Night Owl's O/H v Capital 1

[Night Owl]

Hello all over here.

Captial One has not produced a CCA on request (12+2+30 days have passed) and they are still saying they can't help because my O/H did not sign the CCA request letter.
I have sent the letter saying that they are happy to send letters with all my O/H's account details to our address so why do they need a signature.
They are up on time so I will be reporting them to TS and OFT.

Question - can they withhold the CCA on the grounds that my O/H has not signed the request letter?

Should I send Curlybens "account in serious dispute" letter and give them 7 days to respond or shall I just report them to Trading Standards and The Office of Fair Trading?

Update today.

The post has brought
Letter 1.
From Capital 1 - Statement of Default.
Letter 2.
From Debitas - instruction to collect the outstanding balance.

Advise please
Night Owl & O/H! (Eagle Owl!)

[havinastella]

Hi Night Owl

I'd enter Cap One into the search bar and have a read of some of the threads.

You'll have to draft a letter together telling Crap One that they cannot default you as your account is in dispute, but they won't listen.

There is also an account in dispute letter to send to Debitas that you may stumble on, I'll have a look for it.

Jogs

[havinastella]

Thanks to Tiglet for this

ACCOUNT IN DISPUTE
Dear Sir or Madam,
Account number: XXXX XXXX XXXX XXXX


I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original creditor/DCA** and has been since DATE 2007.
Not only is this a breach of OFT collection guidelines, but also in breach of the CCA 74.

As **original creditor/DCA** are now in default of my Consumer Credit Act request, Subject Access request and have also breached s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

Now I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.

If **New DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

I hope that this will not be necessary and an acceptable solution can be accomplished.

I would appreciate your due diligence in this matter.
I look forward to hearing from you in writing.

Yours faithfully
BLAH

[Night Owl]

Many thanks havinastella.
Letters will be going in the post for Monday.

Night Owl

[Night Owl]

Still no CCA. Reminders sent. Out of time.
Debitas still writing and phoning. Letter sent.
Formal complaints going to FOS, TS and OFT on Monday.

Night Owl + O/H!

[Night Owl]

Update.

This morning received a letter from Capital One with a CCA and a letter offering a goodwill offer of £228 which is the difference from £20 for default charges to £12 plus £20 for interest incurred!
They have included a letter "Complaint Settlement Form" to be signed to confirm acceptance of the offer and closure of the complaint.
Why do they all think that a CCA request is a complaint? It is a legal process to gather document evidence surely?
They are going to refund this goodwill gesture to the account.

This is my O/Hs account so I have been very carefull to give him all the info before doing this and he thinks it's great to get some money back even if it does go back into the account.
I haven't asked for a S.A.R. so don't know if this is a good level of charges being returned.

I think he will decide to accept the goodwill offer.

Night Owl and O/H

[havinastella]

NIGHT OWL,

This is a standard response from CAPONE, I would be inclined to send them this, BUT it is your choice. If you send this letter (you can amend it to say that you accept their offer as part payment but will pursue them via the courts for the rest) Remember, CAPONE always ALMOST pay up after issue of court papers.

One question, have you sent them a request for charges letter or have they just automatically assumed that you have?

Jogs

[Night Owl]

Hi Jogs

I think it may be worth sending a S.A.R, they have just assumed that we will go away quietly! how wrong can they be!!!! but it is not my account it's my O/H's. I will think on this one and see what my O/H thinks next week when I finish nights.

Night Owl

[havinastella]

NO,

I would send the Subject Access Request, you can claim the £10 back in your court claim

Jogs

[Night Owl]

Well thats it.
O/H has decided to play safe with no hassle and has accepted the goodwill offer. The money is going to the account to reduce the balance.
I have spoken to Trading Standards to tell them.
FOS sent a letter to say they had been in contact with Capital One and that they should be responding soon, well they have now.
Thats it end of this story.

Thanks for your help and advice Jogs.

Now, where is the next one!!!!!!
Night Owl