Capital One card debt (CCA)

[MrMT]

Subbing, with interest.

 

Lexis, I notice someone else get corrected on this so if it's not too late you might want to make a small correction to your letter on Post 59, end of second paragraph....

 

"....is indeed a copy of both original sides of the original Agreement."

 

It was advised you include the word "executed" as in "...of the original executed agreement.

 

Good luck!

[lexis200]

Thanks MrMT - it was me that was corrected:D

 

Unfortunately I'd already sent this by the time that was pointed out, but did kick myself:D

 

Hope the thread helps

 

Lexis:D

[citizenB]

did kick myself:D

 

 

 

Lexis:D

 

You bully:p:lol:

[lexis200]

You bully:p:lol:

 

I know, I should report myself:D

 

I've just been having a look at the 'agreement' again (does everyone else do that - look at it every so often just to see if you've missed something? Please say it's not just me...), and I can't see a date anywhere - either from me or them.

 

Is this another issue for them?

 

I will get the scan done soon, promise. I'm going to get OH to show me how the sodding thing works so I don't have to wait for him to get his bum into gear in future! Before I met him I was great at programming stuff, now I just let him get on with it, which is very silly for when I need something doing:rolleyes:

 

Anyway, still no word from the lovely ER. I'm beginning to think she doesn't want to talk to me.

 

Lexis:)

[Desperate Daniella]

Hi Lexis,

 

Ellie is on maternity leave!!! (Can't remember which thread that is on - probably Sunflower's.)

 

However, that is not stopping capone sending out letters signed by Ellie. No, I'm not really confused - anyone at capone can apparently send out letters signed by Ellie.

 

(If I were Ellie and on maternity leave I would be very worried about what was being sent out in my name because I would know very well what they get up to. :eek:)

 

DD

[lexis200]

Hi Lexis,

 

Ellie is on maternity leave!!! (Can't remember which thread that is on - probably Sunflower's.)

 

However, that is not stopping capone sending out letters signed by Ellie. No, I'm not really confused - anyone at capone can apparently send out letters signed by Ellie.

 

(If I were Ellie and on maternity leave I would be very worried about what was being sent out in my name because I would know very well what they get up to. :eek:)

 

DD

 

Jeez, poor kid! They're never going to get a straight answer to a question are they?

 

I wonder if he/she will actually see their mum, or if they'll have to leave answerphone messages too:D

[Desperate Daniella]

Scene: Five years time, somewhere in Nottingham.

 

5-year-old Ellie to Mummy Ellie:

 

"Mum, do you know where my reading book is?"

 

Ellie: "No, but you can take this one in tomorrow. It's just like the one you brought home with you."

 

5yo Ellie: But Mum, it's not the same as the one the teacher gave me."

 

Ellie: That doesn't matter at all. Just tell the teacher it's almost the same."

 

5yo Ellie: But Mum, the book I brought home was about five horses, and this one is about four chimpanzees."

 

Ellie: "Well what is the problem with that? I'm sure your teacher won't notice, and if she does you just say "My Mummy knows all about this, and if she says the differences don't matter they don't."

 

Poor little Ellie.

 

DD

[the_shadow]

Scene: Five years time, somewhere in Nottingham.

 

5-year-old Ellie to Mummy Ellie:

 

"Mum, do you know where my reading book is?"

 

Ellie: "No, but you can take this one in tomorrow. It's just like the one you brought home with you."

 

5yo Ellie: But Mum, it's not the same as the one the teacher gave me."

 

Ellie: That doesn't matter at all. Just tell the teacher it's almost the same."

 

5yo Ellie: But Mum, the book I brought home was about five horses, and this one is about four chimpanzees."

 

Ellie: "Well what is the problem with that? I'm sure your teacher won't notice, and if she does you just say "My Mummy knows all about this, and if she says the differences don't matter they don't."

 

Poor little Ellie.

 

DD

:D:D:D:D:D Priceless to coin a barclaycard phrase :D:D:D

[Desperate Daniella]

Cheers, Shadow.

 

DDxx

[lexis200]

Scene: Five years time, somewhere in Nottingham.

 

5-year-old Ellie to Mummy Ellie:

 

"Mum, do you know where my reading book is?"

 

Ellie: "No, but you can take this one in tomorrow. It's just like the one you brought home with you."

 

5yo Ellie: But Mum, it's not the same as the one the teacher gave me."

 

Ellie: That doesn't matter at all. Just tell the teacher it's almost the same."

 

5yo Ellie: But Mum, the book I brought home was about five horses, and this one is about four chimpanzees."

 

Ellie: "Well what is the problem with that? I'm sure your teacher won't notice, and if she does you just say "My Mummy knows all about this, and if she says the differences don't matter they don't."

 

Poor little Ellie.

 

DD

 

Excellent:D

[citizenB]

I know, I should report myself:D

 

I've just been having a look at the 'agreement' again (does everyone else do that - look at it every so often just to see if you've missed something? Please say it's not just me...), and I can't see a date anywhere - either from me or them.

 

Is this another issue for them?

 

I will get the scan done soon, promise. I'm going to get OH to show me how the sodding thing works so I don't have to wait for him to get his bum into gear in future! Before I met him I was great at programming stuff, now I just let him get on with it, which is very silly for when I need something doing:rolleyes:

 

Anyway, still no word from the lovely ER. I'm beginning to think she doesn't want to talk to me.

 

Lexis:)

 

 

Yes I do, Lexis, I am constantly reviewing the paperwork... especially the so called agreements where they have been supplied. I have a work sheet at the front of each file which I update with new information, almost like a draft defence and my arguments, should they ever get to court:cool:

[lexis200]

Yes I do, Lexis, I am constantly reviewing the paperwork... especially the so called agreements where they have been supplied. I have a work sheet at the front of each file which I update with new information, almost like a draft defence and my arguments, should they ever get to court:cool:

 

That is such a good idea! I work in organised chaos normally so this would really help. Actually the organised bit is a slight fib:D

 

edit- apparently I've given out too much rep in the last 24 hours so I can't blobby you, but I will be later as that idea will save me a ton of time searching through files!

[crew74]

following this thread with attention as I'm going through exactly the same thing with Crap1.they've defaulted me because of a change of policy (they put me on their long term plan+automatic default) even though min payments are being made religiously via a debt management plan.So far very similar letters as yours (it's enforceable and we don't have to show you anything attitude!!!).Feel like going to court as it is for a very small amount (170£) what should I do ?

[citizenB]

That is such a good idea! I work in organised chaos normally so this would really help. Actually the organised bit is a slight fib:D

 

edit- apparently I've given out too much rep in the last 24 hours so I can't blobby you, but I will be later as that idea will save me a ton of time searching through files!

 

:D Lexis, that is precisely why I started the form at the front of the file !!. :D

 

following this thread with attention as I'm going through exactly the same thing with Crap1.they've defaulted me because of a change of policy (they put me on their long term plan+automatic default) even though min payments are being made religiously via a debt management plan.So far very similar letters as yours (it's enforceable and we don't have to show you anything attitude!!!).Feel like going to court as it is for a very small amount (170£) what should I do ?

 

Crew74, Cap1 never had a policy to change.. !. They automatically default you when paying anything less than the minimum payment. Have you requested a copy of the credit agreement ?

[crew74]

I have an "updated" copy of a credit agreement but not the one I signed. I sent them a letter saying the account is unenforceable and stop processing my data, but they essentially replied they could not care less and that's their final position.

[citizenB]

I have an "updated" copy of a credit agreement but not the one I signed. I sent them a letter saying the account is unenforceable and stop processing my data, but they essentially replied they could not care less and that's their final position.

 

Yep, that sounds like the Capital One we know and love. Do you have your own Capital One thread, if so, let me have the link and I will post some information on there for you.

[crew74]

http://www.consumeractiongroup.co.uk/forum/credit-reference-agencies/191254-help-capital-1-says.html

 

That's my thread!! Sure you're help would be helpful Citizen B.

Have also put Experian on notice to remove data I'm not sure they have a "legal right" to process data if you tell them not to as it would be hard to prove that this information is of public interest.

[lexis200]

hello hello:)

 

A follow up for lovely ellie after her pointless response to my last letter. Not sure if Cap1 has a CEO or if it's a director/president etc - trying to find out at the mo but if anyone happens to know who the head bloke is please let me know!!

 

SUBJECT ACCESS REQUEST NON-COMPLIANCE

THIS IS NOT A NEW REQUEST FOR DATA

 

Dear Ms Renshaw

 

Your letter of the 30th April avoided nearly every question I raised. I require answers to them within the timescale shown below. As they are very simple this should not be an issue for you.

 

1) Is the Credit Agreement you have sent me a copy of both original sides of the original document I signed? I require a yes or no answer to this question. If you answer yes I will require sight of the agreement. I will cover my own costs in travelling to your offices in order to do this. If you do not answer this question I will be forced to contact Trading Standards, as among several other concerns I have, it would appear that the two pages sent within my SAR that supposedly comprise my original agreement seem to be two completely different documents.

 

I’m sure you understand the gravity of this, so I will re-iterate, I require a yes or no answer to the question, and I will require sight of the document if you claim it is two sides of the same original document signed by me.

 

 

2) You have completely ignored how you justify telling a lay person that a blank document constitutes a ‘clearly…valid and enforceable credit agreement’. This is a blatant attempt to mislead and I require an answer as to why you feel this is acceptable behaviour from a ‘responsible’ company

 

3) I still require all letters and memos (including any internal memos) sent/made prior to 2007. It is inconceivable that in the 3 years between opening my account and this date that not one letter or memo was created, so you have most definitely not sent everything required of you.

 

4) I still require all the ‘event purge’ and ‘history purge’ notes (seemingly all from 2008 onwards) that I was told would be arriving with me over two months ago.

 

My original Subject Access Request was made in December. This should all have been dealt with by you months ago. If you are not capable of ensuring all of the above questions are answered (something I strongly feel you are not if your previous responses are indicative) I require you to pass them on to someone who is.

 

Please also note that if I do not have a complete and reasoned response to each and every point raised, from either you or someone else who can address the issues, I will be contacting your CEO and placing a formal complaint about you personally as the ‘Executive Office Manager’ as your actions to date show that you are not fit to hold the position.

 

I look forward to your prompt written response, which I will expect within 14 days of receipt of this Recorded delivery letter.

[lexis200]

Just a quickie - does it matter that the agreement doesn't appear to be dated?

[citizenB]

Just a quickie - does it matter that the agreement doesn't appear to be dated?

 

 

Its been a long day.. sorry, Lexis, I dont understand the question. Is it signed but not dated and who is it not signed by

[lexis200]

Go and grab yourself a glass of something lovely and have a sit down CB:)

 

I meant neither me or cap1 appear to have put a date anywhere on the form. I've signed it; I can't remember if they have or not but seeing as we all know that would only slow them down rather than stop them doing anything it's neither here nor there really.

 

Just seems odd that there's nothing on it to prove when it was signed?

[citizenB]

That is really bizarre, Lexis. I would have thought if neither of you have signed it then that's it..

 

If this is a photocopy or microfiche of the original then they are not going to be able to add a date and pass if off as though it was signed because you now have proof that it wasnt. I like it.. I think

 

You arent going to sign it to make it right for them are you

[citizenB]

Lexis, I dont know if either of these names will help. I googled "CEO, Capital One Bank Europe Ltd.

 

 

Srini Gopalan, head of Capital One in the UK, said: "The combination of our low 8.5% APR rate, no balance transfer fee and identity protection service makes this an attractive offer for consumers at a time when we are conscious the purchasing environment remains a difficult one".

 

Sanjiv Yajnik, Principal Managing Director of Capital One

[lexis200]

Right, we're getting confused:D

 

I did sign, but neither of us dated it as far as I can see. I wish I hadn't signed, but there you go:D

[lexis200]

Ooh, thanks for that, I'll have a look.

 

BTW, why have you got a little plus sign by your name at the bottom of the thread? Is it because you're extra good at stuff?