Just Recieved A Signed Capital One Agreement

[sunflower99]

Don't be daft, where would they get one of those?

 

David

Hi David!

Thanks for giving me a much needed laugh this sunday morning! Yes i think they would have difficulty finding one of those! an actual human!

[sunflower99]

Hi Thrubolt,

 

There are a lot of threads on Lowell. Capone just keep playing their stupid game - don't supply an original agreement as they are required to do, and then instruct different DCAs who all have to be seen off with the usual letters, and all the time it takes.

 

Sunflower and everyone else,

 

I thought they had shut up because I threatened to report them for harassment, but clearly they have gone quiet for a lot of us. I do hope they are leaving everyone alone, and not just those of us who are on CAG and fighting back.

 

They are probably reading CAG and realizing they are not going to be getting very far with a considerable number of us.

 

DD

Hi DD

yes they do probably get to realise who out of their many victims are Caggers when they start to get our letter informing them we are fully aware of our rights! I just feel so sorry for the poor people who have not discovered CAG yet but i think the numbers in CAG must be growing especially with how greedy these banks are getting.My MBNA account increased from about 17% something to 23% and 28% or something like that if i can remember rightly when going through my paperwork.and when i trawl through Crap ones ones i am sure i will see increases there as well.Before my major dispute with banks i was not very knowledeable about interest rates and impact of increases but i could see my cards were getting increasingly more difficult to reduce and with rising cost of living increasingly difficult to keep up minimum repayments . To make matters worse these banks just pile on the interest rates.It is sickening.

[sunflower99]

I was reading somewhere that these calls are a machine which is calling just to work out what time of day you actually answer the phone, once this is established a human gives it a go.

 

Regarding Capone I haven't heard from them for quite some time now *shrug*

 

Hi ZW

It is great Crap one giving you a bit of peace now! and you can give your printer a rest!

[thrubolt]

Morning all, thanks for quick replies yesterday, so, Crap one can sell account to a DCA who act wholly illegally with threat letters, also can't come up with original Notice of Assignment, the DCA give up because they know I can smack them with all sorts of problems because I have the proof letters from them that can land them in the ****. So , off goes the a/c back to Das Crapital, who then think - right, We acted illegally by not giving notice of assignment the first time - which is illegal in itself, so to make things correct this time we will send a letter that says Notice of Assignment BLAH BLAH - My point is this , Das Crapital couldn't do that the first time - so what makes them think that by doing it this way it makes things look correct in the eyes of the law, you see they acted blatantly illegal the first time, so should I complain again to the FSA and tell them whats going on - God - do I make sense to anyone and can you see where I am coming from with this - Phew.

[zazen.warrior]

What amuses me is the passing from one DCA to another as if having seen one off you are going to be absolutely petrified of the next who is clearly somewhat further down the food chain anyway

[cashins]

you are going to be absolutely petrified of the next who is clearly somewhat further down the food chain anyway

 

I know what you mean, they get mor pathetic as it goes along.

 

David

[Flyersj18]

Evening all,

 

Have recently received the standard begging letter from the Leeds Losers stating that they have purchased an alleged debt from Crap One. I have written back refusing to acknowledge any debt and requesting a true signed CCA. Does this automatically place the account in dispute as I see from examining my credit report with Experian that Lowell's have registered a default on it?

 

Any input appreciated.

 

Flyers

[lexis200]

Morning all, thanks for quick replies yesterday, so, Crap one can sell account to a DCA who act wholly illegally with threat letters, also can't come up with original Notice of Assignment, the DCA give up because they know I can smack them with all sorts of problems because I have the proof letters from them that can land them in the ****. So , off goes the a/c back to Das Crapital, who then think - right, We acted illegally by not giving notice of assignment the first time - which is illegal in itself, so to make things correct this time we will send a letter that says Notice of Assignment BLAH BLAH - My point is this , Das Crapital couldn't do that the first time - so what makes them think that by doing it this way it makes things look correct in the eyes of the law, you see they acted blatantly illegal the first time, so should I complain again to the FSA and tell them whats going on - God - do I make sense to anyone and can you see where I am coming from with this - Phew.

 

Sorry, but a NOA can come from a third party, the original creditor has no legal duty to provide you with one.

 

Also, the account can go back and forth as many times as they can get away with. They can't sell it to two at a time though, they have to wait their turn! The good thing is that any DCA should be easy enough to chase off if there's no enforceable agreement - especially so if you ask exactly why they are chasing a debt that has already been passed back to Cap1 after being found to be a dud by the last DCA.

[lexis200]

I think this quote by x20 answers the both the dispute and the assignment questions:)

 

lexis,

Section 136(1), Law of Property Act 1925 says:

 

(1) Any absolute assignment by writing under the hand of the assignor (not purporting to be by way of charge only) of any debt or other legal thing in action, of which express notice in writing has been given to the debtor, trustee or other person from whom the assignor would have been entitled to claim such debt or thing in action, is effectual in law (subject to equities having priority over the right of the assignee) to pass and transfer from the date of such notice

(a)the legal right to such debt or thing in action;

(b)all legal and other remedies for the same; and

©the power to give a good discharge for the same without the concurrence of the assignor:

 

Provided that, if the debtor, trustee or other person liable in respect of such debt or thing in action has notice

(a)that the assignment is disputed by the assignor or any person claiming under him; or

(b)of any other opposing or conflicting claims to such debt or thing in action;he may, if he thinks fit, either call upon the persons making claim thereto to interplead concerning the same, or pay the debt or other thing in action into court under the provisions of the Trustee Act, 1925.

 

You will note that while the assignment is required to be under the hand of the assignor, the notice to the debtor need not be. All that is required is that the debtor has express notice of the assignment. Express notice may be given by the assignor, assignee or some third party even.

 

A debtor mistrusting of a person claiming to be the assignee may enquire of the assignor for confirmation the assignment is genuine.

 

As for disputes, a dispute arises whenever creditor and debtor are not in agreement as to the rights and obligations which the one owes to the other. Where a creditor fails to comply in time with a request made under section 77 or 78 Consumer Creidt Act 1974, the creditor ceases to be entitled under the Act to enforce that agreement for so long as his failure to comply continues. If a creditor claimed a right to enforce the agreement whilst in default of his section 77 or 78 obligations and the debtor disputed that right, there would be a dispute. But it would only be a dispute about the right to enforce. It wouldn't be a dispute on the account, which by the nature of the language would be a dispute as to an amount owing. To place the account in dispute invariably involves the debtor raising as an issue that the creditor overstates his demand and to pointing to the way in which the creditor has overstated it.

 

If the debtor placed the account in dispute the creditor would be under a duty to take reasonable steps to investigate it and where the issue was found to be well maintained, to put the account right.

 

Disregarding a debtor's dispute would probably be unfair practice and possibly a breach of pre-action protocol if the creditor sued upon the agreement before completing a reasonable investigation. That is not the same as saying the commencement of legal proceedings would be unlawful. In my view and subject to something satisfactory to my questions in the following paragraph, and subject obviously to the creditor having an entitlement to sue provided by the Consumer Credit Act 1974, commencing proceedings would not be unlawful where the account was in dispute. The court will be able to decide the dispute and the rights of the parties generally, and may sanction the creditor in costs where it thought it right to do so.

 

When I ran a word search for 'assign'in The Data Protection Act 1998, The Consumer Protection from Unfair Trading Regulations 2008 and the OFT publication entitled 'Debt collection guidance - Final guidance on unfair business practices July 2003 (updated December 2006)', each time I got a 'text not found'. I would appreciate anyone able to quote the specific legislation or OFT guidance relied upon in support of the claim that either of the statutes contain provisions restraining a creditor from assigning an account in dispute.

 

x20

[Hopster]

Lexis - you are brill !

[MrMT]

subbing

[the_shadow]

Hi,

 

Just managed to receive my CCA from crap one, took it out online in may 2004. Front is the same as yours but back is slightly different and it appears there is a section 23??? looks suspect though

 

Edit: In fact at the top under the credit agreement bit it state :

 

These terms are taken from clauses 8, 10 and 23 of the terms and conditions you sign with us

 

Naughty naughty crapone

 

 

CCA Page 1

CCA Page 2

Edited March 7, 2009 by pmw1971

[beachcomber60]

Hi,

 

Just managed to receive my CCA from crap one, took it out online in may 2004. Front is the same as yours but back is slightly different and it appears there is a section 23??? looks suspect though

 

Edit: In fact at the top under the credit agreement bit it state :

 

 

 

Naughty naughty crapone

 

 

CCA Page 1

CCA Page 2

 

Same alledged cca as most of us!

 

Did they put it in writing that they'd not comply with your cpr request, only under continuous threat of court action from debitas I twice requested my agreement under cpr (by recorded mail) and twice ignored.

[the_shadow]

Same alledged cca as most of us!

 

Did they put it in writing that they'd not comply with your cpr request, only under continuous threat of court action from debitas I twice requested my agreement under cpr (by recorded mail) and twice ignored.

 

Hi beachcomber, yep they did put it in writing and see if you can guess who sent it :grin::grin::grin:

 

CPR Refusal Page 1

CPR Refusal Page 2

Edited March 7, 2009 by pmw1971

[beachcomber60]

Good ol' Ellie! True to form as usual.l

 

Funny how she always states 'we will defend any action ......' never 'we WILL take action ......'

 

Beachy

[sunflower99]

Hi beachcomber, yep they did put it in writing and see if you can guess who sent it :grin::grin::grin:

 

CPR Refusal Page 1

CPR Refusal Page 2

Hi PMW

Crap ones usual drivel! They dont seem to have the slightest clue about the law!still it would have been worse if they had come up with one! At least i think you can safely assume they have got a dodgy one as if they had one why dont they comply with your legal request and send it to you or arrange for you to view it so that the matter would be sorted ! sounds like they not got one! Are you going to write back and say that to them!

[sunflower99]

I am not sure if my next move to crapital one would be to send another informal letter pointing out defects and asking for an appointment or whether i should send that CPR request letter?

[sunflower99]

i am very tempted to send CPR letter!

[Hopster]

Of course they did. Debitas Legal Services is a trading name of capitao One bank (Europe)plc. It says so on the bottom of their letters.

I am being percecuted with calls from Debitas for Capital One for a credit card debt so will keep an eye on your progress. I have SARd Capone but as far as I can seec what they have sent to me does not include any signed agreement.

[version302003]

Of course they did. Debitas Legal Services is a trading name of capitao One bank (Europe)plc. It says so on the bottom of their letters.

I am being percecuted with calls from Debitas for Capital One for a credit card debt so will keep an eye on your progress. I have SARd Capone but as far as I can seec what they have sent to me does not include any signed agreement.

 

I started to get calls from their indian call center a couple of days ago. I refused to answer their security questions and they said they will keep ringing until i do. I told them they wont as i will be barring their calls immediately with bt's choose to refuse. They havent called since as I blocked their numbers

[sunflower99]

Hi Version!

Good on you!The overseas call center are beyond a joke!When i was going through the overseas call centre phase with crapital one one of them threatened to phone me every few minutes when i refused to talk to them!

[Hopster]

are either of you paying them anything, perhaps the minimum amount, or nothing at all, hoping that the CCA will be unenforceble ? (Like me)..

[version302003]

Hi sunflower, I forgot to add that I got a reply to the letter i sent in post 312 http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/172543-just-recieved-signed-capital-16.html#post1953904

 

They completely ignored the question of whether the cca was a cut and shut and stated that they have supplied a cca and they will no longer correspond.

[Hopster]

debitas call centre is in Montreal, canada.

[version302003]

debitas call centre is in Montreal, canada.

 

My account hasnt been passed to debitass in house dc yet. The calls I got were from cap1 call center in india