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The Scarlet Pimpernel vs. Capquest/CrapOne


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About a month ago I received a letter from Crapquest regarding an alleged debt to Crapital One. It interested me exceedingly, because the card had had a low limit, and was not much used, and never went overlimit.

 

When I moved I informed CrapOne, who demanded a utility bill as proof, and would accept nothing else. Since I lived in military accommodation at the time, I was unable to produce same; CrapOne were immovable. So, I wrote and told them that mail would not be forwarded after a couple of months; they had my new address, but if they chose not to use it, they must live with the consequences.

 

Due to the cursed HSBC failing to transfer all my direct debits when I changed accounts, the payments to CrapOne stopped. The huge intellects at Crapquest are now demanding some four times the original credit limit.

 

So, I CCAd them and today (within the twelve days) received a response direct from CrapOne.

 

Their letter says, amusingly, that although they are not obliged to supply it under a s.77/78 request, they've done me a favour and included a copy of 'the document signed by yourself and Capital One', together with some meaningless current T&Cs (complete with a newer address), an odd screenprint of something that doesn't identify an account or individual, and some example default letter templates.

 

I have formed an opinion regarding the enforceability of the alleged agreement. However, I'd be most grateful if others would cast their eyes over it, and let me know what they think.

 

CrapOneCCA.jpg

 

That's it! Presumably CrapOne are hoping that I won't spot the heading ('Application form'), or that the bottom part appears to have been detached from another document - or that the prescribed terms are conspicuous by their absence, or that the terms are on another document entirely - that they've failed to supply.

 

Any suggestions for a feck-off letter appreciated...

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Here you go mate. This is a CB special Feck Off and produce a real CCA letter.

 

You may also wish to remind them of S175 and 189 of the CCA 1974 and their Legal Obligations

 

Dear Sirs,

 

 

Account no xxxxxxxxxxxxxx

ACCOUNT IN DISPUTE

 

 

Re: my request under the Consumer Credit Act 1974

 

 

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

 

You attention is drawn to the fact that this account is subject to a serious dispute. On xx/xx/2007 I requested ********supply me a copy of the credit agreement covering this account pursuant to the Consumer Credit Act 1974 section 78. To date ******** have failed to comply with my request and have totally ignored my written reminders sent via recorded delivery of this fact. Without production of the said agreement I am unable to assess if I am indeed liable for any alleged debt to you or *******, nor does it give me any chance to evaluate whether any original agreement was ‘properly executed’ as required by the Consumer Credit Act 1974

 

 

For the avoidance of any doubt I have included section 78(1) and 78(6) of the Consumer Credit Act 1974, which states…

 

78 Duty to give information to debtor under running-account credit agreement

(1) The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of [£1], shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—

(a) the state of the account, and

(b) the amount, if any, currently payable under the agreement by the debtor to the creditor, and

© the amounts and due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor.

(6) If the creditor under an agreement fails to comply with subsection (1)—

(a) he is not entitled, while the default continues, to enforce the agreement; and

(b) if the default continues for one month he commits an offence.

 

 

 

Clearly as no agreement was supplied on request, this in no way complies with the requirements of the Consumer Credit Act 1974 and I now draw your attention to section 78 subsection 6 which states If the creditor under an agreement fails to comply with subsection (1) he is not entitled, while the default continues, to enforce the agreement;

 

Clearly this is a situation as described in s78(6) Consumer Credit Act 1974 and the debt is unenforceable at this time. In addition, I draw your attention to section 127 (3) Consumer Credit Act 1974 which states

 

127(3) The court shall not make an enforcement order under section 65(1) if section 61(1)(a)(signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).

 

This is backed by case law from the Lords of Appeal in Ordinary (House of Lords) the highest court in the land. Your attention is drawn to the authority of the House of Lords in Wilson-v- FCT [2003] All ER (D) 187 (Jul) which confirms that where a document does not contain the required terms under the consumer credit act 1974 the agreement cannot be enforced.

 

 

To clarify s61(1) states

 

(1)A regulated agreement is not properly executed unless—

 

(a) a document in the prescribed form itself containing all the prescribed terms and conforming to regulations under section 60(1) is signed in the prescribed manner both by the debtor or hirer and by or on behalf of the creditor or owner, and

(b) the document embodies all the terms of the agreement, other than implied terms, and

© The document is, when presented or sent to the debtor or hirer for signature, in such a state that all its terms are readily legible

 

In addition the prescribed terms referred to in section 60 CCA1974 are contained in schedule 6 column 2 of the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) and are inter alia: - A term stating the credit limit or the manner in which it will be determined or that there is no credit limit, A term stating the rate of any interest on the credit to be provided under the agreement and 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—

 

1.Number of repayments;

2.Amount of repayments;

3.Frequency and timing of repayments;

4.Dates of repayments;

5.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

 

Therefore based upon the Consumer Credit Act 1974 this debt as it stands is unenforceable and should this proceed to litigation, a court is precluded from making an enforcement order under section 127(3) unless a true copy of the signed agreement is produced..

 

At the point where this account entered into the default situation as described in s78 (6) CCA 1974 no other charges are allowed to be added until such time as ********* become compliant with my request. As ****** are still not in compliance with my request I insist that the following takes place with immediate effect

  • All charges levied since ******** 2007 be removed from the account and further charges cease until such time as ******* comply fully with my original request or such time as a court makes an enforcement order
  • All entries which refer to missed payments be removed from my credit file
  • All collection activities by your company cease with immediate effect until ******** comply with my request from ********* 2007 or such time as a court makes an enforcement order

In addition, I draw your attention to the Office of Fair Trading’s guidance on debt collection

 

The OFT guidance which was issued July 2003 (updated December 2006) relating to debt collections and what the OFT considers unfair, I have enclosed an excerpt from page 5 of the guidance which states

 

2.6 Examples of unfair practices are as follows:

 

h. Ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment

 

What I Require.

 

I require that you send me a true copy of the executed agreement as required by the Consumer Credit Act 1974. If you are unable to supply the requested documentation because no such agreement is in existence I require written clarification as such.

 

I require that you comply with my request within 7 days of the date of this letter. I will not correspond any further with you until I either receive a copy of the requested documents as laid down in section 78(1) CCA 74 or clarification that such agreement doesn’t exist. I am advised that should you persist in pursuing this debt ignoring the above information you will be in breach of the Administration of Justice Act 1970 section 40 as well

 

No other correspondence will be accepted

 

Should you attempt litigation it will be vigorously defended and the failure to supply documentation under the CCA 1974 is a complete defence to any legal action and your actions will be vexatious and unlawful

 

 

I trust this out lines the situation

 

Regards

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how about one that says thanks for your letter heres my response . ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha.

or something like that .

CAG v dca

 

CAG EVERYTIME .....

KEEP RIGHT ON TILL THE END OF THE ROAD ........

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You're one of the few people on here SP I wouldn't like to face in a court of law !! even I can tell that this is completely unenforceable....

 

What about this one next ?

 

Thank you for your response to my request under the Consumer Credit Act section 78.

 

I am pleased to see that you confirm this as a true copy of the original agreement executed by yourselves on the 26th July 2007.

 

As you must realise this agreement does not conform to sections 60(1) and 61(1) of the Consumer credit Act and is therefore unenforceable under section 127(3) of the same act.

 

 

You had until (date here) to provide me with the true copy I requested. After that date you entered into default of my request. Whilst the account is in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, make any further charges to the account or pass the account to anybody else. I would also like to note that as from the (12+2 working days + 30 calendar days) it becomes a criminal offence.

Please note you may also consider this letter a statutory notice under Section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies including any defaults. Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’, you must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you fail to respond within 21 days, I will expect that this means you agree to remove all such data.

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  • 1 month later...

I'd forgotten to update this thread.

 

I received a letter from HL Legal, in which they threatened legal action. I then sent a formal complaint on 31 March to Crapquest - that they were already aware that the account was in dispute, and that as Crap One were in default of my CCA the HL Legal template was an unlawful demand for payment.

 

Yesterday I received two identical letters from Crapquest, to the effect that my complaint was being investigated with Crap One.

 

Today, I received another letter telling me that their investigation is now complete, and they have closed their file.

 

No doubt Crap One will now pass it to some other lowlifes, but I take some encouragement from the fact that Crapquest realise it's unenforceable.

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  • 2 months later...

This morning, a letter from Crap One to tell me that 'Capquest are no longer dealing with this matter' - no sh!t, Sherlock - and that they'll be managing it themselves from now on.

 

How tedious. I have penned a short missive to the effect that my position was clearly set out in an earlier letter to Crapquest, and has not changed. I've added any demand for payment is unlawful, and if they persist, I will ask TS to prosecute them under CPUTR. Oh, and since they appear to be either unable or unwilling to comply, they owe me a quid!

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