Forgottenone/Capone CCA/Default

[MARTIN3030]

Actually, thinking about this more, should I be considering filing a complaint with OFT/FOS as they've failed to comply with a legal request to supply a CCA yet still are defaulting me whilst it is clear the debt is in dispute? Surely, that alone, is breaking some guideline somewhere? If I did file a complaint with one of the known bodies, should I just stick to this issue or include all correspondece I've sent Capital One, copies of their replies?

 

At the very least I know they aren't towing the line with guideliness issuing me this default whilst in dispute. Been mentally drafting a letter to OFT etc if I need to now do that.

 

 

Yes there are a number of breaches-not only under the consumer credit act-but also under the OFT guidelines on debt collection.

[MARTIN3030]

here are some of those points for you to look over.

 

 

2 UNFAIR BUSINESS PRACTICES

2.e. failing to provide debtors or creditors with information on status

of debts, for example, not providing requested balance statements when

reasonably requested

 

Physical/psychological harassment2.6

c. using more than one debt collection business at the same time

resulting in repetitive and/or frequent contact by different parties

d. not ensuring that an adequate history of the debt is passed on as

appropriate resulting in repetitive and/or frequent contact by different

parties

e. not informing the debtor when their case has been passed on to a

different debt collector

f. pressurising debtors to pay in full, in unreasonably large instalments,

or to increase payments when they are unable to do so

g. making threatening statements or gestures or taking actions which

suggest harm to debtors

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

 

 

 

Debt collection guidance

Final guidance on unfair business practices

July 2003 (updated December 2006)

[MARTIN3030]

As we have said...you are not alone.Anytime you need help with the letters just ask.We have a great team here and I know no one will see you struggle.

My email address is here for you and anyone else who feels at a loss-as indeed are many others.Our strength comes from supporting eachother and its something which has benefitted many.Not everyone needs help-its just nice to know its there if they do.

[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.

[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

[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

[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.

[MARTIN3030]

Anything legal should always be sent to the registered office.

Proof of delivery online is not always possible...since it relies on the delivery person getting his logs inputted onto the system..but you can call them and ask for verbal confirmation.If it wasnt delivered then it would have been returned to you in almost all cases especially as your name is on the back !

For an item such as this I would use special delivery...costs about 3.00 more than recorded but well worth it and guaranteed before 1 next day.

 

Yes its true - you should be entitled to remission if you are on benefits.

The form EX160 is easy to fill in and can be done from the HMCS website.You only need to fill out 1 copy.

If you have already paid for anything you can claim this back on the same form..assuming that you qualify.Certain benefits are eligigible for full remission.

[MARTIN3030]

CAPITAL ONE BANK (EUROPE) PLC

Trent House

Station Street

Nottingham

NG2 3HX

[MARTIN3030]

Ammended

Edited June 27, 2008 by MARTIN3030
see lower post

[MARTIN3030]

Sparkles-NinaP is having some dealings with Debitas too-I have put the link in your thread.

[MARTIN3030]

********CAP 1 Address-service of papers etc************

 

Following consultation with other team members-I am happy to inform you that the Nottingham Address IS the one that should be used,and is where their legal team is based.

Apologies for any confusion.