Based at 1160 Centre Point Dr Mendota Heights Minnesota 55120 Acting on behalf of Barclaycard Anyone else come across them and any experiences to report

Surprise I haven't actually said much about the pre-contractual argument to Capital One. I like your argument a lot and I have kept it to roll out later if that's OK. I am impressed that you have had a default notice withdrawn. C1 won't accept anything from me at all. You must have a way with words!

Surprise, that is a very interesting post. I think this is a very spooky SNAP!!! I have dropped all attempts on recovery of charges however. If the CCA request tactic fails than I can always resurrect the charges claim. Like you say let's wait and see how each of us gets on. My complaint to the FOS has only generated 3 holding letters so far. Meanwhile the Capital One machine rumbles on - but nowhere near a court as yet. I thought Peter might take the view in your post. I haven't actually raised this argument as yet.

It means they haven't complied with your CCA request and so remain in default. Whether the agreement is enforceable or not is another matter. I have asked Peterbard to try and have a look and see if he agrees with my understanding.

Peter If you have the time would you mind taking a look at post #12 onwards on the linked thread below. Post #12 has links to a couple of documents and I have an interest in your thoughts about enforceability http://www.consumeractiongroup.co.uk/forum/capital-one/100564-wednesday-capital-one.html Many thanks

With mine the default charges are only in the T&Cs which is a separate document. The default charges must be in the signature document. As mine only refers to the T&Cs, I have taken the view that the latter is not part of the signature document at all.

Mine was signed early 2004. I can see most of the prescribed information is on the second page but no mention of default charges on mine. Can't see any on yours either. However as a separate issue, how do I (or indeed a court) know that page 2 is part of the signature document? Also when you read the wording of the first page, it is an application document and not an agreement. I am interested in what the learned opinion on this is.

Wednesday, I am interested in this as I have received similar documents. I have told Cap 1 that they are still in default as the T&Cs are current and not those in force at the time I signed. The TS agree with me although they frequently say that if a copy of the original T&Cs turn up then Cap 1 will no longer be in default. As for whether the documents are enforceable, I have said they are not but Cap 1 do not agree. However Cap 1 have not actually replied to my analysis, they merely say they do not agree. I have pointed out they would need to do more than that in court but for the moment they don't appear to be listening.

OOC I have already replied to this on another thread. Scan0003.zip shows your name and address and I recommend you alter the image.

Both of these documents are the same in form. I assume you have blanked out all the bits you filled in and your signature. They are both quite clearly an application form. The header required by CCA is not prominent whilst the words 'application form' or 'credit card application' are very prominent. In addition neither of the documents have the prescribed terms as far as I can see, about interest rates, credit limit, repayments and default charges. These are detailed in post #1 of this thread. Both make reference to terms and conditions (Mint says conditions set out separately and information overleaf, Nationwide just says conditions that you have read) and these should also have been produced to comply with the regulations on CCA requests - the ones at the time, not current ones. Neither appear to be enforceable because they are an application form and not an agreement. Also unless you received the rest of the information required by CCA (eg T&Cs, statement of account), the creditor has not complied with the Act and if the deadlines have passed they are in default. Have a look back at the start of this thread and at the OFT guidelines to fully understand your legal position, make a big list of all the shortcomings and then write to the creditor. I believe it is up to them to investigate this fully and act accordingly so I tend to just tell them enough without being fully informative but it really is up to you whether you hit them with both barrels. Whatever you decide, it is very important that you research your position and make sure you have a handle on your position. The more you can find, the stronger your position so research thoroughly. I personally find the OFT guidelines are the most comprehensive notes available although I didn't have the benefit of Peter's excellent notes above. Have a search for a link. I think you can use Wiki (although I have to admit I haven't got to grips with Wiki yet!) If you want any help start a new thread for your own actions and I would suggest you also split up the two actions to avoid confusion. You can post a link in this thread to redirect us if you wish.

APR 51.1%! Doesn't this come under the extortionate interest regulations? Have a look at the OFT about this Also I posted something about this in Post 63 here http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/80392-london-scottish-still-paying-4.html#post1001329 read on to see any further developments. You will need to research this a bit as I don't know too much about it. It has been mentioned a few times on the forums and you could try a search of the site for some relevant words

SNAP!!! You must have posted whilst I was writing ODC - I always was too wordy!

By my reckoning, the interest rate applied on the original loan was in excess of 50%. The term must have been 7 years (based on the original £20 pw to pay all the amounts you have posted) - is that right? They were due to pay £7201 per the figures you show and have paid at least £7280 (£10pw for 14 years) so they were due to pay £80 + £1600 or so extra. Part of this will be extra interest and part perhaps a penalty charge. The % that is added on top for a missed payment may be a penalty charge - it depends on how and why it is added. The T&C's would show this but I suspect you don't have a copy. You could try to SAR for one under DPA.

Hi there. Terrible story! A few points spring to mind here. 1. There is some reason to believe that the 3rd paragraph of page 1 of their letter is correct. The courts are reluctant to force repayment if there is just non-compliance of a S77 or S78 request. That does not stop you trying but I think it would be too simplistic and more likely to fail as a strategy. 2. I have a vague recollection that there is some legislation preventing extortionate interest rates. Try the OFT website, or just google for a few relevant words. Rates above a certain maximum are considered extortionate and 30% seems to ring a bell (something to do with the reason why a lot of credit cards use 29.9%) 3. If the extra amounts they have paid include charges, then the usual rules apply and these could be demanded back. You may have difficulty getting the money as the creditor will probably automatically offset any charges against the amount owed but if you add charges to the extortionate interest, that should give some some of claimable amount. Sorry to be a bit vague, these are just some early thoughts and I didn't want to forget them. I suggest some research on both the forums and the internet might give you some ideas. Good luck and keep us informed.

Bookie, I am amazed. This page alone started over a year ago with a conversation between the two of us. You have obviously spent too much time messing about since then!

Powell, is this comment about only being defaulted once for a credit agreement based on legislation or do you have the information from somewhere else. I am sure several people have posted on the site about multiple default notices and clarification of this issue would be useful for future advice to others Many thanks

Thanks for the info How did you get it? Is there some way of accessing the register as we all seemed to have no joy

If you want to. They will find out soon enough but it is always best to fully explain for the avoidance of any doubt. Then when they try to pursue you, you can point to a wealth of evidence of where you kept them fully informed and they ploughed on regardless. It will support your arguments and give more scope for a complaint to the regulatory authorities.

No need to wait. Write and tell them that without the agreement they cannot enforce the agreement. You can stop payments if you wish. Read back over this thread for some good ideas for the wording of your letter

No. Companies House is merely a register of all companies. The licence to collect debts is another matter and we have yet to establish if they are licensed. Has anyone made any progress on this yet?

To quote Michael Palin from The Life of Brian " You lucky, lucky B......"

There is some opinion that the legal support is in fact s77 of CCA which says that whilst a creditor is in default it cannot enforce the agreement. The issue of a default notice is part of enforcing the agreement

That's a fine posting Murphy. Your donation is also a noble gesture that is gratefully accepted. The only questions you seem to raise are Here is an excellent guide issued by the OFT which gives a good analysis of the requirements of the Act http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft018.pdf Also Once the agreement is supplied the default position of the creditor ceases. You will then be looking to see if the agreement is properly executed. Again the link above will help you look at this. There are some excellent if rather long threads in this forum and the one on debt collection matters. Give yourself plenty of time to read them. Some users are very knowledgeable and you can pick up a lot of useful tips and information. There are a few successes as well in there although most creditors actually back down when faced with a knowledgeable debtor. Let us know how you get on.

Thanks, much appreciated! Good luck with your action whenever you get started. If you need any help just get posting, preferably on the relevant forum. There are loads of people willing and able to help.

Hi and welcome There is a lot of information about requesting information under the Data Protection Act. It's known as a subject access request. You have to pay of £10 fee. Did you do this? If not you will need to start again Here is a step by step guide http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/25457-guide-reclaiming-bank-charges.html More information here about the data Protection Act http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31575-important-things-you-really.html?garpg=5 Have a good read and then when you are ready, start up a new thread in the relevant forum for RBS. There are a lot of people on there who can help you Good luck