Forgottenone/Capone CCA/Default

[Guest forgottenone]

Hello. I was keeping a record of their calls, along with all other creditors. I don't and haven't been answering them, however. Purely because there is nothing to discuss on the phone and because I've already instructed them not to. So, to avoid getting into the inevitable discussions ... not answered. There is now a block on my phone line as per my letter above. I read somewhere else this week on another source about dealing with these tactics from DCA's creditors ... and apparently this is okay for me to do this ... eg when it becomes apparent they've ignored your request to stop. Had to do it, or ... well, I don't want to be in hospital again.

[Guest forgottenone]

Oh, sorry, yes, they were calling twice a day ... up to three before I blocked them. Oddly, those times seemed to coincide straight after I posted here ... may have been pure random coincidence.

[steven4064]

The reason for asking is that they are actually committing a criminal offence - a possibhle route is to get the directors charged under the Protection from Harassment Act 1997 (ss1&2) and the Communications Act 2003 (s127) backed up by the Administration of Justice Act 1970 (s40). I have posted a thread about it in this forum http://www.consumeractiongroup.co.uk/forum/capital-one/152151-volunteer-wanted.html

[Guest forgottenone]

Yes, saw that, but couldn't reply on it then had to dash out. Back now. I agree entirely about the criminal offense thing. Had witheld numbers today and yesterday ... can't be certain it's a creditor but obviously they don't want me to knoe who is calling. Four so far. Logged them, anyway. I'd be willing, but compared to some I may not have had enough calls eg dozens a day.

[Guest forgottenone]

The situation currently with Capital One is:

 

Produced an application form which was also forged. Application form confirmed being unenforceable on CAG, but also not what I requested. This is presently being queried eg account in dispute but also the different handwriting, amongst other things. Will shortly, on the advice on someone on CAG, be writing to their customer complaints department.

 

So, until they provide what was requested, still in dispute/default. Ongoing.

[steven4064]

I'd be willing, but compared to some I may not have had enough calls eg dozens a day.

Two or 3 a day where you answered over a period of time would be enough IMHO

[Guest forgottenone]

Right this is the situation here ... right now with Capital One. Healthwise I am detiorating very rapidly ... this week received some potentially devastating news in that direction ... and pretty soonish I am not going to be able to deal, handle or even begin to deal with any DCA's or any creditors. You could say things are worse than bad. So, trying to cope with detiorating health, consequences of previous events is enough really to be contending with. And the fact, if what the outcome of hospital this week is verified ... I may not even be around much longer regardless anyway.

 

Received this from Capital One today ...

 

 

As threads have been merged I will update the situation as follows:

 

1 1st request CCA May; no reply for over a month; gained verbal confirmation from Royal Mail July it was untraceable; postal order remained uncashed

 

2 Left with no choice, as obviously I needed the confirmation as proof they had received it - and to produce later should I need to etc - had to CCA them again

 

3 Received an application form, with forged handwriting

 

4 Wrote explaining this, but also that I didn't recognise the handwriting

 

5 Now received this template letter ... doesn't address any of the issues I raised

 

6 Really have not a clue where or what to do from here. So am looking to more help. The reason I don't have a clue is because I am trying to fight against ill health, also deal with a disability that is destroying me mentally and physically every second of every day. And no one can stop it. And now facing another disaster ... keeps on coming ... never stops ... with whatever comes next after this week ... determining how long I have left to live. Sorry, I know how that sounds but this is what I am coping with right now and have been for over 2 months.

[Guest forgottenone]

Well anyway ... another member is having exact same trouble as myself ... except in my case they've entered my date of birth, handwriting ... is forged, and is not mine. Also the rest of the 'form' they've sent is dodgy looking as well. Found this letter on the other thread and would it be applicable to my own situation?

 

Account in serious dispute

 

Dear Sirs,

 

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

 

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. Furthermore, the signature on the document doesn’t appear to be genuine and may have been forged in an attempt to mislead me into believing that the agreement is legally enforceable. I hope that you take this matter seriously and fully investigate my complaint as matters arising from such actions would be viewed has criminal.

.

I shall also be considering contacting my MP and all regulatory bodies over your conduct.

 

I except a response within 14 days

 

If I can avoid doing so, even though within my rights to ... I want to avoid words like 'reporting the matter to the police'. And TBH Capital One - as the above letter indicates where it says you are welcome to report this to the FOS but we will still pursue the debt anyway ... don't need to say just shows the contempt for regulations Capital One has. It will just provoke a kneejerk reaction; perhaps.

[Guest forgottenone]

Anyone?

[steven4064]

If you are not happy with the wording, just tone it down a bit - just keep thae "as you must realise..." sentence as is.

[Guest forgottenone]

Okay, thanks. Very hard to think properly lately.

[Guest forgottenone]

Okay, getting really mixed up. Been looking around CAG for anything applicable to this situation ... for reference etc ... came across this as it's the same template reply for the same application form aka 'CCA' ...

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/150236-capital-one.html?highlight=capital+one

 

Just I'm reading a lot about ignoring some letters, but not others ... on lots of other similar threads about Capital One agreements. I know this isn't enforceable for example ... so should I 'ignore' at this stage ... as just getting template letters - that letter sent to me isn't even relevent anyway as the account is already 'closed' defaulted *in as much as the default notice itself was dodgy itself* passed to Debitas ... and refers to adverse credit etc ... if payments aren't made ... so much for Capital One keeping on top of correspondence then - and simply wait for the next stage?

 

Looks like I will be trading template letters for example right now. Just getting really confused as what to do next more than anything. Probably not making much sense right now ... trust me .. it's even worse ... for me to try and make sense of anything, let alone put it into words ... just a losing battle it seems. Things just won't function properly anymore it seems. Just really terrifying TBH. Losing sense of things like this.

 

I will send the letter I pasted above but does anything else need to go into it ... or is that okay as it is? What I mean is ... from reading Havinastella's thread ... there's a lot about mailer applications - which this would have been at the time - and photocopies, also where the terms and conditions were eg on the back ... or on separate sheets. Whether I just leave all that stuff out or what?

[steven4064]

I know it is odd, and I may have explained it on this thread before (if so, apologies) but sending an agreement that complies with s78 and sending an agreement that is enforceable are in no way related!

 

For s78 compliance they can send a 'reconstituted' agreement with no signature and T&Cs from a different century.

 

To be enforceable, they must send at least a document (in whatever form) that contains your signature and the prescribed terms - this may be an appliaction form with the prescirberd terms on the back (although they must prove that the prescribed terms are the ones you signed up to). In court, they must produce an original of such a document not a copy.