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    • go back and read what andyorch said in my above links about a DEED of assignment NOT being a Notice Of Assignment. its a general document for a portfolio of MANY debts they bought on a spreadsheet, NOT specifically relating to YOUR Agreement. but your was like all others, a single line in a spreadsheet.    the sheriff has specifically asked for the NOA and the Default Notice ...neither of which the fleecers have provided, merly a load of ole twaddle like trump does to divert attention away from those NOT being provided.   forget the stuff about LOP 1925 etc that a NOE is NOT applicable in scotland , the sheriff has asked for it..end of!!   bedtime reading particularly regarding default notice sec 87 https://www.consumeractiongroup.co.uk/forum/showthread.php?484300-Cabot-nolans-SPC-Claim-Old-Next-CAT-Debt(2-Viewing)-nbsp&p=5119630#post5119630   read from about post 70.   as for the written submission. i'll find an example later.   dx      
    • Plevin is not a calculation. its a refund of commission they got as they had a backhander of greater than 50% of the PPI sum paid for selling it on behalf of the insurance company that underwrote the PPI policy.   you are after reclaiming the PPI itself. and that is what all our PPI stuff is geared too.   have you still a copy of what you originally sent though as you don't even KNOW what plevin was , how could you have ever have asked for it.!!   pers i'd write back. (you seriously need to stop talking on the phone!!) stating quite clearly that you REJECT totally their refund under the Plevin Rules. my Claim was to reclaim the PPI a paid, not for a refund of your hidden commission!!   i give your 14 days to refund inline with the enclosed spreadsheet , else i will raise a complaint without further notice to the FOS.   please reply in Writing Only.            
    • Kim Kyeong Yeon developed his virus-destroying machine after his child injured herself. View the full article
    • not interested in silly letter   the CCa return please   dx  
    • This is interesting as I was not aware that there was a difference in the PPI claims/calculations.    Long story: I asked for this PPI reclaim over 5 years ago.  The Woolwich loan was taken out when I had a Woolwich current account.  The banking sort code for Woolwich was deleted off the banking system when Barclays inherited it hence they could not find my current account let alone the loan.    They had told me that I had provide proof of the loan as they could not locate it.  I did the FCA deadline search and it still was not located.    As this was the last resort, I had to go into the loft and found it by chance.  They changed the new reference number from the search and attached it to the old past reference number as the complaint was still on their system.    Even speaking to them about their calculations and the one I got from the on-line calculators, no one can explain the difference, they just keep saying that they cannot speak to the PPI calculations team, they have to email them!    Also I thought the Plevin paragraph was standard information.  So this is where the mystery lies,   I can reject the Plevin calculation and ask for calculations based on my actual PPI sums paid,   would this then be in line with your calculator?
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    • I came across this discussion recently and just wanted to give my experience of A Shade Greener that may help others regarding their boiler finance agreement.
       
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      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
       
      A month later and ASG attended to service our boiler but in the process left the boiler unusuable as it kept losing pressure not to mention they had damaged the filling loop in the process which they said was my responsibilty not theres and would charge me to repair, so generous of them! Soon after reporting the fault I got a letter stating it was time we arranged a powerflush on our heating system which they make you do after 5 years even though there's nothing in the contract that states this. Coincidence?
       
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    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
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could anyone advise if this is an enforceable cca, all printed on one sheet of a4, while mine was two seperate sheets of a4.

 

Account opened Jan '04

 

 

 

 

 

 

 

scan0004.jpg

 

 

 

T&Cs

 

scan0003.jpg

Edited by beachcomber60
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Can someone have a look at this soon, please?

Nationwide-A&L-Halifax 1-Student Loans Company-NatWest-Virgin Media-Link-Capital One ALL WON!

Thames Credit -statute barred sent 13/11/08

BCW- prove debt letter- 14/08/08

Apex- CCA 14/08/08

Redcats UK- SAR 14/04/09

Call Serve- CCA 14/08/08

Littlewoods- no CCA letter 03/09/08- Lowells now

Wescot- CCA 19/9/08

Capital One/Debitas- now with Lowells

 

Any opinions are without prejudice & without liability. All information has been obtained from this site. If you are unsure, please seek professional advice. .

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You're a bit short on detail here aren't you mate, what is the background to this?, i really think posters posting a new post should at least try to put some meat on the bones.

Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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Ok, on the face of it the first part i presume has your signature, however there is no mention on that page as to where the Prescribed Terms are to be found, therefore IMO this is unenforcable

Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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Here's beachcomber60's thread-

 

http://www.consumeractiongroup.co.uk/forum/capital-one/155092-capital-one-default.html

 

His latest letter from Cap1- where they say that no matter that he has sent them I&E form and numerous harassment letters, they are going to keep ringing him until he hands over payslips, etc and payments- is my favourite.

 

Hopefully TS will like it to- along with his log of their harassing and abusive phone calls.

Nationwide-A&L-Halifax 1-Student Loans Company-NatWest-Virgin Media-Link-Capital One ALL WON!

Thames Credit -statute barred sent 13/11/08

BCW- prove debt letter- 14/08/08

Apex- CCA 14/08/08

Redcats UK- SAR 14/04/09

Call Serve- CCA 14/08/08

Littlewoods- no CCA letter 03/09/08- Lowells now

Wescot- CCA 19/9/08

Capital One/Debitas- now with Lowells

 

Any opinions are without prejudice & without liability. All information has been obtained from this site. If you are unsure, please seek professional advice. .

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Timing is everything!;)

 

I do think that CCA is unenforceable still.

 

But I love that letter more, sorry.

Nationwide-A&L-Halifax 1-Student Loans Company-NatWest-Virgin Media-Link-Capital One ALL WON!

Thames Credit -statute barred sent 13/11/08

BCW- prove debt letter- 14/08/08

Apex- CCA 14/08/08

Redcats UK- SAR 14/04/09

Call Serve- CCA 14/08/08

Littlewoods- no CCA letter 03/09/08- Lowells now

Wescot- CCA 19/9/08

Capital One/Debitas- now with Lowells

 

Any opinions are without prejudice & without liability. All information has been obtained from this site. If you are unsure, please seek professional advice. .

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This is the usual from cap1, dont fill in any of their forms, contest what they have sent, but they will continue to argue with you that they are right/ you are wrong, eventually you will get their final word on it, advising you to complain to FOS if you dont agree.

 

They have no fear of FOS anyaway,next it will be sold to a DCA fredericksons in my case.

 

As usual dont sign anything, and dont speak on the phone,

Sorry i didnt realise there was already a thread on this.

Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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Guest forgottenone

There is a letter I sent them a while ago regarding this. It didn't do any good ... just being honest saying that, because it didn't ... but for some it might work. I can't find it for you, I am afraid, whilst I would like to because like many here I am also going through the hell of being hounded by them for receiving similar documentation. They are a very hard company to deal with, and I have found they will not reply to any letters you send. Particularly when declaring your financial circumstances, going through the very reasonable processes of instructing them by letter and then expecting some form of reply. I am not unique, as it happens to everyone ... but they also ignore anything sent or compiled by people like CCCS or a third party debt advisor. So, with that in mind, how does one reasonably attempt to contact a company whose communication exists purely in a one way basis eg they can send you intimidating letters like confetti which either make no sense, are so badly worded, grammar etc ... that are so confusing as to defy rationality when trying to decipher them. I am not stupid for example, can read ... I also write on a voluntary basis championing various things, be it invidual people's troubles *I don't like injustice, unfairness* to get things heard, read and seen to highlight many of these things ... but even I have trouble understanding their letters, they are worded that 'crazily'.

 

Unless it's your CCA request.

 

Capital One are very good at harassing you on the phone, sending letters ... so, sorry I cannot help you as I can't search for my letter on here now ... or would ... most of it though, I got from CAG itself from a variety of posts from users dealing with Capital One on this same issue. All I will say is that they do not have any rights to ask this information of you ... they know it, but they assume you don't. Well, most people don't ... who would until you needed to know for example? So, like most DCA's/creditors rely on naivety. If you can Google, like I did ... that brought me to CAG in the beginning ... searching for Capital One and what they are asking you for ... you may come across the posts/threads I mean. They were from around a year ago.

 

But what you have received is pretty much the same as I, hundreds if not have.

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Guest forgottenone

Oh, add to that ... it was CCCS who instructed me never to send them anything such as a bank statement, wage slip ... when I first used their services. If you haven't, you might like to give them a call ... as they provided me with something I was able to include in my letter re the 'Data Proteciton Act' and the sending of sensitive data eg bank statements through the mailing system. Capital One doesn't need this information BTW ... and this is what CCCS also told me at the time ... what they look for is any surplus income from your statements ... which they will then argue with you about and attempt to make you pay beyond what you can physically afford. For example, if they think you are spending too much on food - there are as you may know government guidelines on these costs which are used to submit a financial statement under the BBA/MAT code of conduct ... you may also note that Capital One does not have this stamp on their own financial statement booklet ... if you've ever received one ... - they may argue against that. So, whilst whatever they send you looks 'okay' it is not for your own interests, even though they may fool you into thinking it is with their glossy brochures ... part of my degree covered a vast amount of psychologically used in communication and advertising, so such things 'jump out' at me for example ... but I will not bore you with the actual mechanics of such things :D ... but is in Capital One's interest.

 

I wish you luck with this, because mostly everyone here has had this.

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They sent me a letter today- another threat, this time saying it will be sent to an external DCA.

 

OOOOOOhhh. No. Still not scared.:rolleyes:

Nationwide-A&L-Halifax 1-Student Loans Company-NatWest-Virgin Media-Link-Capital One ALL WON!

Thames Credit -statute barred sent 13/11/08

BCW- prove debt letter- 14/08/08

Apex- CCA 14/08/08

Redcats UK- SAR 14/04/09

Call Serve- CCA 14/08/08

Littlewoods- no CCA letter 03/09/08- Lowells now

Wescot- CCA 19/9/08

Capital One/Debitas- now with Lowells

 

Any opinions are without prejudice & without liability. All information has been obtained from this site. If you are unsure, please seek professional advice. .

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Many thanks for the comments.

 

It was actually NDL that initally told me NOT to send statements, wage slips, proof of JS allowence and in my case IR tax accounts.

 

I have offered pro rata payments on both our accounts from my 'disposable' income, however, as my wife has been made redundent and is only receiving JS allowence perhaps I should be as bloody minded as them and tell 'em that my wife is only getting JSA they are gonna get NOWT on her account.

 

Even though I've disputed the accounts and submitted a formal complaint we are still getting interest and 'charges' added to the accounts, which is why I would really like the experts to take a look at the cca posted above, our other cca from them has the same wording but on two seperate A4 sheets.

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If it is your wife's account and that is all she is getting in at the moment- seems reasonable.

 

And definitely follow NDL advice. I had enough qualms about filling in an I&E form from the Natwest to show hardship- I wouldn't send them anything else- and I don't even owe them money.

Nationwide-A&L-Halifax 1-Student Loans Company-NatWest-Virgin Media-Link-Capital One ALL WON!

Thames Credit -statute barred sent 13/11/08

BCW- prove debt letter- 14/08/08

Apex- CCA 14/08/08

Redcats UK- SAR 14/04/09

Call Serve- CCA 14/08/08

Littlewoods- no CCA letter 03/09/08- Lowells now

Wescot- CCA 19/9/08

Capital One/Debitas- now with Lowells

 

Any opinions are without prejudice & without liability. All information has been obtained from this site. If you are unsure, please seek professional advice. .

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Nationwide-A&L-Halifax 1-Student Loans Company-NatWest-Virgin Media-Link-Capital One ALL WON!

Thames Credit -statute barred sent 13/11/08

BCW- prove debt letter- 14/08/08

Apex- CCA 14/08/08

Redcats UK- SAR 14/04/09

Call Serve- CCA 14/08/08

Littlewoods- no CCA letter 03/09/08- Lowells now

Wescot- CCA 19/9/08

Capital One/Debitas- now with Lowells

 

Any opinions are without prejudice & without liability. All information has been obtained from this site. If you are unsure, please seek professional advice. .

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Your a star, you seem to be the only one around CAG thats giving me sound advise.

 

Have been reading so many posts my head hurts, have read the document that they sent me again and again, I'm 50/50 as to whether it is/isn't enforceable. Unsure what I should do next.

 

Phone calls from them have dropped to two over the weekend, now have 30 odd different numbers logged that they have been calling from.

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Guest forgottenone
Your a star, you seem to be the only one around CAG thats giving me sound advise.

 

I know I shouldn't probably reply to that ... but my aim is to offer support, whilst I may not have the knowledge ... part of getting through all this is to provide moral support. Because it does help people. My own story here is that I was recently hospitalised by harassment from one creditor after suffering a stroke. The results of that ... have lead to further complications, further tests and ... it is likely I will be in poor health for the rest of my life due to that one moment.

 

Thing is, mostly everyone on CAG is just like you, we don't have consumer knowledge nor legal knowledge ... but we pick it up as we learn from others.

 

If I was in far better health than I am now I would be giving more help ... sadly, I cannot. But I always try to offer help, support when I can. I don't stray onto anything legal because I have not a clue what I am talking about and giving the wrong advice to people can be very dangerous.

 

Anyway, like I said, I probably should not be replying to this but felt I needed to point out that side of things. We all help in the way we can, with what knowledge we have to pass on. Or the way we do best.

Edited by jonni2bad
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There are no prescribed terms and it starts with a statement that the information you have supplied is true- it is an application form.

 

No prescribed terms= no CCA. They can call it whatever they want, it is still an application form.

Nationwide-A&L-Halifax 1-Student Loans Company-NatWest-Virgin Media-Link-Capital One ALL WON!

Thames Credit -statute barred sent 13/11/08

BCW- prove debt letter- 14/08/08

Apex- CCA 14/08/08

Redcats UK- SAR 14/04/09

Call Serve- CCA 14/08/08

Littlewoods- no CCA letter 03/09/08- Lowells now

Wescot- CCA 19/9/08

Capital One/Debitas- now with Lowells

 

Any opinions are without prejudice & without liability. All information has been obtained from this site. If you are unsure, please seek professional advice. .

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Following my letter of complaint regarding their phone calls, their phone calls have actually INCREASED not decreased. Had 10 today + three from a presume their 'off shore' call centre, I have written to TS & FOS but looking around the forum I cant seem to find anyone who has succeeded to stopping these 'unwanted' calls.

 

Reached breaking point today, I want to stand and fight, however, my wife wants to give in and send them what they are not entitled to and it is starting to cause arguments between us. Now thinking of just changing our phone number and going exdirectory, although its something we dont really want to do, theses scumbags seem to be above the law & have a lot to answer for.

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Does your local police have a harassment unit? It really might be worth talking to them as this is beyond a joke.

 

Plus when one rings, say you will go and get them eg

 

Cap1- is Mr Beachcomber there?

YOu- Can I ask who's calling?

Cap1- Capital One/Personal business matter?

You- I'll just go and get him...

 

Put phone down, wander off and watch TV/ boil the kettle/ sing a happy song.

 

Just leave them hanging on the phone. It will put them off if you keep doing it. For about three months I answered the phone, just not as myself, so I was never in!

Nationwide-A&L-Halifax 1-Student Loans Company-NatWest-Virgin Media-Link-Capital One ALL WON!

Thames Credit -statute barred sent 13/11/08

BCW- prove debt letter- 14/08/08

Apex- CCA 14/08/08

Redcats UK- SAR 14/04/09

Call Serve- CCA 14/08/08

Littlewoods- no CCA letter 03/09/08- Lowells now

Wescot- CCA 19/9/08

Capital One/Debitas- now with Lowells

 

Any opinions are without prejudice & without liability. All information has been obtained from this site. If you are unsure, please seek professional advice. .

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