Elsinore v Capital One **WON**

[elsinore]

Data Protection Act letter sent today. Estimate £400+ of unlawful charges.
Capquest, demanding balance of £57 on pain of court action, bankruptcy, arrest, imprisonment, death and worse, told to take a running jump.

[dolly]

Originally Posted by elsinore

Capquest, demanding balance of £57 on pain of court action, bankruptcy, arrest, imprisonment, death and worse, told to take a running jump.

Did you get it hand delivered by a courier as well from Capquest, seems to be how they usually work?!

Great stuff

[elsinore]

Originally Posted by dolly

Did you get it hand delivered by a courier as well from Capquest, seems to be how they usually work?!

No, it came snailmail in the usual perfumed envelope!!

[elsinore]

Letter sent to Capquest on Monday

Capquest Debt Recovery Ltd

Fleet27
Rye Close
Fleet Hampshire
GU51 2QQ

Dear Sirs
Re: Capital One Bank Ltd


Your letter dated 30th June 2006, was received by me on Friday 7th July 2006. This means that it was impossible for me to comply with your request to contact you by 6th July 2006!

Please note that I do not acknowledge any debt to your company.

I now require you to supply me with the following:-

• A true copy of any alleged agreement between me and Capital One Bank Ltd. You are obliged to supply a copy of any such agreement under the legislation contained within s.78(1) Consumer Credit Act 1974 (s.77(1) for fixed sum credit).
• A detailed statement of account showing a complete list of transactions and charges relating to the alleged debt since inception of the alleged agreement. This includes the term prior to your acquisition of the alleged debt. You are obliged to supply this information under the same legislation noted above.
• A signed true copy of any deed of assignment relating to the above alleged agreement. You are notified that you are obliged to supply this document, whether you are the original creditor or not, under s.189 of the Consumer Credit Act.

The statutory fee for the provision of the above information is £1 for which I enclose a postal order.

As you will be aware, any credit agreement, which is not properly documented and signed by the customer, is totally unenforceable under the Consumer Credit Act and is therefore a complete defence to any court claim issued. Any legal action you may contemplate will be vigorously defended and contested.

You have until 28th July 2006 to comply with the above requirements, failing which you will be in default. Furthermore, if you have failed to respond fully after one month you will have committed an offence and will be reported to Trading Standards and The Financial Services Authority.

Finally, your letter dated 30th June 2006 was inaccurate, intimidatory, offensive and lacking in both grammar and syntax.

Yours faithfully

[reload]

Good stuff Els, stick it to em

[elsinore]

Polite reply received today from Capquest. Account on hold for 28 days while they obtain info requested. Asked me to forward any proof of payments or correspondence that would assist them with my query!! Cheek!!

Elsinore

[elsinore]

Data received from Capital One yesterday. Charges total £530. Calculating interest and will send PRP letter on Monday.

Elsinore

[elsinore]

Preliminary Approach for Repayment letter sent today £618.05.

Elsinore

[elsinore]

Acknowledgement received from Cap1:-

Dear Elsinore,

Thank you for writing to us about the fees we've added to your account.

It's going to take us a little while to look into your situation and come back with a detailed response. We'll do everything we can to get an answer to you within four weeks of this letter.

If for some reason our investigations take longer than four weeks we'll contact you again to tell you why this is.

Thank you very much for being patient while we collect the information we need.

Love
Robert Udy

[elsinore]

LBA sent today.

Elsinore

[reload]

lol - I'm guessing they're basing the 4 weeks on the established letter - two weeks - letter - two weeks proceedure we run here

[elsinore]

They just don't get it, reload, do they. They no longer set the agenda, but they still think they do. Or they do get it, but they don't know any other way to deal with it!
I actually feel a bit sorry for the foot soldiers, expected to carry out the orders of the bumbling generals.

Elsinore

[elsinore]

Offer received today for difference between £20 and £12, total amount offered £185.00 Also refusal to remove default.
Sending reply accepting offer as partial settlement only and confirming continued action.

Elsinore

[elsinore]

Sent today:

Capital One Bank (Europe) plc
P O Box 5283
Nottingham
NG2 3YG

12th September 2006

Dear Sir,

Your Ref XXXXX
Account No XXXXX

I have today received your letter dated 7th September 2006 proposing a refund of charges totalling £185.

Your offer is accepted only as partial settlement of my claimed amount of £615.05.

You should by now have received my Letter Before Action dated 11th September 2006. The requests contained in that letter hold good and I confirm that you have until 27th September 2006 to reconsider your decision.

Furthermore I do not accept your refusal to remove the default placed with the Credit Reference Agencies. Without the application of your unlawful charges the default would not have occurred. The claim which I shall enter into the County Court will, therefore, call for removal of that default.

Finally, the crediting of the above account with refunds over and above the sum of £58.93 is unacceptable. The sum of £559.12 should be remitted to me by cheque.

You are reminded that, once the claim reaches court, it will be attracting interest as well as costs, inevitably increasing the sum due to me and liable to yourselves.

Yours faithfully