing.

I have sent 8 CCA letters and so far only one has managed to find an agreement.

Good luck

blueeyedboy1980 · 15th September 2007, 00:27

thank you for your reply goldlady. To be honest I defaulted on my debts when i realised i couldn't afford to pay them and have been in a debt management program with pay plan for almost 2 years. all have accepted lower payments but it will take (with the fact i am on income support) in excess of 80 years to clear them at current payment level. I have been unable to get a job that pays well enough for me to justify working over benefits due to them requiring a credit check to be passed prior to accepting me for employment.

my debts stand at almost the same level they were at when I defaulted on them. they have frozen all interest and charges as of the time of default. my largest debt being a halifax credit card increased my spending limit each time i hit the limit. from £4000 it rose to £6500 then £8000 then £9000 and was at £11000 when i defaulted on it. how they expected me to make payments of £400 a month with a mortgage of £700 and an income of only £1000 pcm is beyond me. and that wasn't my only debt at the time.
I can only put my taking out of these debts down to stupidity. situation is now that i have zero ability to repay and its seriously affecting my ability to restart my life.

dpick · 15th September 2007, 07:05

Hi you may find like me that you have a debt that has a totally unenforceable agreement. At this point you can just leave it as I have with an OC who would not help in any way when I tried to explain my debt problems or as I did with another one who did help stopped interest and charges etc and most important stopped chasing me every week. I negotiated a full and final settlement with them that paid for all monies/goods I had received.

all the best dpick

delta6370 · 15th September 2007, 08:16

I sent a CCA request to Cap One in July, by 17th July it hadn't turned up. By 17th August it still hadn't turned up, though I have received some statements (with charges and interest added), a load of phonecalls and a couple of letters, the most recent threatening to blacken my credit file.

Still haven't received the agreement from them, some dozy bint at Cap One told me that they do not have to provide anything until I had cleared the arrears on the account (all £6 or so that it was at the time).

Got another phonecall last night, told them in no uncertain terms, that I would not be paying anything on the alledged debt.

Just kept getting the guff about her being in collections, so she didn't know anything about this, and that it was down to the legal department. I did mention that if that was the case then the legal department were not doing their job properly, if they had been we would not have been having that conversation.

blueeyedboy1980 · 15th September 2007, 10:53

Quote:

Originally Posted by dpick

Hi you may find like me that you have a debt that has a totally unenforceable agreement.

Hope so. Seems that they are not going to be forthcoming with my agreement. strangely enough the DCA's have been far quicker to reply than the OC's have. but so far not a single attempt at a true copy. just a letter saying that they have noted my request.

So I am right in thinking that I am trying to dispute the debt ever existed in the first place?

ODC · 15th September 2007, 10:55

Quote:

Originally Posted by blueeyedboy1980

Hope so. Seems that they are not going to be forthcoming with my agreement. strangely enough the DCA's have been far quicker to reply than the OC's have. but so far not a single attempt at a true copy. just a letter saying that they have noted my request.

So I am right in thinking that I am trying to dispute the debt ever existed in the first place?

You a questioning whether a CCA agreement exists for an alleged debt

blueeyedboy1980 · 15th September 2007, 10:57

Quote:

Originally Posted by ODC

You a questioning whether a CCA agreement exists for an alleged debt

And if they cant find it then its their problem and they should have done their paperwork correctly to start with.

blueeyedboy1980 · 15th September 2007, 11:14

Just had my post for today. 9 days from sending off requests. still no true copies. or even attempts at it.

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