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CAP One Recon CCA


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Hi

 

For a while Arrow and now Drysden Fairfax have been irritating me with a Capital One CC account which was defaulted on.

 

Taken out in 2001.

Last payment approx 3 years ago.

 

In May, I CCA'd them, eventually received the attached document.

They say they've sent a Recon, quoting a high court decision in 2009.

 

This document is all they sent, despite their letter saying that they have also sent a copy of the terms & conditions.

 

Does not sending the accompanying t&c's mean it's failed CCA reply?

More importantly, is the attached CCA enforceable? It's termed as an Application Certficate? Prescribed terms? (I'm not too clever on this aspect)

 

Thoughts and advice appreciated.

 

CR

cap one recon cca.pdf

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Bog roll

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Found an old cap1 thread

Merged

But might this be a diff card I think you had 2?

But dealt with both in the old thread anyway

So I'll merge them for history

 

Dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Found an old cap1 thread

Merged

But might this be a diff card I think you had 2?

But dealt with both in the old thread anyway

So I'll merge them for history

 

Dx

 

It's a different card. The former is dealt with.

 

Merging is fine, as long as it doesn't confuse issues.

 

Bog roll

 

Thanks dx.

 

I'm thinking the same.

However, looking around,

I noticed that there are one or two people who have the same 'Application Certificate CCA' who have received court claims.

 

 

One is already in the midst of defending

whereas the other is in the same boat as me,

although they mention receiving court papers.

 

 

It seems that whichever company is chasing these Cap One debts seem confident enough that they are good with these documents. Obviously, I want to avoid that.

 

So, really what is my next step?

 

Their last letter (Drysden F) asks me to contact them early next week.

I don't plan to,

but I was thinking of sending a failed CCA letter,

 

 

I just need help wording it as to why it is faulty if it is.

 

 

I'm sure they have failed by not providing the mentioned T&C's but is that enough?

 

Hopefully someone can look at the attachment again and give me some pointers.

 

Thanks for the help once again.

 

CR

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I've unmerged them to not confuse others

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

current wisdom over the last few years is to no longer send the CCA failure letter

no point really

 

they know the score

 

theres not much you can do to avoid a claimform

if? that's what they are upto.

 

pers i'd let it run.

 

I take they are willy waving about carey? case

 

what they have sent does not meet even the recon rules to comply with those

and I doubt very much, without the correct T&C's that were SENT to you

[rather than t&c's from their filing cabinet with you stuff insert

would meet enough for a court claim.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

current wisdom over the last few years is to no longer send the CCA failure letter

no point really

 

they know the score

 

theres not much you can do to avoid a claimform

if? that's what they are upto.

 

pers i'd let it run.

 

I take they are willy waving about carey? case

 

what they have sent does not meet even the recon rules to comply with those

and I doubt very much, without the correct T&C's that were SENT to you

[rather than t&c's from their filing cabinet with you stuff insert

would meet enough for a court claim.

 

Yup, Arrow quietened down but then passed it on to Drysden to run around after. Drysden are the irritants, sending letters every few weeks, their latest missive just asks to contact them to make payment or ask for their help by a date next week.

 

I've attached the letter that came with the 'agreement', doesn't specially mention the Carey case though.

 

That response from cr@p1 is hilarious!

 

:-D

 

I take it, you are also of the opinion that it's not what and/ or how it should be?

 

Another question, just for reference, if they were to send I assume a LBA (they should send one before they issue court papers??) how should I reply?

 

Thanks for your help

 

CR

letter.pdf

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https://cse.google.co.uk/cse?cx=partner-pub-8889411648654839:6449422593&ie=UTF-8&q=carey+2009&sa=Search+CAG#gsc.tab=0&gsc.q=carey%202009&gsc.page=1

 

carey case 2009.

 

you don't reply ever

this might have been your down fall

you have been replying in the past?

 

keep quiet.

 

the idea of all these letters is to gander a response.

 

don't, wont prevent anything.

 

they know at present all they have is part of what they are required to hold.

 

if they were that confident of their hand

they would have filed years ago.

but you see, its not in their interest to do so.

the closer they leave it to SB date the more int they can claim to be owed.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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