Just Recieved A Signed Capital One Agreement

[sunflower99]

Hi pdaddy,

 

I'm going through this at the moment with MBNA - bit further along now - waiting for a hearing date. Don't take the calls - they will get nasty & make threats & try to bully you into paying while ignoring anything you ask for - they really are quite rude! I had one particularly obnoxious idiot who kept ringing back when I hung up. I started putting the phone next to the TV so he wouldn't get lonely talking to himself. The calls soon stopped.

 

Make the same request for the 'true certified copy of the agreement' only this time do it under CPR rules assuming they are making threats of further action. None of this will make the slightest difference - they really are a******s. Treat the DCA's the same way & if they threaten to call round send the standard letter revoking permission for them to do so.

 

Keep a log of everything & don't throw envelopes away - especially the one with the default notice when it comes.

 

Once they have ignored the CPR request you have a choice - sit back & wait for them to start legal action or sell the debt on or give up - or instigate your own legal action for disclosure. I didn't do the SAR request until they instructed solicitors then you have all the information - suprise suprise they now cant provide a copy of the agreement due to retrieval problems.

 

I have got to the point where they are going for summary judgement & trying to take the house. I followed Sunflower's route & at this point instructed a solicitor under a CFA agreement. I'm now looking forward to MBNA getting mugged in court. You can do the court bit yourself if you have time & are confident in being able to counter all their arguments & recognise the bulls**t. Just remember the judge is unlikely to help & it is up to you to pick holes in their arguements & defend your own position.

 

I decided that as my house was at stake & the solicitor is free under a CFA agreement (assuming he likes your case) it would be nice for MBNA's solicitors to have a chat with my barrister in court.

 

My wife is a lot happier now & the pressure is off.

 

All the best & chin up.

 

BM

Hi Bloodmoney

Thats great that the soliciter who helped me with MBNA is helping you too:D and i am glad your wife is a lot happier,I know how you feel and what a relief it is to have a decent solictor who tells you not to worry and to leave the worrying to them:) Its a great weight of my mind that i dont have to drag all the case laws onto bus to read ! LOL or get myself in such a state that i was neglecting my own health which was happening to me!

[sunflower99]

hi all, i have read pretty much all this thread from the start.. so i know a little, but still cant find what i do next.

 

me and wife both have Crapital one card, sent CCA letter, got back a lame letter with no signed 'true executed copy' and some reference on how they dont have to supply us a true executed copy under some data protectiion legislation - anyone else had this from them? i sent back the standard reply template from this very site sayignthey breeched the CCA blpah blah and have to respond - i also put in big letters on my letter ACCOUNT IN DISPUTE, all letters sent recorded.

 

thing is, they havent responded to either me or wifeys replies to them?

 

they keep calling her and tryign to hassle her for payment etc, calling her mobile, home phone - i have now started her a log of times/dates of phonecalls etc. she keeps tellign them, the accoutn is in dispute and you need to repsond to my letters but they keep asking "wheres your payment, your account is in arrears etc"

 

they havent been chasing me yet... just a text message askign me to call them (as if)

 

my wifes very concerned, i have got her to read this thread, which she has read part of.

 

i jsut need to know if anyone else has experinced, and recived what we have, what to do next, and how we proceed, as the 2nd letter that we sent says you have 14 days to respond... im not sure the next course of action we take, if any?

 

please help, and thanks in advance

 

Pete

Hi Pete

I dont mind you asking advice on my thread so dont worry but people are advising you to start your own thread so you will get a lot more help and attention specfic to your crapital one problem.Take heart they always try to make your life a misery with loads of phone calls but just stand your ground and they will eventually give up when they see they wasting their time,Also in many cases if it is a dodgy alleged agreement they quite often leave people alone after a while but be prepared for a bit of pass the parcel with your account,Just show each pondfeeder you know your rights and usually in the case of crapital one if they not got an enforceable agreement they usually give up,

[MONTY]

I have applied to Capital One for ther original CCA. They have responded by saying

 

'Unfortunately, I'm unable to action your request because the signature that we hold on file doesn't match the one on your last letter to us.'

 

I know Capital One can not produce an original agreement with my signature on it. I have taken to just putting a squiggle as a signature on my letters as I fear they may scan my signature fro other corrospondence and falsify an agreement.

 

What can I do?

[silverfox1961]

Just received a letter from Cap1. I shall copy it down for you

 

Dear Mr. Fox

 

IMPORTANT INFORMATION REGARDING YOU SUBJECT ACCESS REQUEST

 

You wrote to us recently requesting copies of the details we hold on the above account. Unfortunately some of the information was omitted from the original response.

 

Enclosed with this letter is the missing information. This is the final item to be sent to you under your request.

 

Please accept our apologies for any inconvenience caused by the delay in getting this to you. If you have any questions on this please call anytime on XXXXXXXXXXX

 

 

Yours blah-de-blah

 

Enclose with the letter was a copy of my application (I've stopped calling it my agreement:))

 

The only thing is, it is now the fourth copy they have sent me:D

 

The ineptitude just beggars belief

[lexis200]

I have applied to Capital One for ther original CCA. They have responded by saying

 

'Unfortunately, I'm unable to action your request because the signature that we hold on file doesn't match the one on your last letter to us.'

 

I know Capital One can not produce an original agreement with my signature on it. I have taken to just putting a squiggle as a signature on my letters as I fear they may scan my signature fro other corrospondence and falsify an agreement.

 

What can I do?

 

It's irrelevant whether or not the signature matches as they don't need your signature to action a CCA request.

 

I'd write back to them telling them that they know full well a signature is not required when asking to see a copy of the agreement, and the clock is still ticking on their response.

[lexis200]

I've just found this letter in my files which I think would do you nicely - It's not one I did but I can't credit whoever's it is as I don't have that info:(

 

RE Account NO XXXXXXXX

 

Thank you for your letter dated xx/xx/2008 the contents of which are noted

In your letter you make reference to requiring my signed authorisation /specimen signature** before you comply. I draw your attention to the fact that the Consumer Credit Act 1974 does not require that i supply you a copy of my signature before you comply with my S77/78** request.

 

If it is for Data Protection purposes then i can happily supply you with documentation to substantiate my identity to you.

 

However please note that to date you have happily sent statements and correspondence containing extensive sensitive private information to my address. I have to ask if you are concerned that you are corresponding with the correct person why has it taken so long to raise this?

 

As you are aware, disclosing data without adequate checks of identity is contrary to the 7th principal of data protection, listed in schedule 1 of the Data protection Act 1998:

 

7. Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.

 

My request for a true copy of my credit agreement under section 77/78** was made on xx/xx/2008 and the 12 working days for your compliance expire on xx/xx/2008. I note that there is no provision that removes the requirements of the act to provide this information on time, even if you are unsure of my identity.

 

I look forward to receiving the documentation requested

 

Regards

[AA99]

I had exactly the same back on 2 accounts with them, stopped paying about a year ago and heard nothing since What's the bet they're the next lot to go under? Bunch of *******s:cool:

 

 

Spoke too soon:eek: 2 Letters today, in the same envelope:eek:, from Crap1 giving notice of assignment to Lowell, and letter from Lowell confirming they'be bought it:eek: Don't know who posted it:D

 

Will update in my own thread

 

http://www.consumeractiongroup.co.uk/forum/capital-one/164583-aa99-capital-one.html

[Desperate Daniella]

Got the same a fortnight ago. Phoned FOS and they had told me to write to capone back in March and I never received a reply. After they were contacted by FOS they sent a letter saying you owe, you owe yawn, yawn. He also said they has sent the agreement twice - wrong - they sent just a copy of a signature box on a bit of paper - nothing else, just the signature box - and their current t & cs. Obviously no reference whatsover to my request to visit my agreement.

 

Have had too much on for the past few days to bother with it, but did have one thought:

 

Why don't we all write to FOS on the same day saying that we have been asking capone repeatedly to let us see the agreements and they are refusing. Maybe if FOS are swamped with capone complaints on the same day they might actually do something?

 

What do you all think?

[beachcomber60]

AA if you've got one that means mines on its way

 

Seems they are sending out loads at the moment, perhaps their short of money and tryin to sell off their books.

 

DD Sounds good to me, really got annoyed when they wouldnt let me visit Nottingham to view the agreement and end the dispute.

 

Beachy

[AA99]

Got the same a fortnight ago. Phoned FOS and they had told me to write to capone back in March and I never received a reply. After they were contacted by FOS they sent a letter saying you owe, you owe yawn, yawn. He also said they has sent the agreement twice - wrong - they sent just a copy of a signature box on a bit of paper - nothing else, just the signature box - and their current t & cs. Obviously no reference whatsover to my request to visit my agreement.

 

Have had too much on for the past few days to bother with it, but did have one thought:

 

Why don't we all write to FOS on the same day saying that we have been asking capone repeatedly to let us see the agreements and they are refusing. Maybe if FOS are swamped with capone complaints on the same day they might actually do something?

 

What do you all think?

 

 

I absolutely agree DD I have had exactly the same treatment as you and Beachy, however, I have had this case with the ICO since March 2009, last correspondence received from them 22 April confirming they'd received all my documents. Just called them to ask what's happening and the ICO 'have a bit of a backlog' and it's waiting for a Case Number. Could I please send them the letters showing it's been sold:D

[Desperate Daniella]

"A bit of a backlog." Six months!!!!!!!!!!!!!!!!!!!!!

 

I think I mentioned before that when I spoke to FOS I rather got the impression that capone are one of their regulars.

 

Obviously we don't want the letters arriving at the end of the week, so can we all post on Monday? And this can be posted on the other threads too, so that should provide a nice mailbag for FOS on Tuesday or Wednesday, and a nice headache for Ellie & Co at capone.

[citizenB]

Spoke too soon:eek: 2 Letters today, in the same envelope:eek:, from Crap1 giving notice of assignment to Lowell, and letter from Lowell confirming they'be bought it:eek: Don't know who posted it:D

 

Will update in my own thread

 

http://www.consumeractiongroup.co.uk/forum/capital-one/164583-aa99-capital-one.html

 

 

They must have sent out a batch of these.. I received one. Hmmm, now is this one I am going to ignore.. I will think about it until any reply can get lost in the post office strike

[AA99]

Wow, CitB, you're about the 5th person to tell me that today! Aren't they just the strangest lot of blood-sucking leeches. Check back in on my thread in my link to see the advice I'm getting

[enoughisenough]

Enclose with the letter was a copy of my application (I've stopped calling it my agreement)

 

The only thing is, it is now the fourth copy they have sent me

 

The ineptitude just beggars belief

 

Is Ellie still there? I got promoted (demoted?) to Jamie Bell (thought he was Billy Elliot??) and then someone else called Eric or Ed or something - i forget, but then attention to detail is NOT one of their strong points either, otherwise they'd have had the effing agreement intact under law and all wouldn't they?

 

I got the same cojones today as well. A really, really bad photoshop job. Oh dear...having used CPR 31.16 I now feel duty bound to issue a letter before action. Pity I'll have to now formulate a particulars of claim which of course should be (under principles of freedom of information) made widely available.

[AA99]

LOL My letter was addressed

 

Dear Mrs AA99

 

blah blah blah sold to Lowell blah blah blah

 

FULL STOP

 

No Yours nothing....................

[enoughisenough]

mmm....

 

No recognisable signature from your records...? I'm afraid you are going to have to write back and say their communication cannot be acknowledged or processed since the absence of a signature means you cannot compare it with signatures from your previous records!

[cashins]

I think I mentioned before that when I spoke to FOS I rather got the impression that capone are one of their regulars.

 

 

On new complaints to the FOS, out of the c card operators Capital One Have the 2nd highest number of complaints (1744), only outdone by............MBNA (2298).

 

Of resolved complaints, Capital One have the highest % (at 91%) being resolved in favour of the customer.

 

The company is crap.

 

David

[AA99]

On new complaints to the FOS, out of the c card operators Capital One Have the 2nd highest number of complaints (1744), only outdone by............MBNA (2298).

 

Of resolved complaints, Capital One have the highest % (at 91%) being resolved in favour of the customer.

 

The company is crap.

 

David

 

 

Oh, what a shame............ :twisted:

[Desperate Daniella]

So Capital One only need about another 560 - say 600 - to come top?

[AA99]

On new complaints to the FOS, out of the c card operators Capital One Have the 2nd highest number of complaints (1744), only outdone by............MBNA (2298).

 

Of resolved complaints, Capital One have the highest % (at 91%) being resolved in favour of the customer.

 

The company is crap.

 

David

 

Strange that my biggest headaches have come from 3 x MBNA accounts and 2 x Cap1

 

mmm....

 

No recognisable signature from your records...? I'm afraid you are going to have to write back and say their communication cannot be acknowledged or processed since the absence of a signature means you cannot compare it with signatures from your previous records!

 

And most of the OC's even refuse to respond to a CCA or SAR request with no signature on the letter - 2-edged sword swiping again

 

So Capital One only need about another 560 - say 600 - to come top?

 

 

Yes,

[sunflower99]

Crapital one seem to be crawling out from under their stone! I wonder when i will get my Lowells letter! At least there are plenty of threads about the Leeds Loosers ,

[sunflower99]

Wow, CitB, you're about the 5th person to tell me that today! Aren't they just the strangest lot of blood-sucking leeches. Check back in on my thread in my link to see the advice I'm getting

Hi AA99

I am starting to feel left out now! LOL Wheres mine?

[beachcomber60]

Crapital one seem to be crawling out from under their stone! I wonder when i will get my Lowells letter! At least there are plenty of threads about the Leeds Loosers ,

 

Looks like there'll be a coach(es) trip to Leeds now & not Nottingham

[sunflower99]

Looks like there'll be a coach(es) trip to Leeds now & not Nottingham

Hi Beachy!

Yes it looks like it will be Leed now not Nottingham for our coach trip!:DCrapital One seem to be getting desperate to claw a few pennies in! :DHave you heard from Lowell yet?

[beachcomber60]

Hi Beachy!

Yes it looks like it will be Leed now not Nottingham for our coach trip!:DCrapital One seem to be getting desperate to claw a few pennies in! :DHave you heard from Lowell yet?

 

 

No, I feel like you - left off the list Mind you theres still todays post to spoil things for the weekend.

 

Possibly one good thing that may come out of this - if the Leeds Losers have bought all the Caggers capone accounts they aint gonna get any pennies in return, so it could spell the end of them & send them down the U bend