Just Recieved A Signed Capital One Agreement

[sunflower99]

I told them last August to take me to court - they haven't .

 

With Debitarse threat-o-grams I have twice asked for a copy of my orginal signed agreement under pre action court procedures - never got a reply.

 

Soooooo speaks volumes of the enforceability of these 'agreements'

 

Beachy

Hi Beachy if you used CPR procedure to get to look at original!and they did not reply it does indeed speak volumes! :Dso as my ccca identical to yours! Dosent look like i will be getting an invite to go to Nottingham or London to look at mine then!At least if any action taken against us on our Crap one accounts we can tell judge that we tried to save court time by making a reasonable request to see the originals!

Edited January 22, 2009 by sunflower99

[sunflower99]

Hi Sunflower

 

Seems there are a number of us who have received the same “agreements” from Crap One. What we need is to find out exactly where we all stand and I think the best way to do this is for someone to call there bluff.

 

As I have stated on my thread my situation is such that even if they went to court and won I would be no worse off, with that in mind I am happy to act as the guinea pig.

 

I will write to them stating that I doubt the validity of these documents, that I will not pay them a brass farthing and if they want to take the matter to court the had better get on with it

 

I will draft a letter and post it to get other’s input before I send it, but that will have to wait until tomorrow as I am off out for a pint

 

Nosnibor:)

Hi Nosnibor! Good on you! It looks like by Beachys experience Crap one do not have anything to show us!:DDrat no nice day out to Nottingham!

[Gazza112]

Hi Sunflower

 

Hope everything is fine with you, i see you've not had any luck with these people with your CPR. I'm in the same boat as you not heard a thing from them. Been very quiet in the letter and phone department, the must all be watching there phone bill and postage costs lol.

 

Gaz

[sunflower99]

Hi Sunflower

 

Hope everything is fine with you, i see you've not had any luck with these people with your CPR. I'm in the same boat as you not heard a thing from them. Been very quiet in the letter and phone department, the must all be watching there phone bill and postage costs lol.

 

Gaz

Hi Gaz!Same here with Crap One! No phonecalls or letters!:DIts amazing! They must be saving on their phone bill paper and stamps!Things must be desperate!:DActually i have only sent them an ordinary letter asking for an invite from them to view my alleged agreement at their office! I have not yet used a formal cpr 31.16 request ! I am waiting eagerly for my invite to Nottingham!

[missdpd]

Hi misdpd

I bet you cant wait to see what Crap one comes up with for you after seeing all their examples of bog paper they send us!:DWelcome to CAG!

 

Well they still havent sent me mine, 12+2 is up at close of business on Monday, damn it didn't buy any bog roll this week either in my anticipation!

[lexis200]

Don't worry missdpd, they sent mine speccy delivery the day before it was due. Of course it had been compiled nearly 3 weeks earlier, but apparently they like to keep you guessing.

 

Don't go buying that loo roll just yet...

[sunflower99]

Hi misspd!

So dont despair! You may get your bog paper yet!:Dand if you have not been defaulted by them yet you will probably get a nice little default notice the day after!:eek:as they seem to want to terminate peole who have the gaul to ask them for their CCA!

[beachcomber60]

Is this a new ploy?

 

OH & I have both been 'terminated' however, OH keeps getting emails stating that latest statement is available online, when trying to log on OH is told to ring for new password.

 

Have absolutely no idea what charges are being added to this account.

[lexis200]

Are they not sending you paper statements beachcomber?

 

If not it's a bit odd to decide to let you have them online (or not as the case may be!)

 

If you've been terminated I don't think they are meant to add charges etc are they?

[Fangio of the nineties]

Wow, ! I've finally found the Cap 1 crowd...I'm having some fun with Ellie Renshaw myself...in response to my cca request they tried to fob me off with a current t&c's...obviously this triggered the dispute letter..

 

and to be fair they did stop calling for a while...

 

but now they're back.. and Ellie has Kindly sent me a signed copy of my cca..

 

Trouble is.. i'm sure it's hookey, and has been cobbled together from other docs ... there are odd "ghost" images of a bleed from the other side of the document which just don't add up..

It also had printed my name and address on it -- something i can never recall signing or seeing..

 

I need to dispute it but wouldn't mind the opinion of those who've seen more of these than me..

 

my thread here..I'v a couple of other caggers TOXIC, tracy, etc having their own battles with mbna etc ..who have been helpful.. ut i've not come across anyone yet who has had quite the same paperwork as me..

 

sorry to highjack.. but all opinions gratefully recieved..

 

link here...

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/178832-cap-one-agreement-recieved.html

 

 

FOTN

[citizenB]

Is this a new ploy?

 

OH & I have both been 'terminated' however, OH keeps getting emails stating that latest statement is available online, when trying to log on OH is told to ring for new password.

 

Have absolutely no idea what charges are being added to this account.

 

This is obviously a ploy to get you to phone them. Dont get sucked in.

[Pinky69]

If your accounts have been terminated, remember to check the default notices are lawful. They sent me something they called a default statement - it was no more a default notice than fly in the air. They have now shot themselves in the foot. The only thing they could have charged me for is any arrears and there were none - the account was frozen. So either there was no agreement (it was unenforceable of course) or if they claim there was an agreement, they have terminated it before they sent a default notice and cannot collect the capital. I told them that - total silence - goodbye Crappies!

[beachcomber60]

Lexis - CB, No they aren't sending paper statements I'm sureits a ploy for OH to ring for a new password - think we're stupid!

 

Just happens that I received a nice letter from debitarse advising that they no longer dealing with MY account but someone deeper in the pond will be surfacing within 14 days to harrass me.

 

Will double check the DN just in case.

[Gazza112]

Hi Beachcomber

 

Been having the same thing hapen to me, not received a statement from them Since October 2008.

 

Gaz

[beachcomber60]

Hi Gaz, you been 'terminated' as well?

[Gazza112]

Hi beachcomber

 

Well yes and no, if that makes any sence.

The said i was terminated, than i got a letter saying they would accept my £1 token payment for 6 months.

They then stopped sending me my monthly statements, so i don't no how much interest there putting onto my account.

 

Gaz

[beachcomber60]

Gaz, How the heck did you get them to accept token payments? Been trying to set up prorata payments but they demanded bank statements, payslips & tax statements - so I told 'em where to go!

[Gazza112]

Hi Beachcomber

 

Well there was another way i went round paying the Token payments.

Firstly i never paid using a Postal Order, i used to pay a £1 cash and used there Monthly Statement and it into the Bank.

That way they would have to accept the payment, or return it back to me explaining why there not accepting payment.

Which if they did that wouldn't go down to well with the judge if it went to Court.

I posted the letter up on my Capital 1 thread.

 

Gaz

[beachcomber60]

Didn't think about doing it that way! Theywouldnt accept national debt line budget (or their own) without seeing items listed in my last thread, so I set up a standingvorder thro' the bank - no payments have ever been returned - so I hope if or when it ever comes to court a judge would ask them a few questions ! ! !

[Viscount Stair]

I have a Cap1 "DN" that contains a passage not found in the Notices Regs stating that if an arrangment is in place I can ignore the notice. Have others had similar wording on their DNs?

[sunflower99]

Hi Gazza and Beachy!

I am now in same boat as you!Got a letter from Crap One saying they are looking after my account again and would i like to pay them!:DDebitarse given up one me!When i saw the Crap One letter i got quite excited! I thought it was an invite to Nottingham to view my alleged CCA and was looking forward to a day out!:Di was going to invite all you lot along as well for a nice day out!How dissapointing:(

[Dorabell]

Hi Gazza and Beachy!

I am now in same boat as you!Got a letter from Crap One saying they are looking after my account again and would i like to pay them!:DDebitarse given up one me!When i saw the Crap One letter i got quite excited! I thought it was an invite to Nottingham to view my alleged CCA and was looking forward to a day out!:Di was going to invite all you lot along as well for a nice day out!How dissapointing:(

 

Hi sunflower that happend to my account:???: cap one deleted from my credit file then after a few weeks was sold to lowell now lowell have put a default on my file:mad:

[Desperate Daniella]

The problem with Capital One is that they don't follow the law and they have a LEGAL services company which doesn't UNDERSTAND the law. Told last night's moron that if he wanted some bedtime reading he should try the Consumer Credit Act 1974. Clearly, he didn't have a clue what I was talking about. Ended up yelling "Where is my agreement? Where is my agreement?" about 20 times and hung up on him.

 

I have now advised Capone and Debitas that they cannot sell a debt when it is in dispute, and I am sure you have done the same.

 

Actually, they have always had one particularly dodgy thing which is this:

 

They will only accept debit card payments if you are in arrears and if you send a cheque the payment has to have cleared into your account by the due date. Every other company I have had cards with will accept a payment if it is received by cheque on the due date and you don't incur a penalty, or if you call on the due date you can pay by debit card.

 

In other words, Capone try everything they can to get late payment fees. If they can accept debit cards, they can accept them on any day of the month.

 

Most of us tend to think of our payment date as the date quoted on the statement. However, if for example, Capital One says you have to pay on the 10th of the month and this is a Tuesday, you have to be certain your cheque arrives by Friday, 6th and is credited to your account on that day, so you have to post on Thursday, 5th at the very latest. If the post is late, you incur a penalty fee. If they have a backlog in processing payments you incur a fee.

 

There may be other card companies who do this as well. If they do they are just like Capone, and we all know what we think of them.

 

DD

[Viscount Stair]

If someone has pointed this out already then I'm sorry for repetition but Debitas and Capital One are one and the same (as the very faint pastel writing at the bottom of their letters confirms). What they mean is that they are fed up paying for international calls from their Indian call centre and will harass you from Nottingham again.

 

Apologies for the cynicism!

[sunflower99]

Wow, ! I've finally found the Cap 1 crowd...I'm having some fun with Ellie Renshaw myself...in response to my cca request they tried to fob me off with a current t&c's...obviously this triggered the dispute letter..

 

and to be fair they did stop calling for a while...

 

but now they're back.. and Ellie has Kindly sent me a signed copy of my cca..

 

Trouble is.. i'm sure it's hookey, and has been cobbled together from other docs ... there are odd "ghost" images of a bleed from the other side of the document which just don't add up..

It also had printed my name and address on it -- something i can never recall signing or seeing..

 

I need to dispute it but wouldn't mind the opinion of those who've seen more of these than me..

 

my thread here..I'v a couple of other caggers TOXIC, tracy, etc having their own battles with mbna etc ..who have been helpful.. ut i've not come across anyone yet who has had quite the same paperwork as me..

 

sorry to highjack.. but all opinions gratefully recieved..

 

link here...

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/178832-cap-one-agreement-recieved.html

 

 

FOTN

Hi Fangioof thenineties!

Dont worry! you can asks whateveer you like on my thread!I like to think my thread is somewhere where people can go for help advice and friendship!