UPDATE I did go ahead with the CPR request to Capquest after my last post, and all the phone calls etc stopped after Capquest said they were passing the request back to Capital One. I hadn't heard a thing up until this week when I received a letter from Capital One again sending me a response to a CCA request with current T&C and no signatures to which I did not request. I requested the required information under the CPR law, so why are they sending the same old cr@p? :?

SUCCESS! Well I checked the bank today, and it looks like my dispute has successfully ended and the retailer has refunded my money Once again thankyou to all that helped answer my questions and arm me with the ins and outs of distance selling law.

Just a quick update. Still no refund. Amazing how quick they can take your money, isn't it? If I do get the refund, I bet they hold off until the very last minute of the 30th day.

Just a quick update... Courier picked up this morning 09:30:), great no waiting around for them. Before I handed the parcel over I asked if I would get any paperwork or receipt and he said he could give me a receipt, so off he pops back to the van. He comes back saying he hasn't got any but have I got a piece of paper?. I said "Here's somthing I prepared earlier", explaining I had been shafted before not having proof of returning goods. So I had knocked up (as suggested) a simple form stating... I had already got my digital camera ready, as I even thought about asking my Son to video the exchange! I checked the bank this morning however, and still no refund. Anyway they have 25 days left to comply with the regulations. It's great that we have forums like this where we can exchange experiences and help, and I hope that maybe one day this thread will provide good reference for someone else who needs a little help. Thank's for reading.

First, a big thankyou everyone who has replied I have (I hope) one more question... The retailer has agreed to arrange for collection on Wednesday 21-07-2009, now what are my rights regarding making sure I get some sort of receipt or proof of sending back? What do I need to look out for from courier? Will the courier give me some paperwork, or will I have to insist on some kind of receipt? I ask, because when I was younger and a lot more naive a courier returned to pick up something I'd bought mail order, but I didn't get anything to prove I had returned the item. To cut a long story short, even with the help of the CAB I was unable to get either my money or item back! Thanks again.

Great! Thanks for that tinyfin .

Hi, I have this morning received goods from an online retailer and they have arrived thus. One item is broken. The other item has been replaced with an inferior quality product without them contacting me for my approval to do so. I have emailed them to ask for them to pick them all up and refund me. Now, is it within my right to demand that they pick up the items at their cost, or is it down to me to incur further postage costs to sent it back? Thankyou

Hi postggj, I have received a letter before just like it, just another standard CapQuest template.

One last question, I hope If I do go ahead with a CPR request, shall I send it to the DCA or the OC bearing in mind that the OC sold on the alleged debt to the DCA and reminded me to not deal with them (OC) anymore. Thanks

Noted, Thanks.

Thankyou to all who answered. I think I shall sit on it and await the threatened SD and let them do the work before I strike! Just out of interest, is it worth going down the CPR route with the OC even though they have sold the debt?

Hi 42man, Thankyou for the quick response, but NO I did not send CapQuest ANYTHING. I went down the lines (Right or Wrong?) of "If I do not contact these clowns, then I surely DO NOT acknowledge any debt to their outfit". As tempting as it is to reply to these idiots, I am at the point as where I want them to prove I owe this debt and under the terms they allege, as any CCA I have sent to date has just ended with me losing £1 for nothing or attempts at being reasonable and flexible on my behalf are just always considered not enough by the DCA/OC. As for the OC, one of the last letters I received from them stated that their reply was their "final response in relation to this matter". I did post about my CapitalOne CCA last year, here is the link if you are interested. http://www.consumeractiongroup.co.uk/forum/general-debt-issues/161517-capital-one-cca-enforceable.html Thanks again

Thankyou for your quick reply cerberusalert.

Hi, A quick explanation of my situation. 1. Original creditor won't/can't produce CCA (Capital One), but paying what I can afford. 2. Alleged debt sold to DCA (CapQuest) and Original Creditor said to stop any payments to them and deal with DCA. 3. I decide to go down the NO contact with DCA (and NO payment) as OC had not complied with my requests for CCA. 4. All the various scare tactics from DCA etc, until threat of statutory demand being served. Now, My question is this... As I have not contacted DCA in any way or asked for proof of alleged debt from DCA, can I still use the fact I had NO CCA from Original Creditor as my defense IF I get a SD. I hope you can follow my explanation, and await any help. Thanks

Hi suziedarkness, Welcome to the Consumer Forums. I am quite new here myself, but from what I have learnt already, is to not include any identifiable information in anything you upload and share with the group. In your case I see that you have left the account number visible in your Word document attachment, which could be used to identify yourself. Anyway, I am sure someone more qualified will be along soon to help you. ratlover

Hi, Just found this thread after applying for repayment of charges with Barclays recently. I had sent them my "letter before action" on 16-10-08, but on reading the following on the BBC news website I wonder if it's worth even continuing with my claim. [b]Latest hearing[/b] The judge's latest ruling focused on whether historic bank terms were unfair penalties under common law, and if customers who had been charged for going overdrawn could challenge them. He decided that customers could not challenge Barclays, Clydesdale, HSBC and the majority of Abbey's terms. A Barclays spokesman said they were "pleased" with the decision. If apply to the courts with my claim then am I just going to waste a court fee for which I cannot afford to lose. ratlover

Yes but 41.67% of the time I am not getting a FULL service. The "speed limiter" is activated between 4pm and 2am (10 hours) Therefore 24 hours/100=0.24 10 hours/0.24= 41.67% It's bad enough that the ISP's get away with advertising unreachable speeds. Anyway I don't want to get into an argument with anyone, so I think I shall just put it to SupaNet and see what they have to say. ratlover

Hi all, I signed-up with SupaNet for an 8Mb connection in June with the understanding that as it said "Unlimited" bandwidth, that their would be no capping. Today I received an email from them (see below) Notification Broadband usage allowance warning Dear customer, We are pleased to see that you are getting the most out of your Supanet broadband connection however we need to draw your attention to the fact that you have used 33 GBs in the last 30 days. We would like to remind you that Supanet's Fair Usage Policy states that once your usage exceeds 30 GB within 30 days a 'speed limiter' will be introduced onto your connection. You can monitor your usage by checking the 'My Account' section of your Supanet account. Go to [url]https://signup.supanet.com/myaccount[/url] and login using your Supanet username and password. Kind regards, The Supanet Broadband Team Now I calculate that the 10 hours I will be capped is 41.67% rounded to 2 decimal places, and would like to know if I stand any chance on demanding that for that capped period I should get a 41.67% reduction in cost? Or if I were to cancel my account early on these grounds, that it would stand-up in court as to why I think they breached their contract. Has anyone else tried this? ratlover

Hi creditcardmug, Sorry, but I am not a phone text/abbreviation fan and I have had a look in the abbrieviations FAQ, but does OC mean Original Creditor? Thanks ratlover

Had another letter today from Debitas. [b]NOTICE OF IMMEDIATE ACTION[/b] We are planning immediate action against you. As we previously informed you, this may include passing on or selling your account to an external Debt Collection Agency for failing to come to an arrangement to repay the amount you owe to Capital One. In a final attempt to avoid this action, you have one last opportunity to repay this debt by calling us immediately to discuss repayment. Call us on blah blah......... [b]This is your final opportunity. Failure to take action may have serious consequences.[/b] I take they are panacking as they are only "planning" immediate action. I'm sure they wouldn't hesitate if they had an agreement. ratlover

Hi, Not sure where I should put this so as this is parking related here goes. I am currently penning a letter to my local council regarding the anti-social and selfish attitudes from other neighbours when it comes to parking. In a nutshell, we have a finite amount of parking spaces available for the nearby housing, but selfish neighbouring residents insist on taking up spaces with second vehicles plus commercial works vehicles and also more if they have children living at home who also drive. Anyway I have been looking through our deeds, and came across the following. 13(a) Not to use the amenity zone for the purpose of any business but only as the access and amenity areas of a private residential estate. So, does this mean that NO commercial vehicles are allowed, and should I include this within my argument to the council? ratlover

Hi 42man, Thanks for the reply:) The agreement is an exact copy of our copy with all the terms. Sorry I can't scan it, my scanner has gone to scanner heaven! Feel free to grill me for more details as I don't know what else I can give for anyone to advise. ratlover

Hi, A quick background to my situation is that we took out a loan with TESCO Personal Finance/RBS and couldn't keep up the full payment. Agreed reduced payment with them, all OK for about 6 months. Then they started harrassing for more towards payment. Eventually defaulted, and they assigned debt to Intrum Justicia. We CCA'd Intrum Justicia ( May ) ,they couldn't supply one and replied saying thankyou for bringing it to their attention and the account will be passed back to RBS and we will here no more from them. A month later ( June ) we receive a true copy of the agreement from RBS and a schedule of arrears. In all this time we have been paying a more than affordable payment, and as we had not heard anything since, we thought this was being accepted. Now today we receive a letter from APEX saying they are acting on behalf of RBS with the whole 72 hour notice, and they have also harassed my Wife by telephone at work. So I will CCA APEX but OK my questions are.... As RBS have the CCA, how is this going to end? We can only afford the payment we are already paying, and we see no future change to our financial situation; so shall we just let it go to court and let a judge decide once and for all? I dont really want to give details of amounts we owe, but to give you and idea, at our current payment to them it would take 306.5 year to pay off! Any advice would be very much appreciated. ratlover

Thanks for that sparkie I think I shall sit back, be and call their bluff and await more harrassment; I love their "harrassment" it just makes me more determined not to play fair with them. ratlover

Well I sent a letter along the lines of what Paul wrote, and I have received a reply today. Unfortunately my scanner has stopped working, so here is their reply typed in. Thankyou for writing back to me about your request for us to provide you with a true copy of your credit agreement. As I've already explained, I have provided you with the current terms and conditions of your agreement, which is in compliance with section 78 of the consumer credit act 1974. I also sent a copy of the signed part of your credit card agreement even though this is not required under section 78 of the Consumer Credit Act 1974; this is signed by both yourself and Capital One. Finally, I sent you all your account default details. Your account remains in default and the amount currently due and payable is £xxxx.xx. We will continue to pursue the outstanding debt and will defend any application you may wish to bring against us. Financial regulations require me to advise you that this is my final response in relation to this matter. However, you now have the option to contact the Financial Ombudsman Service within six months from the date of this letter. Their contact details are in our complaints leaflet, which I included with my last letter. Thoughts anybody? Please.