Davey77 vs Capital One *** WON ***

[lexis200]

Thanks very much for that Davey - I really wish I'd read it before sending my letter to get my balance zeroed by BOS this morning.

 

I was perfectly happy with them an hour ago, now I've read yours though I see I could have done so much better:rolleyes:

[davey77]

Thanks folks..

 

ah you always believe more could have been said or done but i read the letter and I'm sure they will get the point totally!

[creditcardmug]

The most important thing was the judge's words in the directions "the original documents shall be brought to the hearing",

This is the thing they cant get around, when they don't have documents complying with the CCA, and its this which should be pushed for in all these cases IMO

[davey77]

Quite so CCM. Just shows.. don't always ask over and over again under the CCA s78. Leave that out.. ask for the Full Original Document in it's unaltered form and any documents referred to within it. And when the OC writes back saying, "we have supplied your agreement and we have nothing further to send you", that can be a very useful tool later. Although many don't realise it at the time (as i surely didn't.)

[citizenB]

Excellent work davey. I did have a good chuckle when after knocking Ms Starr's witness statement into the middle of the stratosphere, the next letter you receive is one saying she has gone on longer term sick leave !!.

 

Fantastic work and a result well deserved.

[davey77]

Thanks CB!

 

I think the 'sick leave' came before the witness statement?.. which means she became ill before she started having to write to me again. ermm yes, ok. Yeah, not often i make women sick.. but, it happens!

[joneseyblod]

Very interesting post on steps you took with cap1 re court action! Attached information no doubt will be very useful to many considering the same.

[version302003]

Very interesting post on steps you took with cap1 re court action! Attached information no doubt will be very useful to many considering the same.

 

it has been helpful to me as I intend to do the same, have already sent a cca and recieved the usual rubbish. I have just replied requesting the original under CPR as I feel it will end up in litigation. Not heard anything back yet but I have to be patient with the CPR requests. It has also helped with my case against jd williams. Many thanks davey77

[davey77]

Very pleased to hear if any of my info has helped the innocent fight the evildoers. Thanks folks!

[traceyb918]

thanks for your thread davey77:D Hopefully it will help me I'm abit stuck as to my next move with these monkeys.

 

Trcey

[Desperate Daniella]

Congratulations, Davey.

 

You will be giving such hope to all of us being harassed by capone.

 

Thanks for everything you have posted here. I am in a similar situation with Capone, although I am somewhat bemused: They have so far (apart from the current T&Cs) sent me a copy of the signature box and my name and address at the top of an application form, but that is totally it. Their own address isn't even on what they have sent me, so how can I actually know that they are a 'real' company? (I know they have a registered office.)

 

What with Wendy on 'sick leave', and Ellie Renshaw who is rumoured not to exist at all, is there actually an office in Nottingham? Has anyone ever checked? Maybe they work from a back bedroom somewhere that we will never know about!!!!!!!!!!

 

Bemused, but thrilled for you,

 

DD.

[davey77]

Thanks DD.

 

I think they have offices there, they just like to make people up. The BBC threatograms in relation to 'you have not paid your TV licence' show similar anomalies.

 

Have you got a Cap1 thread?

[Desperate Daniella]

I am sure they actually do have offices in Nottingham! And various offices in India

 

I haven't started a thread on this yet because there is nothing to report apart from what I have said above. In the meantime, I am reporting what I get on Sunflower's. She is happy with that - lots of us are on there sharing info - (the official Capone Fan Club thread). If I ever get anything other than a signature box and the usual letters from the Capone/Debitas LEGAL!!!!!!! Services, I'll start my own thread, but have got others at the moment, and I'm only starting threads when there is something interesting happening.

 

Again, that was a brilliant result!!

 

DD

[creditcardmug]

About the 3rd quarter last year, they were said to be making huge redundancies at their call center, so probably have closed it by now.

 

The talk at the time was of passing the calls to india, but i think they may not even be able to afford that.

 

This is a pathetic, arrogant american company, who never had any regard for english law, much less the CCA, so didn't bother having proper agreements, which is why they can never produce them now.

 

Anyone who CCAs them get the standard Cap1 rubbish, completely unenforceable, (pre 2004 anyhow)

[davey77]

OK, This is really getting on my nerves now! I do believe Cap1 are attempting to renege on their email settlement details. What's the next letter going to be? "You haven't paid this month, please call?!" Certainly never thought i would hear from Verity again.

 

The letter they are replying to is:

 

" Thank you for your correspondence dated 10 January 2009 but I’m afraid it does not adequately fulfil my request for full settlement details and includes some inaccuracies.

 

Settlement was reached with Wendy Starr of Capital One’s Legal Dept via email on the 5th December 2008 and not the 10th May 2008 as your letter stated. I enclose a copy of that email for your reference.

 

With this information in mind would you kindly write to the above address enclosing all settlement details as per that email (including account number, amounts involved and CRA steps to be taken) at the earliest opportunity.

 

 

Thank you.

Davey"

[lexis200]

That's ridiculous!

 

They really don't know what is going on from one department to the next do they? Surely there are notes on your account?!

 

How about a quick letter along the lines of -

 

Please find enclosed a copy of an email recieved by me from Wendy Starr, and my subsequent reply.

 

The only person who should be contacting me is Ms Starr (or whoever).

 

Do not contact me again, as the account has been settled.

 

Only composed a little better:)

 

Does your account still show with money owing or have they actually taken it to 0? (sorry, I've forgotten, brain like a sieve at the moment:D) I'm just trying to remember if this was to get closure so there's no way they can back out, or to actually get them to do something.

 

Lexis:)

[davey77]

Yes i am composing a letter now With the last letter to Ade Potts i enclosed a copy of the email from Wendy Starr along with the Header information showing the route the email took to reach me (and therefore was valid.)

 

That's the other issue. Upon checking the Credit File i find they have only marked it 'satisfied'. It still shows £1,500 and a default! If they kept their word it should state ZERO/Settled.

Just trying to find out if an email is legally binding or not tho. (Will probably add that to the letter even if i am not sure)

 

I will give them one more chance and 14 days. Otherwise it's the ICO and the FOS. Loath to go to the FOS but this could be something they actually don't mind looking at. Hoping the threat of a £450 charge via an FOS complaint will be enough to get Cap1 to see sense.

[lexis200]

Just had a quick looksee about the email aspect...

 

From a solicitors website

 

What are the most common legal problems with using email?

A. Because emails are easy to send, and often seem less formal than traditional business documents, it is not uncommon for people to send ill-advised messages. In addition, such emails can be quickly circulated to a wide audience, and are easily stored and used as evidence. All businesses are 'vicariously liable' for the actions of their employees, and your business is likely to be held liable for emails sent by employees.

 

One of the commonest problem is inappropriate content - for example, messages containing sexual or racial abuse, or libellous statements. Even the tone of an internal email - often blunt and impersonal - could create a hostile working environment and lead to claims for stress, discrimination or harassment. As a simple rule, do not send or forward emails that could be illegal, offensive or discriminatory.

 

A further problem is that some employees do not realise that the emails can create contractually binding commitments, or form part of a contractual agreement.

 

Also this site Acas - Advice leaflet - Internet and e-mail policies states that

 

E-mail

As well as the many benefits of e-mail, it is essential that all workers in an organisation realise the following potential pitfalls:

 

• it is not an informal communication tool, but has the same authority as any other communication to and from the organisation
  

 

• external e-mails should have disclaimers attached
  

 

• it should be regarded as published information
  

 

• e-mails are not confidential, and can be read by anyone given sufficient levels of expertise
  

 

• binding contracts may be inadvertently created
  

So I'd go with yes, they can be.

[davey77]

Found some info on emails here:

Acas - Advice leaflet - Internet and e-mail policies

 

"E-mail:

 

As well as the many benefits of e-mail, it is essential that all workers in an organisation realise the following potential pitfalls

 

 

 

it is not an informal communication tool, but has the same authority as any other communication to and from the organisation

 

 

binding contracts may be inadvertently created

 

Contract law"

 

It is just as possible to make a legally binding contract via e-mail as it is by letter or orally.

 

http://www.consumeractiongroup.co.uk/forum/general/102699-how-legally-binding-their.html

[lexis200]

That's the other issue. Upon checking the Credit File i find they have only marked it 'satisfied'. It still shows £1,500 and a default! If they kept their word it should state ZERO/Settled.

 

They are unbelievable really aren't they. Why do they think they can do this?

[davey77]

oh thanks Lexis! You have extra info there although we almost match lol Brilliant. I will add that to the letter

[lexis200]

Hehe

 

Great minds and all that:D:D

[davey77]

They are big and powerful and they follow no regulations or laws in the pursuit of $$$.

 

I like this quote "All businesses are 'vicariously liable' for the actions of their employees, and your business is likely to be held liable for emails sent by employees".

That will come in handy!

[davey77]

Hehe

 

Great minds and all that:D:D

 

Very true!

[joneseyblod]

Very useful info there on the email you had from Cap1 re your account!