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    • Ok how about this to the CEO? I know it sounds super desperate but lets call a spade a spade here, I am super desperate: Dear Sir, On 29th November 2023 I took out a loan of £5000 with you. Unfortunately very early into 2024 I found myself in financial difficulty (unexpected bills and two episodes of sickness and the tax office getting my tax code wrong resulting in less pay for two months) and I contacted you (MCB) on 13th February 2024 asking if there was any way I could extend the length of my loan to 36 months. I fully explained why I was requesting this and asked for your help. I did not receive a reply to that email so I again contacted you on 7th March 2024 to advise you of a change in my circumstances which resulted in me having to take out a DMP and asking you to confirm that the direct debit had been cancelled. You would have also received confirmation of this DMP from StepChange but you did not acknowledge receipt of my email. I have only managed to make one payment from my loan but did try and contact MCB to discuss extending my loan, help etc.  I have now therefore fallen behind on several of my debts, yours included, and as a result you have lodged a Cifas marker against my name for "evasion of payment", which has resulted in me having to change banks, which has been an extremely difficult process because of the Cifas marker. I do not feel you have been fair or given me the opportunity to fully explain my situation to you before you lodged the marker against my name. I appreciate it is a business and you have acted accordingly, but I did try to make contact to arrange alternative arrangements and at no point, not even to this day, did I ever intend to not repay my loan. I cannot stress to you enough how much this has affected my mental health. I am having trouble sleeping and my existing health condition has been exacerbated by all of this. What I would like you to do is to please, please remove the Cifas marker and let me make arrangements to pay the loan back through a DMP.  Please sir, I am begging for your help here. I am not a dishonest person and I have never been in a situation like this before. I am desperately trying to make things right but this marker is killing me. Please can you help me? I look forward to hearing from you. Yours faithfully,
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Elsinore v Capital One **WON**


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Capquest, demanding balance of £57 on pain of court action, bankruptcy, arrest, imprisonment, death and worse, told to take a running jump.

 

:lol: Did you get it hand delivered by a courier as well from Capquest, seems to be how they usually work?!

 

Great stuff :)

Please note that I am not a legal expert and all advice given is without prejudice and is purely my opinion only.

 

** Nationwide - £1821.15-PAID IN FULL - Aug 06 **

** Halifax Mortgage -£390 - PAID IN FULL - Nov 06 **

Lloyds TSB - MCOL issued 09/03/07 - £2953 + costs - ON HOLD....

 

 

 

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Did you get it hand delivered by a courier as well from Capquest, seems to be how they usually work?!

 

 

No, it came snailmail in the usual perfumed envelope!!:)

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Letter sent to Capquest on Monday

 

Capquest Debt Recovery Ltd

 

Fleet27

Rye Close

Fleet Hampshire

GU51 2QQ

 

Dear Sirs

Re: Capital One Bank Ltd

 

 

Your letter dated 30th June 2006, was received by me on Friday 7th July 2006. This means that it was impossible for me to comply with your request to contact you by 6th July 2006!

 

Please note that I do not acknowledge any debt to your company.

 

I now require you to supply me with the following:-

 

  • A true copy of any alleged agreement between me and Capital One Bank Ltd. You are obliged to supply a copy of any such agreement under the legislation contained within s.78(1) Consumer Credit Act 1974 (s.77(1) for fixed sum credit).
  • A detailed statement of account showing a complete list of transactions and charges relating to the alleged debt since inception of the alleged agreement. This includes the term prior to your acquisition of the alleged debt. You are obliged to supply this information under the same legislation noted above.
  • A signed true copy of any deed of assignment relating to the above alleged agreement. You are notified that you are obliged to supply this document, whether you are the original creditor or not, under s.189 of the Consumer Credit Act.

The statutory fee for the provision of the above information is £1 for which I enclose a postal order.

 

As you will be aware, any credit agreement, which is not properly documented and signed by the customer, is totally unenforceable under the Consumer Credit Act and is therefore a complete defence to any court claim issued. Any legal action you may contemplate will be vigorously defended and contested.

 

You have until 28th July 2006 to comply with the above requirements, failing which you will be in default. Furthermore, if you have failed to respond fully after one month you will have committed an offence and will be reported to Trading Standards and The Financial Services Authority.

 

Finally, your letter dated 30th June 2006 was inaccurate, intimidatory, offensive and lacking in both grammar and syntax.

 

Yours faithfully

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Good stuff Els, stick it to em :)

reload vs Lloyds - £2703.11 Settlement Reached 14/07/06.

reload vs Lloyds Round 2 - Prelim sent 27/03/07. £435 owed.

reload vs Capital One - £456.57 Settlement Reached 14/07/06.

reload's mum vs Barclays - £745 owed. £375 partial settlement reached 17/10/06.

Lloyds Bank - The Template Response Letters!

 

Advice & opinions of reload are offered informally, without prejudice and without liability. Please use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

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Polite reply received today from Capquest. Account on hold for 28 days while they obtain info requested. Asked me to forward any proof of payments or correspondence that would assist them with my query!! Cheek!!

 

Elsinore

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  • 4 weeks later...
  • 3 weeks later...

Acknowledgement received from Cap1:-

 

Dear Elsinore,

 

Thank you for writing to us about the fees we've added to your account.

 

It's going to take us a little while to look into your situation and come back with a detailed response. We'll do everything we can to get an answer to you within four weeks of this letter.

 

If for some reason our investigations take longer than four weeks we'll contact you again to tell you why this is.

 

Thank you very much for being patient while we collect the information we need.

 

Love

Robert Udy

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lol - I'm guessing they're basing the 4 weeks on the established letter - two weeks - letter - two weeks proceedure we run here ;)

reload vs Lloyds - £2703.11 Settlement Reached 14/07/06.

reload vs Lloyds Round 2 - Prelim sent 27/03/07. £435 owed.

reload vs Capital One - £456.57 Settlement Reached 14/07/06.

reload's mum vs Barclays - £745 owed. £375 partial settlement reached 17/10/06.

Lloyds Bank - The Template Response Letters!

 

Advice & opinions of reload are offered informally, without prejudice and without liability. Please use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

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They just don't get it, reload, do they. They no longer set the agenda, but they still think they do. Or they do get it, but they don't know any other way to deal with it!

I actually feel a bit sorry for the foot soldiers, expected to carry out the orders of the bumbling generals.

 

Elsinore

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Offer received today for difference between £20 and £12, total amount offered £185.00 Also refusal to remove default.

Sending reply accepting offer as partial settlement only and confirming continued action.

 

Elsinore

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Sent today:

 

Capital One Bank (Europe) plc

P O Box 5283

Nottingham

NG2 3YG

 

12th September 2006

 

Dear Sir,

 

Your Ref XXXXX

Account No XXXXX

 

I have today received your letter dated 7th September 2006 proposing a refund of charges totalling £185.

 

Your offer is accepted only as partial settlement of my claimed amount of £615.05.

 

You should by now have received my Letter Before Action dated 11th September 2006. The requests contained in that letter hold good and I confirm that you have until 27th September 2006 to reconsider your decision.

 

Furthermore I do not accept your refusal to remove the default placed with the Credit Reference Agencies. Without the application of your unlawful charges the default would not have occurred. The claim which I shall enter into the County Court will, therefore, call for removal of that default.

 

Finally, the crediting of the above account with refunds over and above the sum of £58.93 is unacceptable. The sum of £559.12 should be remitted to me by cheque.

 

You are reminded that, once the claim reaches court, it will be attracting interest as well as costs, inevitably increasing the sum due to me and liable to yourselves.

 

Yours faithfully

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  • 2 weeks later...

Received this today (words in bold are as their letter):-

 

Dear Elsinore,

 

I am writing to advise you that your account is no longer being managed by the Debt Collection Agency who were acting on behalf of capital One.

 

Your account has now been returned to Capital One. It is important that you continue to make payments to your account. Payments should be made directly to Capital One unless otherwise notified. You can make payments directly to us by the following methods:-

 

(list of methods)

 

If your account is being managed by an authorised third party (e.g. relative, Debt Management Company) please ensure that you update them with this information and show them this letter.

 

If you have any other queries please call our Specialist Account Managers on 0800 422 0263.

 

We are open 9am to 7pm Monday to Friday, Saturday and Sunday 9am to 1pm.

 

Yours sincerely,

Greg Pye

Vice President, UK Risk Operations.

 

It's not particularly important, except that it rids me of Capquest.

But something about it smacks of compliance.

Anyone else had a similar letter?

 

Elsinore

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  • 2 weeks later...

Good stuff :)

reload vs Lloyds - £2703.11 Settlement Reached 14/07/06.

reload vs Lloyds Round 2 - Prelim sent 27/03/07. £435 owed.

reload vs Capital One - £456.57 Settlement Reached 14/07/06.

reload's mum vs Barclays - £745 owed. £375 partial settlement reached 17/10/06.

Lloyds Bank - The Template Response Letters!

 

Advice & opinions of reload are offered informally, without prejudice and without liability. Please use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

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  • 3 weeks later...

Yes, but it will be a hollow victory. If they discover their mistake they will apply for a setaside, with some lame excuse. They would probably get it, but it would help them if I don't object. However, they will have to agree to pay up for me to not object!:)

 

Anyway, they'll probably slide an acknowledgement under the door at the last minute.

 

Elsinore

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Two letters received on Wednesday:-

 

1. Notification from court that Cap 1 have acknowledged and intend to defend claim in full

2. Letter from Cap 1 offering full amount of £821.47 without admssion of liability

 

Acceptance letter signed and sent yesterday (Wednesday):D

 

As soon as cheque is banked I will

1. notify court

2. notify mods

3. make a donation (with the greatest of pleasure!)

 

Elsinore

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