capital one charges. help!

[cashins]

Hi

 

Saw something in the 'Inside a DCA' thread that a DCA can in fact hand a debt back to the OL, even if they have bought it. Depends on what type of contract.

 

Of course they could just be bull****ting!

 

David

[Mrs_Ryan]

To be honest its really rare for them to do that! If it has been sold to Cap1 they only tend to recall them if theres something majorly wrong like fraud or something.... you've had a narrow escape by the sounds of it!

[xxorlsxx]

Hi All,

Since cap1 sold my debt to RW along with the charges, i have just got the statements after i SARd them, they have added £250 in charges which i will use to reduce the debt (hopefully) can anyone tell me how i should put this in writing to cap1 to get that money off the debt please?

Best Regards, xxorlsxx.

[maroondevo52]

Hi, xxorlsxx.

 

You will have to take Cap 1 all the road.(court)

 

I did this with Cap 1 when they had sold my debt to Lowell's.

They paid out, when they received my court Summons from the Sheriff Officers. Then offset the debt with Lowells.

 

It was £1,111.94. Charges plus Interest plus court costs.

I never saw a penny, but I was only due Lowells about £100 after Cap 1 paid them my claim.

 

 

Regards.

 

Scott.

[xxorlsxx]

Thanks scott,

I thought i might have to go to court over this, is there a letter in the template library i have to send before starting court proceedings, if so which one? By the way, nice 1 on your settlement.

Cheers, xxorlsxx.

[maroondevo52]

Hi,

 

You'll find all you need here......

 

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-example-step-step-instructions.html

 

 

 

Regards.

 

Scott.

[xxorlsxx]

HI All,

Im finding it hard to decide this one so hopefully someone could help..

ok, have got my cca from cap 1 and ive looked through it, according to some threads which have shown some of the details which must under the prescribed terms and conditions (consumer credit act 1974) be included in the cca is THE CREDIT AMOUNT OR THE CREDIT LIMIT. on my CCA there is no credit amount and where it says 'credit limit' it states 'the credit limit will be determined by us from time to time under this agreement and notice of it will be given by us to you'

So what im saying is that there is no actual figures on the cca (credit limit or amount of credit) DOES THIS MEAN ITS UNENFORCEABLE?

Help please? Cheers.

[42man]

Would be helpful if you could scan/photo it and post it on here (minus the personal details)....

[nicklea]

No it isn't unenforceable, the actual regulation says:-

 

A term stating the credit limit or the manner in which it will be determined or that there is no credit limit

[xxorlsxx]

Sorry 42man its only just readable and scanning or photo dont work, sorry.

but if those items are missing do you think i may have a case? do you think the cca should have your credit amount?

Cheers...

[nicklea]

As I said above, it doesn't need to have the actual amount of the credit limit it just needs to have the manner in which it will be determined.

 

However, there are other things that may make it unenforceable, for example not giving notice of cancellation rights properly

[creditcardmug]

The prescribed terms must be within the four corners of the piece of paper you signed, they cannot be anywhere else.

I would still scan it in, it may help

[excel1]

IT would be a first:D:D:D

[citizenB]

Sorry 42man its only just readable and scanning or photo dont work, sorry.

but if those items are missing do you think i may have a case? do you think the cca should have your credit amount?

Cheers...

 

 

When you say it is 'only just readable' could it qualify as "ILLEGIBLE" ?

[xxorlsxx]

Hi All,

i'll keep it brief, had a debt with cap1 who sold it to RW (i've checked) the problem is that they also passed on the unfair charges with the debt to RW, i am now taking steps to get the money from cap1.

Can i declare to RW that the account is in 'dispute' because of the unfair charges by cap1? And then they can't take action untill the dispute is settled?

Any advice would be great..

[citizenB]

I am not sure that you can put the account into dispute because of the charges. I am sure someone will correct me if I am wrong. Have you started your claim yet ?

[Curlyben]

Yes you can and here's a good letter for just that ;

 

ACCOUNT IN DISPUTE

 

Dear Sir/Madam,

 

Your ref:

 

 

Thank you for your letter of **DATE**, the contents of which are noted.

 

 

I am disputing the total value of these debts with **BANK** due to unlawful and unreasonable charges. As such, therefore, I consider this account to be in dispute and no further action or payment shall be made until this matter is resolved.

As per OFT guidelines Section 2.8k "not ceasing collection activity whilst investigating a reasonably queried or disputed debt."

 

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

[citizenB]

Many thanks Curlyben.

[ScarletPimpernel]

Yes, you can raise a dispute because of charges. I did so successfully against the feckwits at Robinson Way - see this thread for details.

[xxorlsxx]

Many thanks CB,SP

I am going to send the 'letter before action' to CAP1, and tell RW that the account is in dispute, One more thing, a while ago i made RW an offer to clear the debt, they wrote back saying that their 'client' would not accept the offer, this is strange as they have previously sent me the proof that they are the owners of the debt, is this false representation on their part? Also if they own the debt cant i claim the charges from them?

Cheers..

[xxorlsxx]

Hi all,

Cap1 sold my debt to RW (they complied with my cca req) and confirmed that they own the debt, the problem is that cap1 also passed on the unfair charges, i know that i can recover the charges from cap1 but could i get RW to wipe out the charges as they own the debt?

I made RW an offer awhile ago for a full and final settlement and they accepted, but they wrote back saying they may pass the debt on when i pay, (they are playing silly buggers)

So if i write to RW explaining that they have bought a debt that has unfair charges and the account is in 'dispute' untill iv'e recovered the charges from Cap1 they may agree the final settlement. any ideas as these vermin are getting on my t$ts now.

Cheers,

[Pinky69]

I wouldn't agree a final settlement with them as they are obviously going to sell the residue on once you have paid - they have told you as much in writing. They may have fulfilled your CCA request but are you sure the agreement is enforceable? Most CAPone agreements sent out are not and there are a few posters on here at the moment disputing them.

[xxorlsxx]

Hi Pinky,

Yes i've not sent them the settlement money because they have not put their acceptance in writing and are unlikely to do so, so i'm carrying on sending them £1 per month.

As for the cca, it looks ok,(my sig, terms, apr etc), unfortunatly i cant scan it and show it to you, it seems to have all the prescribed term and conditions. I'm just trying to get them to accept my offer as a full and final settlement in writing. can you direct me to a post about the Cap1 cca's please?

[robinalexander]

I made RW an offer awhile ago for a full and final settlement and they accepted, but they wrote back saying they may pass the debt on when i pay, (they are playing silly buggers)

 

The actual wording of the letter says something along the lines of 'if the account is in multiple names, we may pursue other parties to the account'. They won't pursue you for the rest, nor will they pass the rest on to anyone else to recover.

 

What's the balance at the moment and what was the settlement figure?

[IdaInFife]

If you need a template for f&f

 

[Your Address]

 

June 28, 2006

 

The Loan Company

Company House,

Church Street,

Newtown,

Kent,

R1 7HG

Dear Sir/Madam

Re: Account/Reference Number 4563210025897412

We write with reference to the money which you are claming on the above account.

We can confirm that we are unable to offer to pay the money which we owe in full. However, I can raise £400 and I want to offer this as an ex−gratia payment in full and final settlement of the account. This offer is made on the clear understanding that, if accepted, neither you nor any associate company will take any other action to enforce or pursue this debt in any way whatsoever and that we will be released for any liability.

We also request that, if accepted, you will make an entry on a credit reference agency file relating to the above account as "satisfied" in full.

Payment can be made within 1 m onthof receiving your written agreement of this offer and method of payment.

We look forward to receiving your reply.

Yours faithfully

 

 

Idax