Forgottenone/Capone CCA/Default

[Guest forgottenone]

Ah, that's why I couldnt reply ... cos the threads were merged. lol Oops!

 

Anyway.

 

Thanks for the info. Things mounted up earlier ... well, you probably know the drill by now. Will look through more thoroughly. And for offer of help with the letter. Oh, yes, definitely. I see legal looking stuff and it literally goes over my head. I get the same thing with pages full of numbers eg overwhelming.

 

It does help to know I am not alone. Immensely. Even though I do lose it everynow and again. Don't mean to. Always been more help to others. Always neglected myself.

 

Thanks again for the info.

[MARTIN3030]

Ok have merged 3 other capone threads with this one and re-titled.

[MARTIN3030]

forgottenone.

 

If their phone calls have this effect on you, you MUST change your phone number. You can write until hell freezes over, THEY WILL NOT STOP, regardless of the law.

 

Change your number, get that pressure off you. You can start to win!!! You can change your luck.

 

Please remember, you are not guilty of anything The banks "stock in trade" is lending money. They take a risk when they do so, in your case they loose out, big deal, they will make their money from someone else. They SOLD you the debt. Make no mistake, they knew what they were doing.

 

Investigate "fractional reserve banking system", when you discover that the money you have borrowed didn't exist, until you borrowed it, it may make you feel less guilty.

 

 

Why should she have to change her Telephone number ?

I would tell them they are in breach of the administration of justices act and again OFT guidelines.

One little trick worth a try is to tell them to wait a minute while you connect your recording device....usually does the trick.

[Guest forgottenone]

Thanks, again. Always knew I should have trained as a doctor or, as someone once suggested out of the blue, an advocate - because I like to fight people's corners, get voices heard that sort of thing - or a solicitor. Then I'd know all this stuff. Well, not a doctor but you see my point?

 

Started to focus a little more now I can see other info ... very good at mentally drafting things, I can write concertos, bestselling novels etc ... I imagine ... when I try to get it out on paper it all goes wrong. But will probably start off with telling them about the breaches and acts. Including the pertinent details. Should I keep it short, not going into detail? Just instructing them they've broken, well, the law basically?

 

So, something like this:

 

I refer to the letter dated 20 June 2008 stating your intention to issue a Default notice with regards to my Capital One Credit Card Agreement as described in clause 4 of the agreement.

 

In response may I draw your attentions to your obligations to me,under the Consumer Credit act 1974.Section 78.

On the dateyou sent I requested that you furnish me with a copy of the original signed agreement for this account,you are required to furnish this within 12 calendar days at which time the alleged debt becomes uncollectable.A further period to take the 12 days to 1 calendar month is then allowed.Failure to comply with this request within that timescale renders any collection as unenforceable without a County Court order.

Furthermore you were advised that this account was in dispute,and as such were required to suspend any attempts to recover alleged debt and/or initiate other accouns on this account either soley or by way of third parties.

These actions breach OFT guidelines on debt collection unfair business practices July 2003 as ammended 2006 specifically;

Physical/psychological harassment2.6

 

h. ignoring and/or disregarding claims that debts have been settled or are

disputed and continuing to make unjustified demands for payment

 

Deceptive and/or unfair methods

2.8

i. failing to investigate and/or provide details as appropriate, when a debt is

queried or disputed, possibly resulting in debtors being wrongly pursued

 

Your ability to hold a consumer credit licence and operate under its conditions appears very questionable

 

Furthermore, following a recent telephone call with your company, I was told that I was in default because I hadn't supplied you with the proof of income.I challenge you to provide me legal frameworks which require me to do so,I am not aware of any responsibility to comply with such a request

 

The facts of this matter are that I have,to the best of my knowledge tried to deal with this in a civil and orderly fashion. I have contacted you on numerous occasions (and have recorded delivery slips and postal order counterfoils to prove this) You are not legally entitled to see that information that you have been requesting from me.You have been issued with financial statements detailing my list of creditors and affordable/disposable income left per month prepared using BBA/MAT guidelines. You can see from those details what I can realistically afford to pay you in the short term. Additionally, I do not have any PPI on my account that I am aware of or which may have been added at a later date without my knowledge that is the ONLY situation I can reasonably see where such information would be requested ie to make a claim whilst in receipt of benefits. I will also point out that you sent another letter asking for same also whilst this account was in dispute. Again, I refer you back to the guidelines when an account is in dispute.

 

 

Clearly, you are using methods intended to induce stress. I don't think anyone of authority would look kindly on such actions against a disabled or person in a vulnerable situation such as myself. All such attempts to reach an amicable agreement between both parties ie an affordable payment rate per month have been breached by you not me. Therefore, I do not now see how you can claim I have made no attempts or acted upon or 'ignored' letters when I have made every effort physically within my remit to come to an arrangement with yourselves. Your actions since have done nothing to help the situation, either. And I am apalled.

 

Also, regarding the level of phone calls, which are causing an immense amount of stress, worry after you've been instructed to remove my number, contact me in writing in future - which I have had regarding this matter, which have been logged. I have already tried to make it clear to you that all future communication between Capital One and myself regarding this account be done in writing only. And requested you have only one point of contact eg my home address. Clearly this request, made under the Data Protection Act also quoting *will need to drag out the letter I actually sent for correct wording here* relevent details from the Protection from Harassment Act ... have completely gone ignored and you have not complied with my request to remove my telephone number from your database. This clearly shows an unwillingness to not only comply but a disregard for how you contact me. And you are also in breach of OFT guidelines but more seriously the Administration of Justices act in these continual attempts to contact me by telephone,in refusing/ignoring this request. I will make it clear that I will not discuss this matter with you over the phone again now or in the future. All future correspondence is to be made in writing only. If I continue to receive phone calls I will make an official complaint to the relevent authorities including the police if necessary under applicable harassment/nuisance phone call laws. And I shall regard any future phone calls, after requesting cessation, as assault and act accordingly.

 

Any future calls will be logged and will be used to form a complaint to the FOS/OFT which also carries a fine to the company concerned.

 

I also do not take kindly to it being inferred in your letter that future job prospects may be made more difficult as a result of my defaulting with my payments. I find this implied threat nothing more than psychological harassment and intended to be intimidating in nature. I may owe money or have a debt but that has no bearing on any, nor should be considered to have, future employment. For example, an employment contract is between myself and an employer certainly not any creditor. Yet, here you are, in your letter claiming it may have an effect on my employment prospects. Precisely what jurisdiction do you have to make such assumptions or even imply them? At the very least such a comment is obviously worded in order to 'frighten' a debtor into paying. And I doubt many would disagree with that. I will refer you to the UNFAIR BUSINESS ACT which states:

 

g. making threatening statements or gestures or taking actions which

suggest harm to debtors

 

*least I think*

 

Until such time as you produce a copy of my true credit agreement I will not correspond with you on this matter and should you then pass my details to a third party or agent on your behalf whilst account is in dispute you will be in clear violation of the Data Protection Act which states you cannot pass my information to anyone else without my permission. If you subsequently then still do this whilst in dispute a complaint will be filed with the relevent authorities, which also carry a substantial fine. I have not given you that permission anywhere and you are in default of my CCA request. Therefore, whilst in dispute, you would be committing an offense processing my data to any third party.

 

*here I will also put something about their intention to send a doorstep collector around*

 

Okay, it's obviously very rough around the edges. Also, for their reference more than anything, should I bother enclosing copies of my prior letters to them? Or just leave it at the letter?

 

 

 

 

 

Got half way through the edits-just to give you some ideas ..........................

Edited June 25, 2008 by MARTIN3030

[Guest forgottenone]

Mmm, seems my paragraphs got a little juxtaposed/mixed up there.

[Guest forgottenone]

Hi, MRSC. Yes, had a few chortles as the thread about phone calls. All I can say is, it felt good voicing how they'd made me feel *plus some other things I won't post in public ... well, in case, they suss etc ... probably have anyway * and just wanted to voice them. It felt good plonking the phone down, after saying it all. Oh, I forgot, they are also contacting me by phone whilst in dispute. Do these Capital One people not know basic things? I certainly don't, not until I came here.

 

If they call again I have something in mind to say to them ... if I am brave enough or might just leave the phone ringing.

 

Oh, yes, will try and look into getting a cheap tape recorder from somewhere. I've got dictaphone but it sounds like Mickey Mouse when you play it back; or some poor mouse that's got mangled in the workings.

[MARTIN3030]

Keep things brief and to the point-more importantly factual that can be proven (the telephone calls and their content sadly cannot )But yes-you are on the right lines.

 

 

I started to rework your letter above-it gives you some ideas.

Edited June 25, 2008 by MARTIN3030

[Guest forgottenone]

Right been whittling away at this just now ...

 

With reference to your letter dated 20 June 2008, detailing your intentions to issue me with a Statement of Default under clause 4 of my agreement citing ‘you have broken your Capital One agreement by going over your credit limit as described in clause 4 of the agreement’.

 

Firstly, let me just say that I am frankly appalled, disappointed that a company such as Capital One has shown a complete disregard to the request I made on *date* to receive a true copy of my credit agreement taken out when this account was originally opened and that you are now committing an offence in breach of Administration of Justices Act and OFT Guidelines whilst an account is in dispute following an s78 request made under the Consumer Credit Act 1974.

 

It deeply concerns me that you are not only blatantly ignoring that request - which I can very easily prove was sent using Royal Mail receipts, proof of purchase for the £1 postal order; the fee applicable for such a request and which you are legally obliged to furnish me with once made - but flouting those regulations by now unlawfully issuing this notice whilst the account is in clear dispute. May I remind you whilst an account is in dispute you may not issue, collect nor pass my details to any third party until you have provided the information requested. I provide the relevant act for your reference below to avoid any confusion:

 

*insert info*

 

Utterly, dismally disappointed that, immediately following receipt of this unlawfully issued Notice of Default you have again resumed numerous phone calls, the frequency of which is now approaching the level of harassment and, at the very least, a nuisance. I will draw your attention to my letter dated *date* where I asked you to make all future contact directly relating to this account in writing only and removal of my telephone number from your system; that you have only one record of contact under the Data Protection Act. This was a reasonable request, which I assumed you would comply with. Seems not. As not only have you unlawfully issued this notice but are still contacting me against OFT guidelines, whilst account is in dispute by letter AND phone!

 

You have caused me an awful lot of distress, compounding other health issues by unlawfully issuing this notice, continuing to make phone calls when specifically requested writing only from the date of the request. You obviously do not wish to comply with my request for writing contact only, continuing to contact me by phone thus I consider this harassment and refer you again to the OFT guidelines on collection by creditors. Simply, you have been asked/instructed to have only one point of contact, that request has gone completely ignored and you show yet another disregard for regulations.

 

Obviously, this clearly shows an unwillingness to not only comply but a disregard for how you contact me. And also causing a much unwanted level of distress at the same time.

 

 

 

As you have been formally instructed to cease contact by phone, I now reserve my rights under common law to consider any future contact by phone as harassment under the Misuse of Telephony Act *as below for their reference* and instruct whichever authority appropriate that I am receiving unwanted phone calls inducing a level of distress as detailed in the Act. This will also involve reporting the matter to the police who will take whatever appropriate action necessary to protect my well being.

 

All calls by Capital One, times have been logged and will form a complaint to FOS and OFT using their guidelines on collection and telephone harassment.

 

If I continue to receive calls following receipt of this letter I will have no choice but to consider it assault intended to cause harm to my person. In which case appropriate action will be taken with whichever appropriate authority exists to prevent this from reoccurring.

 

I am also completely bemused that following a telephone conversation with your company *date* to be informed that I was defaulted because ‘you haven’t supplied us with the proof of income we requested’. Please explain, in laymans terms if possible, precisely how or why this has any bearing on my S78 request to receive a true copy of my original credit agreement but also what relevance it directly has to any subsequent default notice you have issued me with? I don’t see anywhere in the default notice, I doubt anyone else would either, where is states this? Or at any time previously. Fact is, you’ve issued this notice whilst account is in dispute. Therefore, you have issued it unlawfully, breaking OFT guidelines.

 

Back to the matter of ignoring your requests for financial information. What I have done is merely reminded you of what information you are lawfully entitled to request I send to you on two occasions and it is you who has ignored them. Preferring, yet again, to proceed to request the information a second time also whilst the account was placed into dispute following the S78 request.

 

So, I will remind you again as you appear to have ignored those letters. You may not legally entitled to see or request financial information including bank statements, proof of benefit as ‘proof of income’. To clarify further, only a court can request that information and it would seem you are relying upon the fact debtors are not aware of this.

 

You have been issued with financial statements detailing my list of creditors and affordable/disposable income left per month prepared using BBA/MAT guidelines which are a recognised mark when compiling such documents. You can see from those details what I can fairly afford to pay you for the time being. And, as I do not have any PPI on my account that I am aware of or which may have been added at a later date without my knowledge that is the ONLY situation I can reasonably see where such information would be requested ie to make a claim whilst in receipt of benefits. I will also point out that you sent another letter asking for same also whilst this account was in dispute. Again, I refer you back to the guidelines when an account is in dispute.

 

 

I find it incredible you claim I haven’t taken any steps regarding my account when the proof is otherwise. I have recorded delivery slips, receipts and can very easily prove I made all necessary steps to notify you of my situation, made offers of token payment, in fact did everything I should reasonably and responsibly do to contact you so that you would be aware of the situation. You, on the other hand have ignored every single thing I have sent you and demand I contact you instantly, or there will be terrible consequences? Now any reasonable person would find that behaviour thoroughly unfair, definitely one sided.

 

It is also not my position, nor am I paid nor is it my job to notify a company such as yours how to comply with basic requests nor to point out where you appear to be going wrong on OFT guidelines. Seems I am having to point this out, though, regardless and at my time and my expense.

 

You seem thoroughly hellbent, in actuality, to blithely flout all the regulations, forcing me into a situation where I can and can ONLY pay the full amount or contact you by phone. Complete disregard for any financial impunity this may have upon me. As it would clearly, with prejudice place me into a worse financial state of duress. You have been made aware of my circumstances financially so it is unreasonably you continue to make such demands of me when you can physically see from my financial statements what I can physically afford and I am not in a position to pay any more because it simply doesn’t exist yet you want the whole amount or else. I could continue but all such previous letters have gone totally ignored.

 

Clearly, you are using methods intended to induce stress certainly bullying someone who isn’t in a position to pay the whole amount nor make minimum payments. You certainly haven’t been accommodating at all in this situation. I don't think anyone of authority would look kindly on such actions against a disabled or person in a vulnerable situation such as myself. All such attempts to reach an amicable agreement between myself and yourself ie an affordable payment rate per month have been breached by you not me. Therefore, I do not now see how you can claim I have made no attempts or acted upon or 'ignored' letters when I have made every effort physically within my remit to come to an arrangement with yourselves. Your actions since have done nothing to help the situation, either. They have caused an awful amount of pressure and placed pressure on my health, causing me further unnecessary levels of distress.

 

Lastly. I do not take kindly to it being inferred in your letter that future job prospects may be made more difficult as a result of my defaulting with my payments and am frankly disturbed you are issuing correspondence with this included. I find this implied threat nothing more than psychological harassment and intended to be intimidating in nature. I may owe money or have a debt but that has no bearing on any, nor should be considered to have, future employment. For example, an employment contract is between myself and an employer certainly not any creditor. Yet, here you are, in your letter claiming it may have an effect on my employment prospects. Precisely what jurisdiction do you have to make such assumptions or even imply them? At the very least such a comment is obviously worded in order to 'frighten' a debtor into paying. And I doubt many would disagree with that. I will refer you to the UNFAIR BUSINESS ACT which states:

 

g. making threatening statements or gestures or taking actions which

suggest harm to debtors

*least I think*

 

Until such time as you produce a copy of my true credit agreement I will not correspond with you on this matter and should you then pass my details to a third party or agent on your behalf whilst account is in dispute you will be in clear violation of the Data Protection Act which states you cannot pass my information to anyone else without my permission. If you subsequently then still do this whilst in dispute a complaint will be filed with the relevent authorities, which also carry a substantial fine. I have not given you that permission anywhere and you are in default of my CCA request. Therefore, whilst in dispute, you would be committing an offense processing my data to any third party. *will work in the doorstep visit letter here somehow as well*

 

I trust I have now myself clear and that you will now provide the credit agreement. If you do not possess one please clarify this in writing.

 

 

 

If I've misquoted any acts, or any other things I may have got wrong please let me know. Thanks in advance.

[Guest forgottenone]

Hi, Martin. My reply crossed so posted before seeing yours; was busy editing it in Word. I will remove the parts about the telephone call today. And I have a tendency to overwrite.

[MARTIN3030]

oops looks like you have been busy again while I was doing some work on the original.....

 

I dont see any reason why you should not make it ABSOLUTELY clear to them that you WILL be reporting them.

Just think about what they have put you through and whether you think they deserve to have more chances to put things right.

If we do not make a stand against these injustices and clear flouts of their responsibilities,then they will continue to go and do it to someone else.

Edited June 25, 2008 by MARTIN3030

[Guest forgottenone]

Mmm, just looked at it again ... need to definitely tone it down I think. Sometime get overzealous with things like this. Will hack it down again. Will leave it for now as a bit late tonight.

[Guest forgottenone]

Yes, my apologies. I had a moment of almost being myself earlier tonight so started to think about it. Anyway, I will let you work on it. And many many thanks.

[MARTIN3030]

Ok will leave you to digest and digress...I am off for a beer

 

I hope you are feeling a little better than earlier...just try and relax and take some time away from all this-a nice cup of Hot Chocolate at this time does the world of good.

[Guest forgottenone]

Just been checking online with track and trace ... as I remembered I couldn't get confirmation of delivery ... still can't. Will this matter at all? If so, I am beginning to think the request never got to them ... I know you can't always get confirmation if it goes to a PO Box, but did note that for some reason their postcode for the same PO Box address *the usual one they give on statements* changed for just one letter, I must have used that one. I can get confirmation of my previous RD item, on the other postcode but not this one.

 

Got the receipt, though and proof I did send it. Don't think they've cashed the PO, either. Will have to check that again with Royal Mail.

 

The CCA request went here:

 

Capital One Card Services PO Box 5283 Nottingham NG2 3YJ

 

Which is listed online as being *or was* a valid address for Capital One. Their addresses are so confusing and they have several.

 

 

Edited June 26, 2008 by forgottenone

[Guest forgottenone]

Stuck now. Tried track and trace today, again, no confirmation of delivery. Because this may be why I've received this letter now. But for future needs should it go further is it best I just CCA them again so there is a record or rely on my receipt? Which, as it would stand, wouldn't be enough proof I think without confirmation.

 

They've received my other letters before the CCA one ... got confirmation of those at least. This one, though, can't get it.

[Guest forgottenone]

Edited. Just getting fed up of these games creditors play.

Edited June 26, 2008 by forgottenone

[Guest forgottenone]

Right, know it will do no good ... but will send them another letter ... about telephone harassment. A bit stronger this time, I think. Least then I have another record to prove they WERE instructed, totally ignored and now continue to harass me by phone. If this were anyone else eg a member of the public they'd be prosecuted under the Telephony Act. Don't see why Capital One or any DCA/creditor should consider themselves above common law in the UK.

 

Again, will do no good ... but I have a record I have requested it at least.

[Sparkles100]

Tried track and trace today, again, no confirmation of delivery. Because this may be why I've received this letter now. But for future needs should it go further is it best I just CCA them again so there is a record or rely on my receipt? Which, as it would stand, wouldn't be enough proof I think without confirmation.

 

 

Hi Forgotten,

 

Have you done a track and trace before? Just wanting to make sure you know how, I track and traced today and the CCA was delivered and I have a screen shot from Royal Mail as proof. Site says an electronic receipt should be available in the next few days.

 

At least I know it got there.

 

If you want, PM me with the delivery number and I will chack for you?

 

Sparkles

[Guest forgottenone]

Thanks. Yes, I'm a veteran. Of technology. Even got letters after my name saying I am ... what good those do, though. Probably don't give that impression half the time, though. Just how I feel right now gets in the way of what I know I've got to say. Tried track and trace ... again ... got redirected to an operator for some reason to confirm receipt ... waited ages, mounting up phone bill so just hung up.

 

Was 15 May it was sent ... read on CAG there was a problem apparently with the company they contract to supplying the handheld readers for RD ... It's a silly service if you ask me. You are paying for a signed for service yet delivery or confirmation isn't 100% guaranteed. So, what exactly do we as customer pay for?

 

I can still PM you though that info you like?

Edited June 26, 2008 by forgottenone

[Sparkles100]

I can still PM you though that info you like?

 

The mail reference number?

 

I wouldn't mind if you want me to, I was just offering to try and double check for you. if you are confident, then no need.

 

Sparkles

[Guest forgottenone]

Well, not I don't appreciate the offer ... just using online and calling them ... reveals no trace. So, now I am worried over whether I should just resend. One other thing ... before now my post office has been slipshod over how they handle receipts and, least one occasion, I was given the wrong stub eg two had got stuck together and was given the bottom or top one which gave me the incorrect reference yet was still stamped. Fortunately, I spotted it before they gave it to me. That time.

 

Don't know what's happened here. I will try RM again tomorrow ... but if it has gone missing somewhere or I was given the wrong RD slip by mistake over the counter ... then if I never did or don't CCA them now ... well, you can see the problem?

 

If there are any other ways to get receipt you know I am open to suggestions. But it looks like I was either given the wrong stub or it never got to them. I know it doesn't always show because PO boxes are delivered, signed for in batches at the RM office ... then get passed to the companies concerned ... or so RM has told me before.

 

What I don't want to do now is send them that letter ... because without that proof of delivery ... it won't really make a scrap of difference if I say I sent it and they claim otherwise. It's a hard one.

[Sparkles100]

Hi,

 

Send it by DHL next day special delivery (or other courier). Will cost more, but you should be able to get proof of delivery.

 

Sparkles!

[Guest forgottenone]

Foud another track and trace site didn't exist with RM ....

 

http://track.postoffice.co.uk/portal/po/track?catId=20700386

 

Allows you to enter the date sent as well. Tried it out ... give a more detailed report on the status than the other RM track/trace which is:

 

The system is currently unable to confirm the status of your item with reference.

 

Hmm. Do you think I should just, to be on the safe side and to be certain the account is in dispute before they go ahead with their threat ... cos looks like its not currently, given can't get proof or confirmation ... send it again but to the other post code? Really worried now that if I don't ... got very excited about the letter ... then realized I hadn't had confirmation yet.

[Sparkles100]

Both sites say unable to confirm delivery?

[Guest forgottenone]

Yep.