credit agreement request, capital one

timtimbo · 12th March 2007, 21:10

I made a request to capital one for a copy of my credit agreement, default notice and deed of assignment on Friday 9th February 2007.I sent it via recorded delivery,and via fax and I have proof of delivery for both.Now I'd like some advise, I used this site for the template letter I sent and to create chase up letters, I'm not trying to get out of paying them, what I want to do is remove the default they've registered against me. now the 28 days has passed if I follow things correctly, I understand they've now commited a criminal offence, what do I do now, report them to who? I've treatened them with the normal bodies, but what do I write to these bodies to get the default removed.Just so you understand I've got one installment of £270 left to clear this, which I'm paying at the end of the month.The only reason I contacted them after they couldn't find me for so long was to pay this off, as I retrained as a mortgage adviser last year and as is the norm the company which employed me wont let me advise with outstanding debts.But if I've spent the last six months struggling to clear these things, I'd like a clean bill of heath on my credit files.I did try to get them to remove the default as part of the aggrement of settling the debt but they would only agree to that if I paid it off in one lump sum, which I couldn't do.I have recieved letters from both Capital one and Lowell financial asking for more time to source the imformation which I requested, and I replied to them refusing to extend the deadline.I basicly stopped paying my credit card bill back in August 2005 and they haven't been able to trace me since and the bill has gone up from £360 odd to £807 odd, I have been reading this site with great interest and I am taking action against capital one and my bank for charges and so on.But wont to get this default removed and what some help in taking action against Capital One and Lowell Financal for failing to comply with CCA 1974.One final question, if they can't provide proof of the credit agreement as requested can I take action against Lowell for recoving money of me which they can't prove I owe?TimtimboThis site is truely great and I've found it extremly helpful.

timtimbo · 13th March 2007, 23:57

Well today is the deadline, and i've revived a copy of the credit agreement, but nothing to do with the default notice as I request or the deed of transfer.are they Still commiting and offence under the consumer credit act or not, what's my nexted move can't find anything that'll help with this one on here please help

martin2006 · 14th March 2007, 00:20

For the default notice, they only have to prove that they sent it, not necessarily the same as you having received it. The hike in the balance is almost certainly all charges. Have you sent an Subject Access Request? You will certainly be able to reclaim these.
With regard to the balance of £360, could you pay that off in one go as they have asked?
When did they register the default? How much is the default for?

If they have registered the default for more than £360 then you can argue that it is unjustified via rthe Information Commissioners Office. Takes time but wrth it if you have a case. If the default was registered betweene 3 to 6 months after your last payment to Cap 1 then they have entered it within the prescribed timescales. If not the Information Commissioners Office can make them backdate it

Hope this helps.

timtimbo · 14th March 2007, 01:09

They've failed to provide anything with regards to the default notice but the credit agreement arrived today, I'm more than paid the legal debt all I'm paying off now is the illegal bank charges, as they've failed to provide me with all the imformation I requested is it possible for me to dispute the ammoint owed as it relates to illegal bank charges? Bearing in mind it needs to been shown as settled quickly

pmhcfc · 14th March 2007, 01:22

Quote:

Originally Posted by timtimbo

They've failed to provide anything with regards to the default notice but the credit agreement arrived today, I'm more than paid the legal debt all I'm paying off now is the illegal bank charges, as they've failed to provide me with all the imformation I requested is it possible for me to dispute the ammoint owed as it relates to illegal bank charges? Bearing in mind it needs to been shown as settled quickly

They are in default of the requested Subject Access Request details..I very much suspect that you haven't been sent the original copy of the OA either...Are you sure it's all present and correct?

timtimbo · 14th March 2007, 01:35

Yeah I agree it probally is not correct but I work away from home so waiting for my GF to forward,and not completely sure what I'm looking for.

I requested the information under the CCA 1974 not Data Protection Act, so are they still in default for only provide the credit agreement and not providing everything I requested or have they fulfilled what's required of them? All very confusing

pmhcfc · 14th March 2007, 01:50

Quote:

Originally Posted by timtimbo

Yeah I agree it probally is not correct but I work away from home so waiting for my GF to forward,and not completely sure what I'm looking for.

I requested the information under the CCA 1974 not Data Protection Act, so are they still in default for only provide the credit agreement and not providing everything I requested or have they fulfilled what's required of them? All very confusing

Not as confusing as you may think..have a read around a few DCA posts...Let us know what you've received once you get is.... Here's a good link for checking what Cap1 send out as a 'credit agreement' (post number 32) http://www.consumeractiongroup.co.uk...al-capone.html

timtimbo · 14th March 2007, 05:16

So they are legally required to supply the deed, but what about the default notice, couldn't find anything and what must a credit agreement have on it, think I begining to confuse meself, I think using a mobile phone for this forum isn,t helping,

Thanks for your help by the way

diskmandave · 14th March 2007, 07:27

Quote:

Originally Posted by pmhcfc

Not as confusing as you may think..have a read around a few DCA posts...Let us know what you've received once you get is.... Here's a good link for checking what Cap1 send out as a 'credit agreement' (post number 32) http://www.consumeractiongroup.co.uk...al-capone.html

Diskmandave-vs-Lowell Finacial (CapOne)***WON***

Being used as an good example for a change

Just subscribing - will have a proper read after work.

Dave.

zubo · 14th March 2007, 08:27

Quote:

Originally Posted by diskmandave

Diskmandave-vs-Lowell Finacial (CapOne)***WON***

Being used as an good example for a change

Just subscribing - will have a proper read after work.

Dave.

Tim
I have just finished posting on diskmandave thread so do read there regarding what should an agreement look like or rather NOT look like.

Lets get back to your thread.

There is a misconception here that the CCP will provide everything you need. You need to be very specific.

Lets get back to basics: what do you want? Correct me if I amwrong:

You want to clear this default: there are many threads re clearing defaults - you could take the easy way - pay and in 6 years you will not be showing any defaults

or use the CCAct request for fully executed agreement and then when it is not supplied, default the CCP and write to the CRAs who process their data stating your rights under the DPAct and that the CCP could not provide you with the agreement, hence you have NEVER given consent - a major reqmt under Data Protection Act and you wish removal of ALL references to that alleged agreement or you will take THEM to court and claim compensation for distress and sullying your reputation: see Surlybonds posts - great detailed template to base your letter on - genius poster even if he upsets some folk....

Next - get your money back:
You must use the Subject Access Request process which will identify every transaction and then pick out of those all the penalties: follow the well tried procedures as in Bank penalty charges and you will recover your money.

I ALWAYS use the two trick pony - I submit a request for my agreement as per CCA and at the same time I send a Subject Access Request. I send both with a covering letter explaining that they are obliged to supply this information and they have specified timelines otherwise there will be adverse consequences.

ok?

Z

timtimbo · 14th March 2007, 12:33

I requested a copy of the credit agreement, a copy of the default notice and the deed of assignment as capital one sold the debt to lowell, I rewested all of this under the consumer credit act, they've only provided a copy of the credit agreement, nothing else, are they in default for not provided the deed and default notice or not?

rosierose · 14th March 2007, 13:55

In a word, no. They have no obligation to send the other documents as part of a request made under s77-79. I would read the OFT doc on non-cancellable agreements to make sure that your one has all the terms prescribed by the Act. Post a copy if you need some help with it.

Rosie

timtimbo · 14th March 2007, 14:26

Thank you Rossie, you a star, will star, will

timtimbo · 14th March 2007, 15:01

Thank you Rossie, your a star, will issue a Subject Access Request request to both parties concerned today, and concider that the debt outstanding now is for unfair and illegal charges out the account into disprute.

Thank you

timtimbo · 16th March 2007, 18:01

Right well i've got the supposed credit agreement in front of me, its only half an A4 sheet, does that sound like a legal credit agreement to any one, only mention of my rights is a small books with a very sort sentance about my right to cancel?

Any help here

pmhcfc · 16th March 2007, 18:41

Quote:

Originally Posted by timtimbo

Right well i've got the supposed credit agreement in front of me, its only half an A4 sheet, does that sound like a legal credit agreement to any one, only mention of my rights is a small books with a very sort sentance about my right to cancel?

Any help here

sounds like a copy of your application to me

zubo · 16th March 2007, 21:22

Quote:

Originally Posted by pmhcfc

sounds like a copy of your application to me

Timtim

I'm not sure if you followed my earlier pointer for help:

Diskmandave-vs-Lowell Finacial (CapOne)***WON***

post #42

It is impossible to state whether you have a fully executed agreement or not with the brief description you give. Can you not scan it and post it so we can give you better feedback.

Also you seem to have completely changed what you want from this CCP - your initial post seemed to suggest that you wanted to pay the balance and get the default removed - yet the default now seems a non-issue and you do not wish to pay.

Is that true?

I have difficulty trying to give good advice when your needs change.
Let us know,

Z

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