Any Opinions Please?

[Misterzeus]

Good morning all, Mrs Z here.

 

I thought I’d give an update on Crap 1.

 

This is what Mr Z received in response to the letter template supplied by cerberusalert – thank you again!

 

Ms Renshaw has obviously thrown her toys out of her pram once again!!!!!

 

http://i305.photobucket.com/albums/nn216/Misterzeus/cap1front.jpg

 

http://i305.photobucket.com/albums/nn216/Misterzeus/cap1Back.jpg

 

So, it looks like they will be passing on to a DCA or taking Mr Z to court in a couple of weeks then!

 

Regards

 

Mrs Z

[the_shadow]

 

...............taking Mr Z to court in a couple of weeks then!

 

 

Just an observation but nowhere in that letter does it mention taking you to court... it says if you attempt to have it made unenforceable they will defend strongly but nothing about you being taken to court.

 

Draw from this what you will but I suspect they'll sell/assign the debt on to a DCA to attempt to threaten you into defeat...

 

People who have gone down this route will be able to give better advice but I just wanted to point out the court bit above as I feel it shows their real "strengh" of argument :D

[Misterzeus]

Thanks for your reply pmw1971

 

Yes, I know it doesn't say that they would be taking it to court in the letter, I was being facetious!!

 

As you quite rightly say - they'll probably sell or assign the debt on to a DCA in an attempt to threaten Mr Z into defeat... No worries then! We have long been dealing with DCA's for other creditors and have seen off a fair few so far!!

 

 

Thanks again

 

 

Regards

 

 

Mrs Z

[Misterzeus]

Good morning all, Mrs Z here

 

Update:

 

Cap 1 have now sent a letter (Statement Of Default) saying they have terminated the account, they will notify the CRA's, they may place or sell Mr Z's account to a DCA which may use door to door collections or begin legal action!! Then they finish with: Our Nominated representative will contact you shortly!!!!

 

I say bring it on, I'm just in the mood to deal with another DCA!!

 

Regards

 

Mrs Z

[cerberusalert]

Lowells will probably buy it, they seem to be the 'Steptoe' of the DCA world.

[Misterzeus]

Good afternoon all, Mrs Z here with an update on Cap One.

 

Well since the beginning of March Mr Z has received around 6 letters from CapQuest. Yesterday he had one from HL legal on behalf of CapQuest threatening court action if payment is not received by the beginning of June.

 

Today, another letter arrives from CapQuest stating that Cap One has advised Mr Z that section 78 documents have been sent - which are non compliant and that his "complaint" ( letter template courtesy of cerberusalert) had been dealt with in February! Therefore they are advising that payment is now due in full - some hope!!

 

Yesterday, Mr Z sent off a S.A.R request to Cap One, we'll see what this brings regarding the alleged CCA they've provided.

 

Any advice on how to respond to Hl Legal please - if at all?

 

Advice/opinions greatly apprciated as always

 

Regards

 

Mrs Z

[42man]

You'd have to edit this letter.... - http://www.consumerforums.com/resources/templates-library/86-debt-collectors/582-possible-letter-when-a-questionable-agreementapplication-is-sent

 

But stating that the agreement is not compliant with....etc etc...

[welshwizard]

As they've mentioned court action, can't you now use one of the CPR letters to get hold of copies of all documentation that they would be relying on in court? I am sure this includes the original agreement and not a 'true copy' of some agreement that they woudl have sent you following your CCA request.

 

I am sure someone more knowledgeable will tell me I am wrong but this is how I have read simialr situations progressing.

[Fedupandfightingback]

You could amend the letter in this post

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-1800199.html

 

Dear Sir,

 

Re :

 

THIS IS A REQUEST UNDER THE CIVIL PROCEDURE RULES.

PLEASE DO NOT IGNORE.

 

I am in receipt of your letter dated 23rd October, this was received on 30th October 2008.

 

You have indicated that

a) You are giving Formal Notice that your client has instructed you to commence court proceedings against me without delay and

b) Papers are now being prepared for commencement of action through my local court to seek a judgement against me.

 

I am sure that you are aware that I have long since requested from your client, under both the Consumer Credit Act 1974 (The Act) and the Data Protection Act 1998, a copy of the agreement to which both you and your client allege I am a signatory. To date this has not been provided to me and whilst I appreciate your client has endeavoured to persuade me that the provision of a copy of an application form is sufficient to discharge your client from further obligations under section 78 of the Act. Likewise I too have explained that the mere provision of a copy of an application form is not a legally permissable substitute for the provision of a true copy of the executed agreement as required under section 78 of the Act and as prescribed by Regulation 3 Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983.

 

I am sure you are also aware that under section 78(6) of the Act, whilst a creditor is in default of a request made under sub-section (1) they may not enforce the agreement.

 

Notwithstanding the foregoing and your client's persistent, unexplained and willful refusal to supply a copy of the executed agreement in accordance with its obligations (the permitted ommisions under Regulation 3(2) excepted), your client has made plain its intention to begin legal proceedings against me. In consequence this matter may now be treated as one which is subject to the control of the Civil Procedure Rules.

 

Take notice therefore that under CPR Practice Direction - Protocols paragraph 4.6(a) and (d), I request that you supply copies of the following documents:

 

[1] A true copy of the executed credit agreement incorporating prescribed notices, terms and conditions applicable at the time the agreement was executed and

[2] Any further or subsequent notices, terms and conditions relied upon.

 

Please note that my request under the Practice Direction is not a request for production within the confines of the Act and Regulations but rather, it is for a copy of the executed agreement, including signatures and all such other notices, terms and conditions as will be relied upon in the event that your client shall begin a claim.

 

A copy of the documents I have requested should be supplied to me within 14 days and you are urged not to begin proceedings for a period of not less than 14 days following the supply of those documents to me.

 

Should your client elect to ignore my request under the Practice Direction and commence proceedings, it is likely that I shall repeat my request for the provision of documents under CPR 31.14. In the event that your client should fail to comply with my CPR 31.14 request, I will not hesitate in making an application to the court for an order that further proceedings upon the claim be stayed pending provision of the requisite documents, in the course of which application I will of course refer to this and previous requests for the provision of copy documents.

 

I look forward to hearing from you within the time stated.

 

Yours faithfully,

 

[Misterzeus]

Good afternoon all, Mrs Z here

 

Thanks to everyone that has replied

 

Fedupandfightingback's template could be amended and sent to the parasites omitting the following or maybe re-wording:

 

You have indicated that

a) You are giving Formal Notice that your client has instructed you to commence court proceedings against me without delay and

b) Papers are now being prepared for commencement of action through my local court to seek a judgement against me.

 

To this:

 

You have indicated:

a) the possibility of legal action if payment is not received by you on the * June 2009.

 

Following on with the rest of the letter template as that seems relevant anyway regarding the alleged CCA they've (well, Cap One) supplied?

 

Thank you all again, very much appreciated!

 

Kind Regards

 

Mrs Z

 

 

 

[citizenB]

Any news ?