Just Recieved A Signed Capital One Agreement

[beachcomber60]

Morning one & all

 

just posted by UKAVIATOR

 

http://www.consumeractiongroup.co.uk/forum/capital-one/205996-message-ellie-renshaw.html

 

 

Beachy

[citizenB]

Capone fans, I didnt realise that when an account is sold on and the DCA registered its own default with the CRAs, the reporting period started over...

 

You may wish to sign the petition in the following link, in the hope of preventing this attempt to circumvent the statute of limitions

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-2250539.html

 

Please sign.

[keefyboy]

I have willingly signed your petitiopn CitizenB

 

I was told by someone in legal circle a few years back that only one Default marker can be placed with regards to one matter.... you have me wondering now.

 

When I had my default placed on by CITI, the account went on to a DCA and nothing else was put on by them, even when I couldn't afford to pay them as well....

[yourturntopay]

I've signed

[silverfox1961]

I've signed too

 

On to Crap1. They got served with my court papers yesterday and they have to reply by 9 july.

 

If this actually ends up in a court room, I will need help as I haven't a clue:D

 

fox

[keefyboy]

We will all be there cheering you on from the public balcony, ...

 

I personally don't think they will let it get that far..... but if you do you will need a buddy.... can anyone help FOX (I said help him, not shoot him with the shotgun....) as he enters the hole (the court)

[silverfox1961]

Morning Keefy.

 

Whatever tablets you're on- Can I have some

 

Actually, I don't think they will have a public gallery and if you started cheering me on, the judge wouldn't be too happy but it would be fun to try

[keefyboy]

Afternoon Fox

 

Corr yeah wouldn't it be fun, all in front of Ellie

 

I worked out the other evening that I hit above the level for remission on the fees by about £120 a year... oh well CapOne will be paying them back soon anyway, so on either Teusday or Wednesday next week we will take a wander in the Evil Sherrifs land and forced the Sherrif to deliver the letter to C1 and then they will have 2 to sort out, vewry quickly cause I am sure there is gonna be a rush after we see what happens with ours... and C1 have to back down from their threats and deliver.....

 

Just a quickie, have you seen my thread with crap1 one, I put a question on there and no one wants to know me... boo hooo :cry::cry::cry:

 

Then I am going to sort them out as well. There will be a few questions on there because its not as straight forward as Cap1 seems to be at the mo.?

 

 

KB

[HammyUK]

Signed - they've gone VERY quiet at the moment with me.

[beachcomber60]

Grrrrrrrrrr ! ! !

 

Reference my letter #1080, CapQ have replied 'acccount on hold until **July '09 whilst we investigate.

 

How many times do they have to investigate?

 

Beachy

[Capricorn1601]

I've Signed too:D

[GamekeeperToPoacher]

We will all be there cheering you on from the public balcony, ...

 

I personally don't think they will let it get that far..... but if you do you will need a buddy.... can anyone help FOX (I said help him, not shoot him with the shotgun....) as he enters the hole (the court)

 

I will happily volunteer with or without shotgun:)

 

GK

[angry cat]

Not surprised to hear about this.

But, according to the ICO, a default can on be recorded and kept on the CRA files for six years!

 

AC

[sunflower99]

If you are using services of a claims management company we would remind you of the recent warnings issued by the Minsitry of Justice and Citizens Advice Bureau. You can find more details about both at :

 

http://justice.gov.uk/new/newsrelease170209a.htm and

http://citizensadice.org.uk/press20090217

 

The Ministry of Justice headline reads "Buisiness that mislead the public by claiming that they can arrange for unpaid loans. credit card debts or other consumer debts to be written off have been told to stop or face action Justice Minister Bridget Prentice said today, as new guidance was issued by the Ministry of Justice ".

Some one new to Cag just got this reponse from Halifax! beggers belief dosent it! The arrogance of Halifax! shows how desperate these plonkers getting!

[sunflower99]

How dare they try and make people belive they have no recourse to use Consumer Credit Act 1974! and that other people not entitled to pass deatails of the law to them!Next thing is these banks will be banning law books!

[sunflower99]

This is still a free country! Well just about!The arrogance of these banks! Another dictator springs to mind who passed a law to burn books he did not like in 1930 s!

[sunflower99]

Halifax should have it pointed out to them that the draughtsmen francis Bennion who wrote The Consumer Credit Act 1974 provided s127(3) on purpose to protect consumer and actually stated that if a crediter could not be bothered to ensure the correcct prescribed particulars were not accuratly included in the credit agreement it deserveed it to be be found unenforceable and that the courts should not have the power to relieve them from this penalty!Halifax is trying to imply that us ordinary consumers should not have access and protection from the law and the section Francis Bennion worte in to give us some prtection to protect us !

[sunflower99]

Consumer Credit Act 1974 s 127(3)

As the draftsman of the Consumer Credit Act 1974 I would like to thank Dr Richard Lawson

for his interesting and well-argued article (30 August 2003) on

Wilson v First County Trust

Ltd [2003] UKHL 40, [2003] 4 All ER 97.

Dr Lawson may be interested to know that I included the provision in question (section

127(3)) entirely on my own initiative. It seemed right to me that if the creditor company

couldn’t be bothered to ensure that all the prescribed particulars were accurately included in

the credit agreement it deserved to find it unenforceable, and that the court should not have

power to relieve it from this penalty. Nobody queried this, and it went through Parliament

without debate. I’m glad the House of Lords has now vindicated my reasoning and confirmed

that nobody’s human rights were infringed.

167 Justice of the Peace (2003) 773.

[sunflower99]

I would stick that quote in any letter to a bank if they had the arrogance to say that i was not entilled to use or find out the law!

[sunflower99]

If you are using services of a claims management company we would remind you of the recent warnings issued by the Minsitry of Justice and Citizens Advice Bureau. You can find more details about both at :

 

http://justice.gov.uk/new/newsrelease170209a.htm and

http://citizensadice.org.uk/press20090217

 

The Ministry of Justice headline reads "Buisiness that mislead the public by claiming that they can arrange for unpaid loans. credit card debts or other consumer debts to be written off have been told to stop or face action Justice Minister Bridget Prentice said today, as new guidance was issued by the Ministry of Justice ". Quote taken from

 

quote taken from Eggies thread!

 

 

http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/206664-halifa-cca-recieved-but.html

[keefyboy]

It looks like these CC companies have found something else to put into their letters. I have had this exact same letter from LloydsTSB. But I'm not a Claims Management Company so I can carry on... Next stop Is SAR this week..

[keefyboy]

When me and the wife were in financial problems in Wales (before *&)$%"£?{@ Rock ) came along, we approached Debt Free Direct, they sent us the forms and we filled them all in and returned them with all the evidence they required, they were going to do an IVAfor us as we had debts over £18K... weeks came, then a months then 2 months and after about 10 weeks we phoned them up to see what was going on, and the reply was "You can't have an IVA because 40% of your income is from benefits !! "

 

They said to the misses, we sent you a letter, and when we asked about our evidence they said "oh we keep that to show that we had tried for you"... We have never received ANY Corresponfdance from them other than the compliments slip with the pack and the letter they sent all our stuff back in.

 

I launched at about Mach 3 onto the phone and gave them what for (and I didn't swear once because I knew the calls were recorded) and the answer was, "Ok we will send them back to you but we will have to photocopy them all and you write a letter confirming that we tried to do it for you"

My reply was still civil but growing louder:shock: by the second and I asked for the CEO's name, head office address and told them that if they photocopy anything I will take them to court under the Data Protection Act, as they had no authority and no permission to hold my copy documents, and they certainly were not getting a letter from me, except via my solicitor. The girl then asked about their fees, and |I said WOT FEES ? and for some reason she hung up very quickly.:mad:

 

I have spoken to a couple of other people who had the exact same problems with Debt Free Direct. In my eyes they are the sort that need to be struck off...

[carteroo]

is a cca only applicable if you had a credit card before apr 2007? so for example if you took a credit card out in sept 2007 would they have to supply you with a credit agreement or not??

[sunflower99]

It looks like these CC companies have found something else to put into their letters. I have had this exact same letter from LloydsTSB. But I'm not a Claims Management Company so I can carry on... Next stop Is SAR this week..

Hi Keefyboy!

My argument is though is whether it is a debt management company or a lawyer or Cag or a friend it is still a cheek of these banks telling people they not entitled to give advice or pass on knowldge about the law!whether it be free as in case of CAG and friends or paid for in the case of a Debt management company or a soliciter!Its not as if these organisations not telling the truth!

[sunflower99]

if i got a letter like that i would point out it is a basic human right to have advice acess to and use the law even if it not in banks favour! and whether it be from a debt management company or Cag or a lawyer or a friend or relative we are all entitled from whatever source to help advice and knowledge about the law including the The Consumer Credit Act 1974 !Even a Debt Managfement company trying to make a quick buck out of situation is entitled to pass on and educate the Consumer about the laws in place to protect them and to me i can not see the difference between paying for and seeking the advice of an Debt management company or between a lawyer specialising in the consumer Credit Act issues as it all boils down to the same!We are all entitled to know our rights and its not as if they are being misleading people as both a lawyer and Debt management company both only pointing out the s 127(3) of consumer credit Act designed and written to protect the ordinary consumer and making a living out of it!Though obviously its better for us discovering CAG and not having to pay huge fees of course ! but still a gross infringement of human rights if bodies like the Ministry of justice and banks takeing action against organisations who are only telling people their legal rights and if that ever happens i will be ashamed of this country