Havinastella v Capital One

[havinastella]

May as well take on these as well as Lloyds TSB

 

SAR sent 30/11/06

[havinastella]

So, Capital One have replied first!

 

£528 in charges.

[havinastella]

Just to check.

I'm now sending "Request for payment letter"

and "Schedule of charges"

 

Just the total charges of £528 BUT no interest as yet????

 

Is this correct?

 

Many thanks

 

Alan

[ukaviator]

Alan is this the credit card account?. You could claim back contractual compounded interest on each charge.

 

Uk

[havinastella]

Alan is this the credit card account?. You could claim back contractual compounded interest on each charge.

 

Uk

 

 

Lovely, I'll use the other Spreadsheet then

 

Yes, it was a Credit card, Many Thanks UK

[havinastella]

OK, Request for payment charges sent today.

 

£528 + £54.32 contractual compounded interest.

 

14 days and counting.

[havinastella]

BUMP*

 

Been out of action for over a year but feeling well enough to carry on where I left off!

 

My partner received an offer in March last year but we did not accept it. Had some problems soon after and I'm just getting back to my feet. Debt was passed to Caboot who have been very patient after explaining the charges owed to us are worth more than they are claiming so they have no chance.

 

After reading through the threads I have decided to send Caboot the N9 (CCA) letter. Hopefully that will sort out the money owed as they shouldn't have this.

 

Any advise on where I start from in respect to the claim for charges against

CapOne?

 

Many thanks

 

Jogs

[steven4064]

Hi jogs

 

You have already sent them a preliminary letter so just send a LBA. They won't notice that a year has passed since they last heard from you

[havinastella]

Many thanks Steven.

 

CCA sent to Cabot today 05/03/08)8)8 Recorded Delivery, 12 + 2 should be about 20/03/08. Checking file to see if LBA was sent before.

 

Jogs

[havinastella]

Right, little update, just checked my paperwork, CapOne replied on 11 Jan 07 with the usual £20 to £12 letter, offered £180, little advise on what letter to send

 

Jogs

 

*on a side note, could someone explain if I have this right. I can claim ALL unfair charges to this account AND I can refuse to pay any money owed on this account if they cannot come up with a CCA*

[steven4064]

Send a letter saying you accept their offer a partial settlement only and that you intend to keep on until you get the rest even if it means taking them to court.

 

On your side note - you can't do both, at least not at the same time. If you are going down the CCA route you can't reclaim charges until they come up with an agreement - then you can. It's obvious really - if there's no agreement you don't have to pay but, on the other hand, you can't reclaim charges on the grounds of (your) breach of agreement if there is no agreement

[havinastella]

Right, had a reply from Cabot dated 26/03/08, original lender is experiencing a delay in finding the information requested.

 

As a gesture of goodwill, account has been put on hold

 

Now both amounts (outstanding) and (charges) are about the same, so what is the best route to take? Reclaim charges or disassociate ourselves from the debt?

 

Thanks

 

Jogs

[havinastella]

*Update*

 

Low and behold, Crap-One had a copy of the signature, so, as they can prove the debt we now have to go down the reclaim route.

 

Cap-One sold this debt to Cabot on 7 Aug 2007 with an outstanding balance of £635.13. I have worked out that charges on the account amount to £648 before interest.

 

Do I need to put the account into Dispute and let Cabot know that I will not be paying them one penny as the charges out-weigh the debt owed.

 

Many Thanks

 

JOgs

[havinastella]

well the phone calls have begun from Cabot, have told them that we will be contacting them only via letter and have asked them to stop calling.

 

Do I need to send the account in dispute letter and start the court proceedings?

 

Many thanks in advance

 

Jogs

[havinastella]

[havinastella]

[havinastella]

BTW, this was what they sent for the C.C.A. Is it correct?

 

Jogs

[steven4064]

Hi HaS

 

Is the document in post #16 supposed to be the reverse of te one in post #15 do you think? If not, that is not an enforceable agreement.

[havinastella]

Hiya Stephen, thanks for replying.

 

Sorry about the quality of the pictures.

 

These are two separate A4 photocopies, 15 shows typed name and address and Signature + date.

 

16 Is some spill on Credit agreement act 1974!

 

Many thanks

 

Jogs

[banker_rhymes_with]

Hello All!

 

This Agreement seems to be one CrapOne send out to many in response to the s78 Request.

 

Some have Terms on the back of the Photocopy, some don't.

 

All seem to be a little scruffy, suggesting they don't have a crisp two-sided Copy of any of them.

 

This may not help, but if you check out some of the other CrapOne Threads, you'll see the same Agreement a few times...some two-sided Copies, many one-sided, and some two Sheets so not back to back as far as the Copy sent goes.

 

The Main Page of the Form is an Application Form in terms of the Wording on Page One. So these seem to be ones that might be Enforceable if two-Sided, provided of course key details like Signatures and Name/Address are present and the Prescribed Terms are on the back. There seems to be some doubt as to what, if anything, was on the rear Page.

 

From the quality of what has been seen so far, it doesn't look like CrapOne have the Originals.

 

havinastella...suggest you trawl through the CrapOne Threads, and look for any that have the same looking Agreement. Then ask if any have been Enforced. I had a quick Trawl, but didn't spot any where CrapOne have managed to Enforce this Agreement example. But don't get your hopes up, get checking, and ask people on other CrapOne Threads how they have got on.

 

Hope this helps.

 

Cheers,

BRW

[jb07]

Ive had the same thing, got my T & Cs yesterday on seperate page but where it says about default charges etc every one is £12.00, been charged more than that since 2002?

[banker_rhymes_with]

Hello jb07!

 

...but where it says about default charges etc every one is £12.00

 

That suggests the Terms are probably from at least 2006/2007, depending on when CrapOne elected to drop their Penalty Charges to £12.00.

 

Those Terms can be disregarded for the purposes of your s78 Request. They have not, in that case, sent you the Terms that were requested, namely the ones from when the alleged Agreement was first done.

 

Obviously, you could not sign up for Terms that were written in the future without having a Tardis!

 

Cheers,

BRW

[jb07]

lol, the tardis was having a service that day!

[banker_rhymes_with]

Hello jb07!

 

lol, the tardis was having a service that day!

 

When you get it back from the Service, may I borrow it please! I would like to go back in time, and give myself a good kick up the ass for going anywhere near these bankers and their nasty Credit Cards and Loans!

 

Indeed, I suspect most of CAG would like to borrow it too for administrating their own retrospective self-administered pro-active banking advice!

 

Cheers,

BRW

[havinastella]

Thanks All,

 

will trawl the boards when I get back from work.

 

Looking at both photocopies supplied, there is no reference to late payment charges/over limit fees etc.

 

I am a little confused, IF they have a copy of my signature, why would they not have a valid CCA?

 

Sorry for sounding a bit thick.

 

Jogs

 

 

Have looked more into these photocopies and can answer my own question now

Looks like its the application for the credit card and NOT the CCA, so now I'll send :-

 

Thank you for the information you sent following my request under the CCA 1974.

 

However, I made a request to you on .... for a copy of the executed agreement applicable to the alleged debt. Under the CCA s77/78, you are obliged to send me a true copy of the actual credit agreement but have only sent me a copy of the initial application form.

 

A regulated credit agreement contains all of the prescribed terms, other required information and statements of my statutory rights.

 

I would therefore be obliged if you would send me a copy of that document as soon as possible.

 

Yours

 

 

 

 

Is this correct?

 

Once again, many thanks for all of your time and effort.

Jogs