Are CapitalOne really this stupid?

[ODC]

Seems like CAPONE do not realise their obligations in relation to a CCA request

[ODC]

Letter putting the account in dispute should be the standard reply..

Like this epistle from the pen of Curlyben

 

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

[ODC]

I can just imagine some disgruntled person on their correspondance team sending the same letter to everyone, whatever their query might be... surely not???

Just as they look at their p45. Still next month all the letter will have a Mumbai postmark

[ODC]

Time to report these cretins to the FOS

[ODC]

I must admit, I'm not a fan of the foreign call centres for the simple reason that they (the staff) often have a very grasp of English, are hard to understand and often know nothing about UK laws, customs and rights.

Funny enough I have found that even most UK based staff have a poor grasp of English and know nothing about the law or consumers rights:D

[ODC]

I received a classic capone letter later today, having probs with photobucket so cannot post at the mo but it went as follows:

 

... Thank you for contacting us about your account.

 

Unfortunately I couldn't look into this because you didn't sign your letter. So that I can do this for you, please write to me again at... etc etc

 

Or I can call and once I have gone through a security check one of their 'Specialist Account Managers' will answer my query immidiately.

 

I can only guess this is a response to my 'doorstep caller' letter and they have forgotten what they were calling themselves that day.

They must be very keen to get your signature

[ODC]

Hi Zazen worrier mine has been passed on to NCO i am fighting battle with them now:mad: just had a calling card they comming to visit me tuesday

That will be the ubiquitous Mr P Brown who claims to visit thousands of people in the UK every Tuesday. Like a lot of things he is a figment of NCOs imagination.

[ODC]

He really needs to change his name to Mr P Ointless or Mr P Rick

[ODC]

Curiously H L Legal have the same address as Capquest.

 

HL Legal here they are rent-a-threat

Bit like Lowells and Hampton Legal or LCS and 1st Credit or Robinson Way and Horwich Farrelly or Fredrickson International and Bryan Carter:lol:

[ODC]

Lets make up a company and we could all send scary letters to DCAs. Imagine the fun if we sent Crapquest one from HL or if we sent them to the Crapquest directors at their home addresses. Well worth 75p of anyones money

[ODC]

Worst Credit

Liars Cheats and Shysters

Clownells

Robbinsum Way

Ruthless

Wink Financial

Try and Barter Solicitors

Fred Flintstone International

Duck Hall

Snot Call

Meritfarce

Eastcot

Morecrap

Crapquest

Capbot

CON no-one

BJ Recovery

No Power to CONtact

Crap One

[ODC]

A lot of IFs and Maybes in Crapquests letter.

 

What they should have said is ''In the highly unlikely event of us obtaining from Capone an Enforceable Consumer Credit Agreement with which we can take you to Court then XYZ may happen.''

 

 

A rough translation of what they sent is.

 

We are stuffed we know we are stuffed but if we mention legal sounding terms like Balliffs and walking possession orders and seizure of goods then you might be foolish enough to ring our telephone threat monkeys and they will bully you into paying this UNENFORCEABLE debt.

[ODC]

They really shoot themselves in the foot by asking for your Driving Licence etc. If they are not sure of your identity then they are in clear breach of the Data Protection Act by discussing financial details with someone whose identity thay are not sure of. Therefore it follows that they should cease forthwith.

[ODC]

Looks to me like that complaints proceedure was just type up in a few minutes by someone in the office.

DCA's dont have proper compliants proceedures - they only have a "pay up now" department

Dont forget Moorcraps Pre Court Division and Worst Crudits Pre Statutory Demand Department.

 

 

Quality and Assurance are not two words one would normally use in a conversation about DCAs.

[ODC]

Here's how stupid Capital One are - ring them from a new number but do not enter your account number or talk to anyone... Result: Endless call-backs from their National Lottery Dialling Machine

 

On a related note, same person has had 30 silent calls out of 35 in the last week.

 

Ring them from every public telephone you pass. That should confuse them

[ODC]

 

 

And so we bid farewell to Capquest.

 

Any ideas which menacing outline might appear on the horizon next?

Probably you will hear from Lowells or Muck Hall

[ODC]

''............NCO Europe.......................prides itself on the very highest levels of service afforded to all clients, customers and all third parties''

 

 

Who are they trying to kid.

[ODC]

Just another silly game by these cretins. The ubiquitous Mr P Edwards like the imaginary Mr P Green and Mr P Brown must be able to travel at the speed of light to visit all the addresses they send these stupid postcards out to. Its nothing but a childish ploy to get you to call their threat centre so as their telephone threat monkeys can bully you/ File it for use in a future complaint. Actually I would be surprised id a Mr F Bobble does not ring them up sometime

[ODC]

"Miss S Sangar" -

She may well be a Sangar Banger:eek:

[ODC]

So Mr P Edwards is as real as Lowells imaginary 'Licensed Field Agents'. Maybe he should change his name to Mr P Hantom or Mr P Rick-head

[ODC]

Dear Ellie

 

Thank you for your pathetic letter following your supposed Final Response. I am surprised that I need remind you that what you sent in no way complies with my CCA request. I suggest you study S60. 61 and 127 of the CCA 1974 before youu send me any more pointless post Final response letters.

 

yours etc

[ODC]

Send this to CApone.

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY OR ANY COMPANY YOU CLAIM TO REPRESENT

 

Dear Cretins

 

Re: Account no: xxxxxxxx

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77(6) will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

[ODC]

My feeling these days is, very much, to write to them once, state your position and then totally ignore them (esp Crap One) unless or until they take you to court.

 

You'll get all the help you need here if that happens which I feel is unlikely.

 

I agree. Whats the point of continuous conversations with idiots. Make your position clear and call their bluff.

[ODC]

Why bother corresponing with the idiots. You have made yourself clear. They know what they have sent is useless. Our poor posties are busy enough without having to deliver more junk mail to and from these cretins.

[ODC]

Seems strange that the Leeds losers should have an ''Assignment Letter'' from CAPONE when CAPONE sold the debt to Crapquest