Capital 1 Debt Defaulted, CCCS not helping

[citizenB]

SOrry to hear you are feeling down Sparkles. All you can do is keep plodding along, as the others have said. They are the ones that will look unreasonable should it go any further.

[jumpjet]

Hi Sparkles,

 

How did it go today with your friend of a friend?

Any advice for us?

[Sparkles100]

Hi All,

 

Just a quickupdate:

 

I received a threatening letter 3 days ago from Debitarse. They claimed that I had made no effort to service the debt or telephone them.

 

I sent a short letter ysterday:

 

I would like to point out a number of things to you.

 

1) I have been making payments on this account under a debt management plan through CCCS. Your comment that I “have failed to take any action to deal with the debt or call you” is not true.

 

2) I have requested on three occasions (two letters dated ....... and one dated ........., that all correspondence regarding this account be made in writing. I fail to comprehend why you are insisting on conducting business on the telephone. If you have anything to say in relation to this account, the professional approach would be to make these in writing. For the fourth time, please stop ringing me at unsociable times, or writing ordering me to ring you and take note that I am again requesting that all correspondence be made to me in writing.

 

3) Please refer to my letter dated ....., where I have made your company aware that I find your behaviour in regard to this account totally unacceptable and have requested that this harassment stop immediately.

 

4) In my letter to you dated ......., I made you aware of OFT guidelines relating to continued collection activity whilst investigating a reasonably queried or disputed debt. I made you aware that I was formally making a complaint and requested a copy of your complaint resolution procedure. You have chosen to ignore my letters.

 

5) I have acted in good faith throughout this process. I have a debt management plan in place and am making regular payments that I can afford. You already know this and yet you are continuing to harass me for payments that I am unable to make.

 

Please take notice that I will be contacting Trading Standards, The Financial Ombudsmen Service, The Office of Fair Trading, my local MP and OFCOM if this situation is not resolved. You have 7 days to respond detailing how you will address this situation to my satisfaction.

 

Yours Sincerely,

 

 

Funnily enough I havn't had a phone call from Debitas for a few days. Instead they have written to me demanding that I ring them and that this is my last chance...

 

Sparkles

[Sparkles100]

I received a letter from another creditor in reply to the SAR letter:

"The information that you requested has now been ordered. Once these documents are ready they will be sent to you. If you have not received them in the next two weeks then please get in touch.

In relation to your request for information about any manual intervention on your account. As we are not required to record this information I am afraid I am unable to assist you further on this matter.

Sincerely,"

Can anyone advise if this is true?

Also seeing as the 12+2 days is up tomorrow, does this letter count as providing a response?

Thank you all,

Sparkles

[Alphageek]

If they record any manual intervention in a relevant filing system then they have to provide you with a copy of the notes or whatever their intervention was as part of the SAR.

 

To be honest, I think it's best if they say there was no manual intervention. It helps you prove their charges are excessive bing as though they are completely automated.

 

The letter does NOT count as a response to your request for copy docs.

[babybear39]

SAR response is 40 working days.

[Sparkles100]

Many thanksguys. Much appreciated.

 

Sparkles;)

[Sparkles100]

Hi Guys,

I was talking to a friend of a friend yesterday and they had a few comments to make...

1) if you have been paid money by a bank, made use of the money and then made payments to service the debt, it is unlikely that if the creditor cannot provide a copy of the original agreement that this would stand up in court.

They are basically saying that as I have been paying off the debts, and that my ex made use of the money originally that that constitutes and agreement and a DCA would be fairly likely to pursue.

I have not been provided with the original agreement, 12+2 is up tomorrow, but I am worried about stopping making payments after this advice.

Any comments would be very gratefully received,

Sparkles

[babybear39]

Hi Sparkles, as you're in a DMP, CCCS are not likely to withold payment due to no CCA anyway. Is the ammount very much? In order not to fluster CCCS, personally I'd continue paying while waiting for the further calendar month to expire, then make a complaint straight away to Trading Standards and the OFT for breach of the Unfair Commercial Practices Directive and the CPUTR 2008.

[Sparkles100]

Hi Guys,

 

I was talking to a friend of a friend yesterday and they had a few comments to make...

 

1) if you have been paid money by a bank, made use of the money and then made payments to service the debt, it is unlikely that if the creditor cannot provide a copy of the original agreement that this would stand up in court.

 

They are basically saying that as I have been paying off the debts, and that my ex made use of the money originally that that constitutes and agreement and a DCA would be fairly likely to pursue.

 

I have not been provided with the original agreement, 12+2 is up tomorrow, but I am worried about stopping making payments after this advice.

 

Any comments would be very gratefully received,

 

Sparkles

 

Hi,

 

Any other comments?

 

Sparkles

[jumpjet]

Hi sparkles,

I suppose the best comment I could make to this is by example!

 

i have just heard from solicitors aking for CL finance in my other thread that they are dropping ththe case due for hearing 2 weeks time. They are dropping it and I quote " we have been in tough with the bank and it is true what you say that the account has been assigned for the wrong account number."

 

Now, this account is worth 3.5K to them. If they thought they had a hope in hell of geting a result at court the would have continued. All this has been going on since last december and I have been making payments to them via the cccs every month.

 

Another one was Cabot! They had no agreement...they wrangled for months....they went quite and then we had a letter out of the blue which said "We have taken an executive deicsion to wipe of the debt and we will not be passing it on to another company" this too was for £3200.

 

Again we had been paying them via dmp, After many months after CCA I wrote to them and said that they had no right to have been taking money on this account as it was in dispute and as they obviously did'nt have an agreement it was time they informed the cccs that they no longer wish to recieve payments, eventually they did. There are few others now that I am ready to use this ploy with and if that gets no response, I am now geting to the position where I can dump the DMP and pay only the ones who have agreements. ( Or at least thats the plan).

 

Its not just about the legal or moral duty to pay, but also about the tactics they have used. Your letters of complaint over time build up to a serious proof of thier breaches of the law and as such even if they think they can win at court, it is highly likely that they wont let it get that far because their actions would be proved to be unlawful. In admiting this they risk loosing thier licence to trade and wont risk it.

 

These methods do work and there are loads of people who have succeeded in at least getting some power back...and you will too! It just takes a long time!

 

Scampjet.

[Sparkles100]

Hi Scampjet,

 

Thank you for the last message, it is really helpful to get this support, I can't thank you all enough.

 

Just a quick update.

 

I received a letter from Crap One today:-

 

TERMS OF YOUR CAPITAL ONE CREDIT CARD AGREEMENT

 

Thank you for your recent request. Please see overleaf for the current terms of your agreement with us.

 

For the rest of your terms and conditions, please see the enclosed leaflet (there was no leaflet!!)

 

If you have any further queries about the acount (you bet I do!!) please call our Customer Services Department on the number below (I don't think so!).

 

Yours sincerely,

 

Blah Blah

 

On the back is the current terms and conditions.

 

Interestingly on the back it states in the small print: 'The Credit Consumer Act 1974 lays down certain requirements for your protection which should have been complied with when this agreement was made. If they were not then we cannot enforce this agreement without getting a court order"

 

Obviously this is not the original agreement. So...what should I do next?

 

The 12+2 days was up yesterday.

 

Any suggestions please???

 

Sparkles

[maroondevo52]

Hi,

 

Wait a further 30 Calendar Days, they have that time to come up with it.

 

 

Regards.

 

Scott.

[havinastella]

Hi Sparkles,

 

Comment 1, your 'Friend' has NO idea, NO CCA, No Money.

 

IMO you are looking to far into this, I know it seems hard at times but it really is as simple as comment one, NO CCA, NO MONEY.

 

I would do as BB suggested, wait the full month and then stop paying them. If they try to collect after that time, hit them with everything you have, Trading Standards, OFT, FO, etc.

 

JOgs

[Sparkles100]

Thanks guys, much appreciated.

 

Can anyone point me in the right direction regarding the 12+2 nd 30 calandar day rules. Is this in the Consumer Credit Act somewhere. I need some peace of mind, or it will be another nervous 30 days...

 

Sparkles

[jumpjet]

Hi sparkles,

 

I'm often is as unsure as you about acting on the of advice of CAG .........but if you follow and digest what is said and then read of all the people in similar circumstances, you realise that the outcome for them has been successful and there is no reason to assume that it won't be for you!

I would never have believed it was possible to fight these people, but slowly and surely I am gaining control again. As I said before, if you always look at the concensus of opinions and scenarios, you will be able to pick through which is the best solution for you.........it really does work!

And theres no better feeling than when you get your "little victories" .

 

Stick with it and you'll find the same! I don't know how much pressure is being put on you at the moment but if you have reached the 12+2 days stage, with any luck, things may start to get a bit quieter for a while now

[babybear39]

Hi Sparkles,

 

Just call CCCS or nationaldebtline on Monday morning and they will confirm the timescales for you:

 

CCCS - Free Debt Advice from the UK's Leading Debt Charity

 

National Debtline, for FREE CONFIDENTIAL and INDEPENDENT ADVICE call 0808 808 4000

[Sparkles100]

Hi Everyone,

 

Thanks again for all the help and support. I thought I had better check that the document they sent is unenforceable as I would like to reply to them about it.

 

Cap1 credit agreement 1.pdf

 

Could someone take a look and let me know what I should do now?

 

PS there was no leaflet enclosed! They are useless....

 

Sparkles

[creditcardmug]

These are the prescribed terms of a current agreement, not your agreement, it doesnt have you signature, and therefore has no relevance at all IMHO

[Sparkles100]

These are the prescribed terms of a current agreement, not your agreement, it doesnt have you signature, and therefore has no relevance at all IMHO

 

Thanks CCM, I agree totally.

 

I have been reading a lot of threads and HAvinastella documents responses to all the nonsense letters. I think that if this is to go to court eventually I should keep an audit of replying to them.

 

What do you think?

[babybear39]

Golden rule number one: KEEP A RECORD OF EVERYTHING

[Sparkles100]

Golden rule number one: KEEP A RECORD OF EVERYTHING

 

Hi BB,

 

Thanks for the reply. I am recording EVERYTHING...it is so timeconsuming but I am keeping with it.

 

I am planning to write to them and tell them that this is not an original agreement etc...will post the letter later I hope and just let them know that they have another ????? days before they are committing an offence.

 

Is there anything else I should be doing at this stage?

 

Sparkles

[Sparkles100]

Should I be writing a LBA and getting prepared for Court?

 

Help...

[babybear39]

Once they exceed the further calendar month report them to TS and OFT for breach of OFT guidlines and the CPUTR 2008. You don't have to wait for them to contact you and you really shouldn't be telling them their job as they know it TS may take a little remindig though as the CPUTR is fairly new