Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
Hi guys, have had a Capital One card for a number of years and have never had any issues until the later part of last year.
Notified them of loss of employment/illness in September and heard nothing further until December.
In December was told that I need to talk to their separate insurers - after being told repeatedly that they would arrange to send the document out to me.
Since then have had the illness dissallowed as they claim it was previous, they will not recognise the unemployment on the claim.
They have since defaulted me, passed the account to Debitas, and now Fredricksons.
I have repeatedly informed them that the account is both in dispute and under an insurance claim and they continue to default and chase payment.
Fredricksons have had the "Account in Dispute" letter from me and been told to only communicate by letter.
I am sorry if you have already had a reply and I am wasting your time.
I too have Crap one problems after paying PPI for years.
It would help if you told us when the CC was taken out
Have you CCA'd?
CCA'd AGAIN this week so the clock is ticking on that one.
The card was taken out 01/04/04 along with the PPI.
Fredrickson are on the phone again - although I don't think they'll call back after letting them know that I know they have received 2 dispute letters (signed for) and that they are in breach of the regs - thanks to all on here for that info.
Capital One are total idiots.
Received a letter from the invisible "Ellie Renshaw" today in response to my "Account in dispute" letter.
She politely states that although I have a dispute with them I must still contact Fred to make an arrangement.
That she won't remove the default notice put on in Jan comprising purely of charges as she is obliged to report how I conduct my account to the CRA's.
If I have any further questions to please write back.
"$^!^(*&*%£^"$!%&^*(* )_ idiots.
Does this woman even exist?
I am gonna get the biggest boot ever and aim right between their legs.
I've really had enough.
Sopke to Fred today and the girl there says that Crap1 have told them that I HAVEN'T complained about my charges, that I HAVEN'T told them I dispute the account and for them to chase collection in full.Although she did say they would reduce it from £289 to £240 if I paid it today.
Funny that as the account was only at £198 before I had the accident and the rest is charges.
Add to that the mis-sold PPI, plus interest that will actually amount to about 3 times the outstanding balance
I swear I might just visit Nottingham and ask to see Ellie in person and see what they have to say then.
1 Calm down - They are not worthy
2 Do not speak to them (unless you do in a foreign language like Serbo Croat, Hungarian or profanity!
3 She does exist - at least on Face book
4 I am so jealous - she has written almost exactly the same letter to me (and I bet MY CCA is the same as yours) but then says she will not discuss it any further. The she keeps getting her drones to call me.
5 If you decide to visit Nottingham let me know as I live within walking distance of the offices (kettle is on!)
Haven't got a CCA yet from them and somehow I don't expect to get it.
Not speaking to Crap1 as I refuse to practice my Hindi
At least Fred are in the uk.
They will get a nice reply to this letter tomorrow politely pointing out their mistake and asking them to look again at exactly when I first complained to them.
Exactly when I disputed the account.
Exactly when they put the default notice on after the dispute and that it is because of unlawful charges so they can't refuse to remove it although I know they will again.
So WW3 starts here
This account has been and still is under an insurance claim via Axa Insurance (Ref ). I first notified you of the need to raise a claim in September 2008. Due to the gross inadequacies of your call centre personnel, it took until January of this year for the correct information necessary for me to contact Axa Insurance to be provided to me. I have never at any time been provided with either contact information or a certificate of insurance for the Payment Protection Insurance.
During this time you continued to apply charges, payment protection insurance and interest to my account seriously increasing the over limit balance
On the 15th January, 2009 I wrote to you stating my preliminary objective to reclaim unfair charges and payment protection costs. I stated that I would allow 14 days for your reply to this letter and yet never received any reply.
During this time, you have passed my information onto both Debitas and Fredricksons International. This is contrary to the regulations in place.
You issued a default on my credit file on the January, 2009 after receipt of my letter dated January, 2009 in direct breach of the OFT’s guidelines.
On 10 February, 2009 I wrote to you requesting that you supply me a true copy of the executed credit agreement for this account. I enclosed the statutory £1.00 fee for this. For your records I have attached a copy of this letter.
On the 12th February, 2009 a member of staff signed for delivery of my written request and I have an electronic proof of delivery showing their signature and date.
In response to this request I was not supplied with any document or reply. This does not comply with the requirements of the Consumer Credit Act 1974.
On the 7th April I wrote to you again requesting a copy of the executed credit agreement for this account. I again enclosed the statutory £1.00 fee. I have also attached a copy of this letter for your records.
On the 8th April, 2009 a member of staff signed for delivery of my written request and I have an electronic proof of delivery showing their signature and date.
On the 7th April, 2009 I also wrote to you with a reminder of the dispute. I have attached a copy of this letter for your records.
On the 8th April, 2009 a member of staff signed for delivery of my written request and I have an electronic proof of delivery showing their signature and date.
I received a reply to this dated 21st April, 2009 stating that whilst the account may be in dispute I must still make arrangements to pay Fredricksons. This is a violation of section 2.6 of the OFT’s regulations.
You also stated that you would not remove the default notice placed on my file on the 20th January, 2009 again in violation of the current regulations. This default notice is comprised of unlawful charges and interest charged to my account by yourselves.
As of today you have failed to send me any document containing any of the prescribed terms as required by section 60(1) Consumer Credit Act 1974. The Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) made under the authority of the “1974 Act” sets out what the prescribed terms are, I refer you to Schedule 6 Column 2 of SI 1983/1553 for the definition of what is required. I am unable to confirm if any of the terms are present as you have failed to send the requested documents.
Since you have failed to supply the requested document containing the required prescribed terms you entered into a default state and have rendered any such agreement unenforceable by s127 (3) consumer Credit Act 1974, which states
(3) “The court shall not make an enforcement order under section 65(1) if section 61(1)(a)(signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).”
This situation is backed by case law from the Lords of Appeal in Ordinary (House of Lords) the highest court in the land. Your attention is drawn to the authority of the House of Lords in Wilson-v- FCT [2003] All ER (D) 187 (Jul) which confirms that where a document does not contain the required terms under the Consumer Credit Act 1974 the agreement cannot be enforced.
In addition should you continue to pursue me for this debt you will be in breach of the OFT guidelines, I draw your attention to the Office of Fair Trading’s guidance on debt collection which was issued July 2003 (updated December 2006) relating to debt collections and what the OFT considers unfair. I have enclosed an excerpt from page 5 of the guidance which states
2.6 Examples of unfair practices are as follows:
h. Ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment
You had until 23rd March, 2009, to provide me with the true copy I requested on the 10th February, 2009. After that date you entered into default of my request. Whilst the account is in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agencies (or any third party).
To register information with a credit reference agency, you must have written consent from the data subject to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.
The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. Any such attempts to share my data without my consent will be met with a complaint to The Information Commissioners Office.
As you are aware if a further 30 calendar days pass in which you continue to be in default of my request you pass in a criminal default situation. This date was the 22nd April, 2009.
Since your failure to comply with my legal request has caused you to enter into default, the agreement is unenforceable. I suggest it would be in everyone’s interest to consider the matter closed and for you to write the debt off. I suggest you give serious consideration to this as any attempt of litigation will be vigorously defended and I will counter claim for all quantifiable damages.
I would be grateful of your response within 14 days.
Your letter looks great and, with your permission, I may borrow parts of it in the future.
I wonder whether CAG should set up a central mailing system where we could return mindless garbage, form letters and the contents of your neighbours (desk) waste bin not that I am advocating we should use Crap one as a recycling centre.
I must now say that I think that your time has been wasted as surely Crap one must know the law. Ms R styles herself as Executive Office Manager - in a normal business such a rank would have a high status reflected by the equivalent income, however, I suspect that with cap one being US based, the titles are meaningless and that the drones are happy to accept a lower income to be 'management' or even 'executive'.
One can imagine the remuneration committee sitting and saying, "Right designate all the staff that have been here more than 3 weeks and can spell their names as managers, that will save us at least a grand a year each".
One concern that I have is how much time the DCAs spend on CAG - I have several ideas for letters, calls etc but I do not want to be recognised and maybe forewarn a company that, say, they have a dodgy DN.
In view of that I am currently writing to various people and will keep a record so that I can put them all in a thread when I have either succeeded or failed in my objective.
Another letter today from Ellie - apparently I sent her a section 77 letter for a section 78 credit card agreement?
She has returned my £1.00 postal order under separate cover which apprently will be with me in 14 days.
Funny though as my copy clearly says section 78 on it
Delay tactics?
Me thinks a CPR request to Crap1 is in order instead.
Mind you I will reply to Ellie with the "correct" letter.
See how she gets round that.
Well the £1 cheque showed up from Crap1 today - guess what?
It has Barclays Bank on it
So Crap1 has Barclays as its banker? Now that strikes me as strange.
Well the complaint letter has gone off as well as a reply to Ellies letter about sec 77(1) - let her get round that one.
Sent CPR to them as well - if they want to dodge the sec 77/78 they won't dodge the CPR so sod em.
Had a reply to the second complaint letter at the weekend.
2 sheets of A4 and a copy of the T&C's with "This is a copy of your agreement for you to keep" on the front.
Funny that............
What a load of S**t.
So they've had the CCA request, 2 CCA request complaints and no they send this?
They've also had a CPR request which they've ignored.
Any suggestions?
Me v Cap One/Fredrickson
card for a number of years and have never had any issues until the later part of last year.
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