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Hi all
thought it was about time I made a thread of my own on Capital One,
story so far:
sent cca request 12th jan sent account in dispute letter2nd feb standard t&c cancelation notice received twice(as usual same as others-all we have to send-omited signature etc..) account in debitas hands(usual upteen phone calls)threat of court .bla,bla SAR sent off 17th feb-cap one( still waiting) account in capquest hands(threaning court action -no deed of assignment) sent cpr 8th march to capquest regarding you and your client and complaining about not receiving a notice of assignment. capquest are putting the acc on hold for 28 days. march 20th received a application form-capquest???
This is what i have received can anyone with better knowledge just check im on the correct route and that this is a application form
My initial response would be to send the letter below although i have borrowed the red part from another thread,should i include ?? and can anyone help me to include a paste for the notice of assignment..
advice pleeeeese [FONT='Verdana','sans-serif'][/FONT] [FONT='Verdana','sans-serif']Capquest Debt Recovery[/FONT] [FONT='Verdana','sans-serif']Fleet 27[/FONT] [FONT='Verdana','sans-serif']Rye Close[/FONT] [FONT='Verdana','sans-serif']Hampshire[/FONT] [FONT='Verdana','sans-serif']GU51 2QQ[/FONT][FONT='Verdana','sans-serif']
[/FONT][FONT='Verdana','sans-serif'][/FONT] [FONT='Verdana','sans-serif']Your Ref; xxxxxx[/FONT] [FONT='Verdana','sans-serif']MY REF; ACCOUNT IN DISPUTE xxxxxxxxx[/FONT][FONT='Arial','sans-serif'] [/FONT] [FONT='Arial','sans-serif']xxx March
[/FONT][FONT='Verdana','sans-serif']Thank you for your response to my request under the Consumer Credit Act section 78.[/FONT][FONT='Arial','sans-serif']
[/FONT][FONT='Verdana','sans-serif']I am pleased to see that you confirm this as a true copy of the original agreement executed by yourselves on the 19.02.04.[/FONT][FONT='Arial','sans-serif']
[/FONT][FONT='Verdana','sans-serif']As you must realise this agreement does not conform to sections 60(1) and 61(1) of the Consumer Credit Act 1974 and would therefore only be enforceable by a court under s65. However, the absence of any prescribed terms means that a court would be prevented from enforcing it under s127(3).[/FONT][FONT='Arial','sans-serif']
[/FONT][FONT='Verdana','sans-serif'][/FONT] [FONT='Verdana','sans-serif']" The court's powers under section 127(1) are subject to significant qualification in two types of cases. The first type is where section 61(1)(a), regarding signing of agreements, is not complied with. In such cases the court 'shall not make' an enforcement order unless a document, whether or not in the prescribed form, containing all the prescribed terms, was signed by the debtor: section 127(3). Thus, signature of a document containing all the prescribed terms is an essential prerequisite to the court's power to make an enforcement order."
[/FONT][FONT='Arial','sans-serif']
[/FONT][FONT='Verdana','sans-serif']Unless you can produce a copy of an executable agreement within 21 days I will consider that the above account is now closed and that you will not pursue the alleged debt. [/FONT][FONT='Arial','sans-serif']
[/FONT][FONT='Verdana','sans-serif']Should you fail to respond within 21 days, I will expect that this means you agree to remove all such data.[/FONT][FONT='Arial','sans-serif']
Hi gary, sorry I can't help with your situation, however I've cleaned up you're letter ( removed all the formatting ).. hopefully someone can help you here. :
Capquest Debt Recovery
Fleet 27
Rye Close
Hampshire
GU51 2QQ
Your Ref; xxxxxx
MY REF; ACCOUNT IN DISPUTE xxxxxxxxx
xxx March
Dear sir/madam
Thank you for your response to my request under the Consumer Credit Act section 78.
I am pleased to see that you confirm this as a true copy of the original agreement executed by yourselves on the 19.02.04.
As you must realise this agreement does not conform to sections 60(1) and 61(1) of the Consumer Credit Act 1974 and would therefore only be enforceable by a court under s65. However, the absence of any prescribed terms means that a court would be prevented from enforcing it under s127(3).
" The court's powers under section 127(1) are subject to significant qualification in two types of cases. The first type is where section 61(1)(a), regarding signing of agreements, is not complied with. In such cases the court 'shall not make' an enforcement order unless a document, whether or not in the prescribed form, containing all the prescribed terms, was signed by the debtor: section 127(3). Thus, signature of a document containing all the prescribed terms is an essential prerequisite to the court's power to make an enforcement order."
Unless you can produce a copy of an executable agreement within 21 days I will consider that the above account is now closed and that you will not pursue the alleged debt.
Should you fail to respond within 21 days, I will expect that this means you agree to remove all such data.
Hi Gary, did they not send anything that they claim was the back of that application? If not then you are correct the application contains none of the prescribed terms.
IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.
thanks for that cardfight,
dont know what went wrong there,but much appretiated,
anyones thoughts on me on including the " paragraph-courts powers" if it might make a diffrence
bearing in mind capquest havent sent me right of assignment and the copy application form is single sided,
but as i received it from them this will give them the green light-to annoy me again because they think they have come up with the goods.
hopefully they will go back to cap one with this-or should i send a copy to cap one aswell - I think ive just answered my own question..
thanks for the conformation pmw
i will send the letter off in the morning,im leaving a long paper trail with all my cards and im still yet to start my other threads,
i have folders for each account allover the table and in between working i find myself struggling to catch up on each account-wow is that normal...
i keep getting mental block
Thank you for your response to my request under the Consumer Credit Act section 78 I am pleased to see that you confirm this as a true copy of the original agreement executed by yourselves on the 19.02.04.
As you must realise this agreement does not conform to sections 60(1) and 61(1) of the Consumer Credit Act 1974 and would therefore only be enforceable by a court under s65. However, the absence of any prescribed terms means that a court would be prevented from enforcing it under s127(3)
"The court's powers under section 127(1) are subject to significant qualification in two types of cases. The first type is where section 61(1)(a), regarding signing of agreements, is not complied with. In such cases the court 'shall not make' an enforcement order unless a document, whether or not in the prescribed form, containing all the prescribed terms, was signed by the debtor: section 127(3). Thus, signature of a document containing all the prescribed terms is an essential prerequisite to the court's power to make an enforcement order."
Under the circumstances,I suggest that you now liase with your client before contacting me again. Netherless,any further attempts to persue payment on a disputed account will be forwarded to the relevant authorities without further notice.
Unless you can produce a copy of an executable agreement within 21 days I will consider that the above account is now closed and that you will not pursue the alleged debt.
Should you fail to respond within 21 days, I will expect that this means you agree to remove all such data.
IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.
yes
I think your right pmw,
I must admit when I first got the second letter dated before the first one???
my immediate thoughts were god they wrote it off when the balance was nil...and then I remembered that it was to capquest,
no doubt it will get passed back to Capital One ..then power to contact..then debitas..then.........
I will sink back for the moment at least to admire my victory -no matter how short it could be
IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.
When the Liberals and Conservatives were in opposition, they both agreed that banks should pay back high bank charges to customers. Nothing seems to have happened since they came into power as a coalition. PPI Insurance has been sorted. Now they should turn their attention to bank charges and help customers get exorbitant charges refunded.
Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.
PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE
nice work mate! Just wait for the next lot to come, and deal with them in the same way. There's always someone on here that's able to give you the benefit of their experience in dealing with the likes of Cap1. The funny thing is that I honestly think they think we all believe that each letter/threat they churn out is legal, true and enforceable....suckers
Had same letter from Capquest as #8 cap one sent nothing remotely resembling a CCA,(this on a 2000 issue) and in between this CarpQ snr demand letter, then HL Legal appeared
Now these two have sunk into the slime and Cap1 are still in mega default
As said, wait for the next one to appear !
I'd sit and wait for Cap1 to contact you, then go after them for the SAR. I sent them one that had their heads spinning and since they couldn't send all the info' I requested, they have backed off totally.
Funny how they never sent or mentioned this in any of our letters,
now I dont honestly remember ever signing this and I would like someone with more experience's thoughts on this please.
Ive circled the code on the bottom of the letter,
CS009 does this mean date or am I getting paranoid again
gaz
gary68 v Cap One - PPI
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Originally Posted by GARY68
