Capital One want me to run up more debt.

[DonkeyB]

"Unfortunate that we find ourselves preparing a statutory demand"

 

I have an image of them sitting there, at a desk going:"Blimey! I appear to be preparing an SD! Oh no!"

 

Idiots.

[babydoll0141917]

subbing

[DonkeyB]

Can we backtrack a bit, OD?

 

In her letter of 31 December 2008, post #34, the legendary Ellie Renshaw states, inter alia, that you were sent a default notice on 26 November, demanding payment. Looks to me like they demanded the full balance. Is this the case? If so, that invalidates the DN (that in effect WAS termination, asking for the full amount) and they terminated on the back of a faulty DN.

 

Do you have a copy of that DN you can post up? This could be important, and would mean that Crap1 have bought a turkey.

 

This is in addition to the non-fulfilment of the CCA request by Crap1 and selling while in dispute, and the subsequent non-fulfilment of the request by C-r-apquest. They still have not provided you with the original T&Cs, which IS required for a S78 request. She also claims you have a valid and enforceable agreement which, as we now know thanks to Waksman, is not the case.

 

Find that DN!

Edited April 22, 2010 by DonkeyB

[banker_rhymes_with]

I agree with DonkeyB!

 

It would be useful to know more about that s87(1) Default Notice.

 

I don't know too much about CapQuest Investments Limited and CapQuest Debt Recovery Limited, but I had the impression they were something to do with Capital One...hence the Cap appearing in their names. It may be nothing, but could suggest no true Sale has actually taken place. Only guessing, if anyone knows more about these CQrappy CQappy Companies, do let me know!

 

Cheers,

BRW

[overdone]

Can we backtrack a bit, OD?

 

In her letter of 31 December 2009, post #34, the legendary Ellie Renshaw states, inter alia, that you were sent a default notice on 26 November, demanding payment. Looks to me like they demanded the full balance. Is this the case? If so, that invalidates the DN (that in effect WAS termination, asking for the full amount) and they terminated on the back of a faulty DN.

 

Capital One

 

Date 26/11/2008

 

Dear overdone,

Capital One Bank Account xxxxxxxxxxxxxxxx

 

Overdue Amount £2,108.72

IMPORTANT - YOU SHOULD READ THIS CAREFULLY

 

Notice of Default served under section 87 (1) of the Consumer Credit Act 1974.

 

You have broken your Capital One Credit Card Agreement by failing to pay us the minimum monthly repayments described in clause 8 of the agreement.

 

You must pay the amount overdue, shown above. This payment must reach your Capital One account within within 28 days of the date of this letter.

[overdone]

29/12/08 Defaulted as shown by Experian and Equifax.

[DonkeyB]

Was that the total owing at the time - not the arrears?

 

This sounds like a termination to me. Is that a 'bingo', then? Need BRW, Vint1954 and DiddyD on this!

[DonkeyB]

Can you post the full DN up? There are other ways it should comply.

[foolishgirl]

Hang on guys, OD also got this letter dated

 

29 December 2008. This IS the termination. Bingo indeed.

 

Dear Overdone,

Capital One Bank - Account Number: xxxxxxxxxxxxx

 

Balance £2,1xx.xx

 

IMPORTANT - YOU SHOULD READ THIS CAREFULLY

 

Statement of Default.

 

Your capital one account is now officially in default.

 

As of the 29 12 2008 you have defaulted and you owe us £2,1xx .xx

 

1. We have terminated your account. This means you have permanently lost your account and all spending privileges on your card.

 

2. We now have the right to demand that you pay your full balance immediately. We may add any reasonable costs we incur as a result of recovering the amount owed.

 

3. We will notify the credit reference agencies that you have defaulted on your agreement. This may affect your ability to obtain credit from other lenders.

 

4. We may place your account with, or sell your account to a debt collections agency, which may use door-to-door collectors or begin legal proceedings to recover all sums owed to us.

 

Our nominated representative will contact you shortly.

 

yours sincerely

 

Michael Woodburn

Vice President of Collections.

 

Also note the heading - Statement of Default. I thought the statement was supposed to come before the DN as a 'warning'??

Edited April 22, 2010 by foolishgirl
clarify

[DonkeyB]

Yup, I'm sure this is the termination letter, fg.

 

Clearly they are not terribly good on S87. However, what I'm not certain of is whether asking for the whole balance in the actual DN invalidated it - they should have just asked for arrears as far as I know. I always thought asking for the whole amount WAS termination.

 

So there's no doubt the account was terminated by one of those two letters. We just need to establish whether it was done properly!

 

OD, it may be worth you PMing Vint or DD also - fg and BRW have had a look, and I certainly trust their judgment - so let's get some more opinions, and ideas on how you present the information to get you home and dry.

[lexis200]

Well they can't default you for the full balance unless you've not paid a penny since first using the card so that would certainly make it a pretty dodgy DN. They have to get the arrears at least in the ball park of the correct amount!

 

If they've then terminated after sending that afaik their goose is cooked as mis-stating the entire balance as the arrears could not exactly be considered a de-minimus issue.

[DonkeyB]

I'm liking this more and more...

[overdone]

Dear Capquest,

 

On 26 February I sent your representatives, HL Legal and Collections a Pre Court Action Protocol request which they acknowledged on 3 March 2010.

According to legal protocol, this orthodox route of obtaining a County Court Judgement, has been renaged upon and means you do not have the right to abuse process by issuing a Statutory Demand.

 

I look forward in earnest to your response to my request of 26 February 2010.

Yours faithfully

Overdone

[foolishgirl]

Dear Capquest,

 

On 26 February I sent your representatives, HL Legal and Collections a Pre Court Action Protocol request which they acknowledged on 3 March 2010.

 

Which CPR did you send under - 31.14 or 31.16 & did you make it clear in your request that it was under the CPR?

 

Also if they did not respond, you need to say so.

According to legal protocol, this orthodox route of obtaining a County Court Judgement, has been renaged upon and means you do not have the right to abuse process by issuing a Statutory Demand.

 

I would also put in a bit about reporting their threats to the OFT.

 

I look forward in earnest to your response to my request of 26 February 2010.

Yours faithfully

Overdone

 

Otherwise, v.good - FG

[overdone]

"Which CPR did you send under - 31.14 or 31.16 & did you make it clear in your request that it was under the CPR?"

 

I sent the main CPR letter from this site.

[foolishgirl]

There are several letters on here relating to CPR31. Have you got the link please OD?

[overdone]

There are several letters on here relating to CPR31. Have you got the link please OD?

Can you help me. I have my copy from the file which is the one I have always sent to DCA's and it seems to do the job.

I did not realise there were several pre court action protocol request letters. Can you give me the site link to where these are on the site and I can isolate and find mine exactly?

It goes into two pages and cites in the Forth paragraph "4.3 The claimants letter should -"

(a) give sufficient concise details to enable the recipient to understand and investigate the claim without extensive further information.

 

...and nearing the end of Page 2

 

Request for disclosure.

"5. Clarification of the date you acquired the debt."

Edited April 26, 2010 by overdone
add info

[foolishgirl]

I'm still not sure what you sent OD & if you're not sure, you really need to do some research on the appropriate corresp. to send at what time. Just firing off templates without knowing how to proceed can be dangerous territory.

 

Basically you use a CPR31.14 for info. where legal action has been commenced; 31.16 for pre-action. However if you are not going to follow through properly on the latter, you could end up with it costing you.

 

There are 2 links here that may help to explain:

http://www.consumeractiongroup.co.uk/forum/legal-issues/159445-getting-them-reveal-their.html

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html

 

In the meantime I would just send a letter on the lines of:

 

I am in receipt of your correspondence dated xxxx.

 

I note that you have threatened to issue a statutory demand in respect of this matter.

 

You must be aware that according to legal protocol, this procedure must not be used before obtaining a County Court Judgement & that to do so would be an abuse process.

 

Furthermore the contents of your correspondence breach OFT guidelines on debt collection & your letter of intent has been forwarded to OFT for investigation.

 

You are advised that any legal proceedings in this matter will be vigorously defended.

 

YF

[overdone]

Thanks for pointing that out SG. I have found the template that I have always used stored in my microsoft word. Does this help?

 

Account In Dispute.

Account reference details.______________________________________________________________

 

Dear

 

I acknowledge receipt of your letter of intended legal action sent by your company on _____________ which was received on ________________. Date:

 

CPR REQUEST: RECORDED DELIVERY.

 

 

Please be aware that any proceedings will be extremely vigorously defended and that a counterclaim will be made against _____________ I am unable to respond further at this time, since you have given me inadequate information to investigate the claim. Please note that under the Overriding Objectives, you have a duty to act reasonably at all times.

 

As you are aware, under the pre-action protocols of the Civil Procedure Rules, your letter before action should have included the following information:

4.3 The claimant's letter should —

(a) give sufficient concise details to enable the recipient to understand and investigate the claim without extensive further information;

(b) enclose copies of the essential documents which the claimant relies on;

© ask for a prompt acknowledgement of the letter, followed by a full written response within a reasonable stated period;

(For many claims, a normal reasonable period for a full response may be one month.)

(d) state whether court proceedings will be issued if the full response is not received within the stated period;

(e) identify and ask for copies of any essential documents, not in his possession, which the claimant wishes to see;

(f) state (if this is so) that the claimant wishes to enter into mediation or another alternative method of dispute resolution; and

(g) draw attention to the court's powers to impose sanctions for failure to comply with this practice direction and, if the recipient is likely to be unrepresented, enclose a copy of this practice direction.

I note that your letter failed to enclose copies of the essential documents upon which you will seek to rely, failed to ask for acknowledgement of the letter, failed to ask for a written response within a reasonable period of time, and did not draw attention to the courts powers

to force all parties to comply with the practice direction.

I intend to provide you with a full written response, but as yet I have not got adequate information to investigate your claim.

To enable me to investigate this claim I require specific information regarding the account to be provided forthwith. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below.

If you fail to disclose this information, I may apply to the court under Part 18 and part 31 of the civil procedure rules.

I will be unable to respond to your claim without this information, and by failing to supply it before starting legal action you would breach the overriding objective of the Civil Procedure Rules.

 

Request for disclosure;

 

I request that you send me information vital to investigating your claims, including:

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. All records you hold on me relevant to this case, including but not limited to:

a. A transcript of all transactions, including charges, fees, interest, repayments and payments and both the original amount of the loan and any repayments made to it the account.

b. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor.

c. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual

intervention in relation to my account formerly held with ** CREDITOR **.

d. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

e. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

f. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

g. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

h. A genuine copy of any deed of assignment, or proof that you have a legal right to this money.

i. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

j. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

3. Any other documents you will seek to rely upon in court.

4. A copy of your complaints procedure, as required by the Consumer Credit Act 2006.

5. Clarification of the date you acquired the debt, what organisation you acquired it from, their registered office, their company number (if any) and what legal title they had to this debt, and what credit license number they had at the time that the debt was purchased or entered into.

 

Please note, I will respond to your claim in full within 14 days of your providing this information. I must advise you that if the information is not forthcoming, or if you start proceedings without furnishing this information, it will be reported to the Court that you are denying me the opportunity to settle this matter amicably.

 

I would appreciate your due diligence in this matter.

 

I await your rapid response

[foolishgirl]

OK, now I'm with you. Suggest you therefore amend as:

 

 

I am in receipt of your correspondence dated xxxx.

 

I note that you have threatened to issue a statutory demand in respect of this matter.

 

You must be aware that according to legal protocol, this procedure must not be used before obtaining a County Court Judgement & that to do so would be an abuse process.

 

Furthermore the contents of your correspondence breach OFT guidelines on debt collection & your letter of intent has been forwarded to OFT for investigation.

 

I refer you to my correspondence of 26 February 2010 requesting further information under the Pre-Action Protocols & note that to date you have failed to respond. Please do so immediately.

 

You are advised that any legal proceedings in this matter will be vigorously defended & your failure to respond positively to my request for information will be reported to the court.

 

YF

[overdone]

Sent F G's letter. I have a sneeking suspicion that H L Legal did not send Pre court action letter on to Capquest as they have instructed in their letter to me that they did. I have photocopied H L Legal acknowledgement letter and enclosed it in the above letter to Capquest which I will send recorded delivery tommorrow. I hope this will chuck a spanner in the works. Interestingly, the above version of Pre court action request letter is the only one I have ever used and it always sends DCA's or their pretend solicitors packing.

Edited May 6, 2010 by overdone
add info

[overdone]

What am I supposed to make of this?

Capquest Debt Recovery.

 

30 April 2010

 

Dear Overdone,

 

We thank you for your correspondence and respond as follows.

 

We can confirm that the copy agreement was sent to you on 13 November 09 and the copy statement was sent to you on 7 Nov 09

 

We look forward to hearing from you.

 

yours sincerely

 

Collections administration department.

[foolishgirl]

I think you should have also added 'if you do not understand the contents of this letter, please consult a solicitor'!!

 

File as 'to be produced in court' & ignore for the time being.

[overdone]

In January 2010 I applied for cap one's start again card and they declined me. (Surprise) 29 Dec 08 is their default on my credit file so Dec 2014 is when Cap One's default falls off. A Long time to go. Today, Granite (Vanquis) start again card accepted me so I should be rebuilding credit favourably. How do I offer, Cap One, an out of court settlement, without predjudice, on condition they remove the default, as this impedes me from getting, say, a mortgage?

[caro]

They won't remove the default without very good reason, such as the debt being unenforceable, or the information being inaccurate.