Just Recieved A Signed Capital One Agreement

[Audreygreeneyes]

have you thought of blocking thier number? there is a service BT supply, there is a quarterly charge of I think 1.50 youcan enter up to 10 numbers.... might be worth a thought , that woudl at least stop the phone calls.....

 

Or the next time tell them it is harrassement and that you will take action against them if they make any further calls. there is a thread about somewhere on that very topic

[sunflower99]

Silly here is a question for you, if they cannot provide a true signed copy of the original cca then the debt cannot be enforced!!! if there isno agreement?

 

they sent my mother a copy of ehr application form along witht he current terms and conditions. it has been passed over to the fsa and the oft....

Hi QAudreygreeneyes i was told that is should be signed to become enforceable

[sunflower99]

Hi QAudreygreeneyes i was told that is should be signed to become enforceable

lHi Audreygreeneyes ! but proably best to double check with an experienced CAGGER as if it was taken out in more recent years there may have been some changes in regulations

[sunflower99]

have you thought of blocking thier number? there is a service BT supply, there is a quarterly charge of I think 1.50 youcan enter up to 10 numbers.... might be worth a thought , that woudl at least stop the phone calls.....

 

Or the next time tell them it is harrassement and that you will take action against them if they make any further calls. there is a thread about somewhere on that very topic

If they get to bad i will!

[Desperate Daniella]

Hi Sunflower,

 

Today I received two calls from Capone. The first time I asked the guy to spell his name and he had to go offline for about five minutes to agree to do it. Then I asked him if he was familiar with CCA 1974 and he hadn't got a clue what I was talking about. I explained that Capone were in default as they had not supplied a copy of the original signed credit agreement. He put me on hold for a further five minutes and said it would arrive in 5-7 working days. I said I hoped it would be signed off as a true copy by someone in authority. He didn't get it at all. I am now expecting a bodged up copy.

 

Second call from Debitas came this evening. I asked the girl if she happened to be familiar with CCA 1974, and the fact that I am entitled to a copy of the original agreement. She said she wasn't calling about that, she just needed to get a payment - she wasn't "legal", she was "collections". Explained in words of one syllable that she couldn't have anything at all until I got a copy of the agreement and suggested that as she was working for a "legal" services firm she should maybe ask them for some legal training. She decided to end the call and wished me a nice day!!!!!

[Ragtaggeorge]

Using the BT call barring thing only works until all ten are filled up and that happens quickly. Send them the harassment template add stuff about: how desperate the calls make you feel; forcing you to change your number would result in damages being claimed by yourself; tell them you are recording all your calls; if you are the type start shouting foul abuse at them and put the feel good factor back into your life ;¬) In the end I just changed my BT number. There is some new legislation you can use have a look at the site docs.

[ScabHunter]

Hi Sunflower,

 

Today I received two calls from Capone. The first time I asked the guy to spell his name and he had to go offline for about five minutes to agree to do it. Then I asked him if he was familiar with CCA 1974 and he hadn't got a clue what I was talking about. I explained that Capone were in default as they had not supplied a copy of the original signed credit agreement. He put me on hold for a further five minutes and said it would arrive in 5-7 working days. I said I hoped it would be signed off as a true copy by someone in authority. He didn't get it at all. I am now expecting a bodged up copy.

 

Second call from Debitas came this evening. I asked the girl if she happened to be familiar with CCA 1974, and the fact that I am entitled to a copy of the original agreement. She said she wasn't calling about that, she just needed to get a payment - she wasn't "legal", she was "collections". Explained in words of one syllable that she couldn't have anything at all until I got a copy of the agreement and suggested that as she was working for a "legal" services firm she should maybe ask them for some legal training. She decided to end the call and wished me a nice day!!!!!

 

This just shows what happens when you engage these lunatics on the telephone - you either get the trained harasser who behaves like a crazed dalek issuing bogus threats, or else you get some overgrown primary school child who doesn't even understand the basic terminology of the job they are supposed to be doing.

 

If you keep asking them to spell their names, they will all have to change their name to 'Al'. Now, where have I come across 'Al' and 'Capone' before?

 

It will be very interesting to see what comes back in response to your CCA request, especially now we have seen the "creative" element of the reply to sunflower99's request.

 

It looks like somebody has added some sticky tape and paper glue to the Crap One crayon set.

 

SH

[sunflower99]

i got another call from Debitarse and got them to put down phone on me second day in a row!:Dsame man as yesterday! i think!Kept telling him communication in writing again! He kept pretending he couldent understand me! LOL and then kept asking me why!He eventually slammed phone down i! Very rude that he did not say goodbye or have a nice day!

[Desperate Daniella]

Well how mean is that?

 

The problem with all the debitarse muppets is that they actually haven't got a clue what they are on about at all. They work to a script. If you ask a question which isn't on their list of bog standard replies they don't know what to say so keep repeating the same lines: "But I am phoning today about a payment." "I have to advise you that you are in arrears and you owe ....." Doesn't matter what you say about Capone's default, because their brains haven't been programmed to deal with that response.

[citizenB]

Hi Sunflower, looks as though you are becoming quite an experienced DCA, putter downer

 

Happy New Year

[sunflower99]

Hi Sunflower, looks as though you are becoming quite an experienced DCA, putter downer

 

Happy New Year

Hi CitazenB!

yes my OH says im getting quite good with DCA phonecalls!:Dit cheered him up and gave him a laugh!It is a great feeling being able to stand up to these DCAs on the phone now.Everytime the phone rings now i tell myself that it is my telephone! and i can choose who i do or do not talk to on it!and that i dont have to put up with their bullying harrsement insults or threats on my own phone and we dont pay for our telphone line to allow DCAs to do this to me or OH!its funny though but i never thought like that until i joined CAG!I used to be the sort of person much to polite to put phone down on an annoying telesales person!and used to be held captive for ages listening to their drivel!Dare i say it!but i quite missed my usual evening call from my Debitarse man on new years eve! as i was going to try for the challenge of making him put the phone on me a third time! and achieve a hat trick!Happy new year to you to Citasen B and thanks for all your help and advice! and hope we can countinue to give these DCAs a hard time in the new year!

[bobbysox]

Hi all, I'm following this thread with interest and have found a few points I may be able to use in my Cabot issues. I would just like to second Sunflowers thanks and good wishes to you all, your help and advice is so valuable to people like me, it makes me feel quite humble - thankyou!

 

Bobbysox

[sunflower99]

Hi all, I'm following this thread with interest and have found a few points I may be able to use in my Cabot issues. I would just like to second Sunflowers thanks and good wishes to you all, your help and advice is so valuable to people like me, it makes me feel quite humble - thankyou!

 

Bobbysox

Hi Bobbysox!

I am delighed my thread has been a help to you!Thats what this forum is all about helping each other and pooling all our knowledge and experinces with our debt issues!:)so we can try and beat these greeedy banks together!best wishes to you too and i hope you have a sucessful new year winning against these horrible DCAs too

[sunflower99]

Hi CitasenB

I just received another letter from crapital one to my last letter saying that they still countine to insist that their CCA is fully enforceable and encouraging me to report them to the FOS.They said that they are dating their final response from end of OCT even though they had not then sent that signed application form for me to respond to they only sent that signed application form a very short while ago and a long time after their final response! but they are now dating final respose from end ofOct which i think is unfair as starting six month clock ticking well before they sent application form they are now trying to alledge is a CCA!as in spite of final response they sent that signed application form so really the six month time limit should start from when they sent that application form a short while ago not from when they sent me that other rubbish!This latest letter was in respnse to ZA short letter they advised me to write saying it was my final respnse and i still did not accept it was a enforceable CCA blah blah!and i would not be communicating with them about mattter again! but now i received another letter from Crap One!.I was given another letter on one of my other threads which i think is quite a good one to send crapital one but not sure now whether it is a good idea or not?as i have already sent a final response letter to crapital one!but now wondering if i ought to send one to Debitarse saying that though i have given a final respnse lettter to capital one but as they are a serperate in house collection dept fot Capital one i am sending letter in response to them as they are at moment taking over my account that i still countinue to put account in dispute and send this letter pointing out defects in CCA letter and actually asking them to give me a chance to inspect CCA! which i think is a good move!

Edited January 3, 2009 by sunflower99

[sunflower99]

Dear

 

Thank you for your letter dated 25 November 2008 and the attached documents in response to my Statutory Requests for true copies of the properly executed Regulated Consumer Credit Card Agreements in relation to both alleged Accounts. Unfortunately neither responses have produced any evidence that either of the Agreements are Enforceable.

 

Both of the alleged Agreements appear to be unenforceable for the following reasons:

 

1. Both documents are Application Forms and neither carry the correct title if they are to be considered suitable as becoming Agreements once properly executed. The missing Title being 'Credit Card Agreement Regulated by The Consumer Credit Act 1974.'

 

2. I am entitled to receive a true copy of the Agreements and such true copies must be easily legible. Neither agreement is a true copy, nor are they easily legible. Various parts of the copies are defaced and obscured by barcode stickers, random signatures. Both are also hard to read due to poor quality copying. Furthermore, one of your Signatures appears to be within the Debtor's Signature Box.

 

3. The Agreements must contain the prescribed terms within the four corners of the Agreement, neither agreement has the prescribed terms within the four corners and furthermore no where on the front is there any reference to terms and conditions being on the reverse.

 

You should be aware that a creditor is not permitted to take ANY

action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit including but not limited to Trading Standards, the Office of Fair Trading, the Information Commissioners Office, The Financial Ombudsman Service and my MP .

 

 

If you have the original of my alleged Agreements available I request that I be allowed to view them at your offices so I can verify them as the alleged documents that I signed.

 

I must also remind you that any court action you may choose to take would require you to produce the original of the alleged A[

i look foward to hearing from you within 7 days.

[sunflower99]

I think the above letter amended to suit would be a good one to send! and i like the extra issues it brings up such as incorrect headers and asking for arrnagement to be made to view the original!:Dand if they decline it will be another thing i can bring upm if they or another low life DCA attempts to taike any action against me!

[sunflower99]

Hi citasen B and others interested in this thread i hope my rambling posts make sense! I am not very good at short to the point posts!LOL A lot of my posts and letters turn into mini books!

[sosumi]

Hi citasen B and others interested in this thread i hope my rambling posts make sense! I am not very good at short to the point posts!LOL A lot of my posts and letters turn into mini books!

Hi Sunflower - just sending you a hug! xx

[sunflower99]

Hi Sunflower - just sending you a hug! xx

Hi Sosumi!Thanks for hug! i send one back xxx:) Hope your new year will be a good one and that we can countinue to give grief to the DCAs!

[sosumi]

Fingers crossed SF...

CapOne are operating from smaller offices this year... A good sign, I hope

[Ragtaggeorge]

Thanks for the green - I am getting a taste for it

[sunflower99]

Fingers crossed SF...

CapOne are operating from smaller offices this year... A good sign, I hope

Hi Sosumi!

We can but hope! Thanks again for your moral support!i do get a bit down this time of year at the best of times wondering what fresh horrors the new year will bring what with my husband not being well and being in debt and now this year a big battle with banks but at least now im on this forum i know now i can put up a fight against these greedy banks and will get loads of advice and moral support from you wonderful folk on here and what ever threats and things these DCAS attempt to do they will have a big fight on their hands:D and it is brilliant this forum put me in the know about this CCA thing and know realise that what MBNA and crapital one sent me could be pulled to pieces if there is any attempt to enforce these unenforceable CCAs!:grin:Sunflower xx

[sunflower99]

Thanks for the green - I am getting a taste for it

Thats ok Ragtaggeorge i will try and give you some more greens when i can!

[sunflower99]

i just got another call from Debitarse!This time i asked the woman to spell her name.She was not very keen!I wanted to try and wind her up though she did spell name in end!I told her that i wanted communication iin writing and that i refuse to discuss about alleged derbts on the phone but i suppose it is probably best to stick to saying Communication in writing and not mention the word debt at all but i reffered to it as an alleged debt making it clear thats what i thought of it as!

[Desperate Daniella]

Hi Sunflower,

 

Isn't it interesting that the Debitas lot are sooooo uncomfortable about giving their exact names. They are usually given quickly and sound really garbled, and if you ask them to actually spell their name they get really nervous. Don't know what I'll get next through the post but will post here.

 

DDxx