capital one charges. help!

[xxorlsxx]

Hi All,

had a c/card with cap 1 and for reasons i wont bore you with i never made any payments back to them, (not good i know), anyway they have long since sold the debt to a dca and what started as a £200 debt is now a£900 debt, cap 1 had been adding charges that were unlawful untill they sold the debt.

Once i have paid the dca the £900 can i claim the money back from cap 1 as their charges have been proved unlawful? Should i SAR them?

cheers xxorlsxx

[tiglet]

You can reclaim the charges prior to you paying the debt off (if you wish to do it that way) and the removed charges would reduce the debt.

 

I would also send the DCA a CCA request to ensure they ahve a legal right to collect on the debt.

[xxorlsxx]

Thanks Tiglet,

yes i did send the dca a cca and they have sent it to me, but they took more than the legally allowed time of 40+2 days, can i do anything about this?

Also do i contact the dca and tell them that im going to reclaim the charges from cap 1?......cheers, xxorlsxx

[dpick]

Hi as tiglet say you can reclaim charges now. You will need to check if DCA has bought the debt or is assigned by crap1 to recover the debt for them. If the debt is still owned by cap1 you will need to start proceedings then cap1 will acknowledge the claim say they will defend in full then payout in approx 4 weeks. I believe it's the same process with DCA they will try to say they only bought the rights to the debt not the obligations IE the right to collect the debt not payout any claim. That is a load of crap of course if they own the debt the own the obligations.

 

I am not sure how you tell if a DCA owns the debt I have been lucky in that I have only had to deal with OC not DCA. If you you hit any problems you will get loads of help on CAG

 

all the best dpick

[xxorlsxx]

Thanks Dpick,

Yes the dca (robinson way) does own the debt as they sent me a copy of the cca, so should i sar the dca and tell them that want to reclaim the charges from them that crap1 have added?

P.S this forum rocks..... cheers, xxorlsxx.

[tiglet]

You should reclaim the charges from cap one as they are the original creditor.

[xxorlsxx]

Hi All,

Ran up a debt with Capital 1 and now a DCA are on to me, the problem is that although i made no payments to cap 1 they added charges, so now i want those charges taken off the debt before i make any arrangement to pay them off, as the DCA own the debt (and they do i checked ) do i SAR the DCA or CAP 1?

Thanks, XXORLSXX.

[saintly_1]

I'm sure that you SAR the original creditor so that would be Cap1

 

Im not a debt expert so if i'm wrong someone will correct me

[Curlyben]

Dead right there Saintly.

 

Remember the rule of thumb;

DCA - CCA

OC - S.A.R

[xxorlsxx]

Hi All,

Cap1 have passed on my debt to a dca who now own it ( i checked),

so im gonna S.A.R - (Subject Access Request) cap1 and pay the dca off, can anyone give me the address of Cap1 to send the S.A.R - (Subject Access Request)?

And also, im gonna pay by P.O. do i make it payable to capital one bank?

cheers xxorlsxx.

[xxorlsxx]

Hi all

Ive just got the address of Capital one so i can sar them, i had to laugh when i found out that their address(loxley house) is linked to englands favourite outlaw Robin Hood who folklore has it stole from the rich and gave to the poor......the irony eh..

LOL xxorlsxx

[42man]

You may have to make it payable to the DCA (does it say anything on the letter ?....also are there some excessive penalty charges which have been added to the account which you could claim back ?

[sea-sidelady]

You need to S.A.R - (Subject Access Request) Capital one, and make it payable to Cap 1.

 

Here is the address you need.

http://www.consumeractiongroup.co.uk/forum/capital-one/19550-capital-one-data-protection.htmlu

[tiglet]

Laffin

[xxorlsxx]

Ive never seen a statement from them as i was out of the country, but the original debt was £200 and the dca wants £650 so i'd guess that they(cap1) have certainly added charges. Thanks for the link Sea-sidelady.

[xxorlsxx]

Hi All,

I sent the dca a cca request and it has taken them more than the legal time to aquire and post it to me, i recieved it late so is there anything i can do as they have commited a criminal offence?

[42man]

OK are you able to scan/photo it and post it up on here for some opinion ? (obviously cross out all the personal details, account numbers etc)...not sure exactly about what happens if they find it after the prescribed time...

[xxorlsxx]

Hi 42man,

Thanks for your quick reply, unfortunately i dont have a scanner but i can get my hands on a camera so i'll take a pic and post it, i must say though that the copy of the cca looks kosher and it has my signature on it, my problem with them is really their notice of assignment letter wich is just a letter on their own headed paper saying 'this letter acts as the notice of assignment' I thought that a notice of assignment was a letter from the creditor to the dca giving them the legal right to collect the debt? am i wrong?

Cheers...

[42man]

Part of the procedure is that the original creditor must send you a letter saying the debt had been assigned to....(DCA)....I believe that there have been a few legal cases on here where the case has been thrown out because one wasn't sent....you would also never see the assignment from the OC to the DCA.....

 

As for the CCA this might help you...

 

reproduced courtesy of Peter Bard...

 

CCA RULES FOR PRESCRIBED TERMS

CONSUMER CREDIT ACT

8.2 What if prescribed terms are missing or incorrect?

 

s127(3) provides that the court may not make an enforcement order unless a document containing all the prescribed terms of the agreement was signed by the debtor – see Q1.21.

 

If therefore any of the prescribed terms is missing, or incorrect, the agreement is not enforceable against the debtor, and the court is precluded from making an enforcement order.

 

 

8.3 What are the prescribed terms?

 

The prescribed terms specified in Sch 6 are as follows:

 

* amount of credit – see Q8.

 

* credit limit – see Q8.5

* repayments – see Q8.9.

* rate of interest – see Q8.6

 

Sch 6 was not amended by the 2004 Regulations.

They need to keep documents such as a copy of the agreement for 6 years after the closure of the account to comply with money laundering legislation.

IS MY AGREEMENT ENFORCEABLE( Via section 127(3) CCA1974)

PRESCRIBED TERMS FOR THE PURPOSES OF SECTIONS 61(1)(0) AND 127(3) OF THE

CONSUMER CREDIT ACT 1974 Taken from sced.6(1983/1553) regulations

(If you just want to find out, skip the bits in between the stars it’s just some extra information)

 

**What do we mean by unenforceable?

In the Consumer Credit Act section 127 there is a provision for making an agreement unenforceable if it does not contain certain pieces of information.

Subsections 1,2,3,4 state which pieces of information these are, and everything mentioned there must be included within the body of the agreement, if one is missing the agreement is unenforceable.

 

How does unenforceable differ from enforceable with a court order only?

When an agreement is unenforceable it means that the court or the judge cannot make a ruling on it. The court cannot make it enforceable.

When an agreement is enforceable only by ruling of the court it means that the agreement can be stopped by the debtor but the court has the power to re-instate it and allow the credit to continue to enforce.**

 

The Prescribed Terms are these

 

A Amount of credit

A term stating the amount of credit

 

B Repayments

A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following-

(a) Number of repayments;

(b) Amount of repayments;

© Frequency and timing of repayments;

(d) Dates of repayments;

(e) The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable.

 

C Rate of interest

A term stating the rate of interest to be applied to the credit issued under the agreement

D Credit limit

This may be a term or the manner in which it will be determined or that there is no credit limit.

--------------------------

 

Which of these applies to you depends on the type of agreement you have?

 

For a Running Account (credit card) agreement

 

BC and D Apply

 

For a Restricted Use Debtor Creditor Supplier

• Where the dealer is the supplier and the creditor is the one providing the finance.
  
• The money can only be used for the purpose it is given.
  
• There is no interest on the purchase (the cash price is the same as the total price)
  
• And there is no advance payment

A is applicable

 

For a fixed Sum Credit Agreement

A conventional credit agreement with none of the above restrictions

 

A and B apply

 

For a Hire Agreement

 

B is Applicable

 

This paper only covers section 127(3) of the Act agreements can also be unenforceable by contravention of sections 1 and4 this will be the subject of the next paper.

Please note that these Prescribed terms where not changed in any way by the 2004/1482 Ammendments although the form in which they appear on the agreement was. Subsection127(3) was repealed on the 6th of April 2007 so that unenforceability due to 127(3) will only apply to agreemens executed before that date.

[xxorlsxx]

Hi All,

I've got my cca from Cap1 but i've heard that the cca must have certain info on it to make it binding, one of these is the credit limit, my cca just says 'THE CREDIT LIMIT WILL BE DETEMINED BY US FROM TIME TO TIME AND NOTICE OF IT WILL BE GIVEN BY US TO YOU'. I thought that it should have the limit on the cca in £s.

Any ideas?

[babydoll0141917]

Bump

[dpick]

Hi sorry they just need to have a sentence of that form for the credit limit.

 

dpick:)

[xxorlsxx]

Hi All,

after a dca wanted me to pay them what i owe to cap1 as they owned the debt (the dca owned it) plus the disproportionate charges cap1 had added, i S.A.R - (Subject Access Request)'d cap 1 for the details so i could pay the dca off using this money, i have now recieved notice that the dca has passed back the debt to cap1, has anyone got any idea why this has happened, could it be that cap1 has bought the debt back because i was going to get the charges refunded and pay the dca? or is there a more sinister motive? do you think they may offer me a deal? Any help or thoughts would be great, Cheers, xxorlsxx.

[Vampyra]

The DCA never owned the debt, whatever they told you. It is still owned by Cap1.

[xxorlsxx]

Hi Vampyra,

The dca sent me a copy of the cca so i thought that they owned the debt am i wrong? PS thanks for your quick response. Cheers xxorlsxx.