Just Recieved A Signed Capital One Agreement

[Pinky69]

Capital One and "agreement" are a contradiction in terms - they forgot to make any. This is the usual non-enforceable rubbish that everyone has had - not a prescribed term in sight. I've been ignoring them since last March and saved myself a lot of hassle by not writing to them.

[Pinky69]

The Terms and Conditions are not the prescribed terms (interest rate, credit limit and repayment schedule) - and the prescribed terms must be on the same part of the "agreement" as your signature. I also bet you a pound to a penny that the Terms and Conditions are this year's - chancers!

[Pinky69]

There is no need to go into detail. What you have received is an application form and a set of 2008 Terms and Conditions. They have not fulfilled your request for a true copy of the credit agreement as laid down by the Consumer Credit Act 1974 and the account is now in dispute - keep it simple. Ididn't reply to them at all and I haven't heard from them since.

[Pinky69]

I beat the lot of you - from CrapOne I have had the Director of Recoveries and - wait for it! - the VICE PRESIDENT OF COLLECTIONS!! I laughed out loud at that one!

[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!

[Pinky69]

There is very little to input - they are a wonder to behold. I got 2 letters in reply to my bog off letter - the first says we will defend if you take action against us (never even mentioned action) and the 2nd says we cannot respond to your request as the signature we have is different from the signature on your request (what request?? - they sent me the duff application form last April!). An ex CapOne employee wrote that they haven't a clue - when you write and they haven't a clue they just press button B and out comes any old template. I have filed accordingly - they are stark raving bonkers!!!

[Pinky69]

There is nothing wrong with the letter but all you are doing is baffling them with science - there is no one there who will have a clue what you are talking about. I sent 3 copies of the same letter to 3 different people who had written to me at Crapone - and got 3 different replies back, none of which made any sense, when the pressed Button B for the template! Luckily I had told them I would have no further correspondence on the matter - they are in a worst state than scrambled egg. The telephone operators are now manning these desks, Ellie Renshaw probably doesn't exist and no one has any idea what they are doing. If you are sure the agreement is unenforceable, ignore them. They will then pass it on and you can send whoever gets it the Account in Dispute letter then forget about them too.

[Pinky69]

And our view is " I'm not paying you a penney unless you send me a true copy of a credit agreement - so what are YOU going to do about that!":D

[Pinky69]

Just my point of view but I feel it's not a good idea to be flippant in matters that might, for whatever reason, end in litigation. A judge wouldn't see it as particularly funny and it's best to stick to enforcing your legal rights when dealing with DCAs or banks in letters.

[Pinky69]

Or their stupid-to-the-point of disbelief letters! I had 3 different replies from 3 different departments to one letter I sent to their Complaints Department! One sent me another copy of a blank application form, one said they could not fulfill my request unless I sent my personal details (what request???) and the third, from Ellie, said nothing but total drivel. The three all pressed different buttons on the hurdy gurdy that spews out their templates and none of what came out makes any sense whatsoever. Incredible. If they had a brain between them they would be dangerous. Since then all quiet on the Western Front - pillocks.

[Pinky69]

They don't know what day of the week it is so ignore them. I've had my say with them and now I am going to let them play pass the parcel to their hearts content - numpties.

[Pinky69]

CrapOne don't know how to issue a Default Notice and court action is not possible without one. In addition not by the wildest stretch of the imagination is what they send in reply to a CCA request enforceable, so they shoot themselves in the foot both ways. I have no idea why people pay them £1 after CrapOne are in default of their CCA request - no doubt there is a reason but I cannot think of what it might be.

[Pinky69]

Yes, I got rid of CrapOne. I didn't write to them after they sent me an application form. At the same time people did write and I watched their accounts got to Debitars, other DCAs and lawyers. What people have never understood about CrapOne is that if you don't contact them they are so disorganised and out of their depth, they don't know what to do next. Nine months later they sent me an unlawful Default Notice (like their agreements, they wouldn't know a Default Notice if they saw one) and terminated the agreement. In doing so they shot themselves right in the foot. They had no agreement anyway but if they were going to argue that what they had sent was an agreement, they couldn't take any action because they had terminated the account without a Default Notice. I pointed this out to them and haven't heard from since. The less you say to banks/DCAs the better - let them come to you and make mistakes. I see posters saying "What will I say to them now? What do I write? They haven't been in touch what do I do?" - the answer is nothing. Only reply to them - less is best in fighting a bank/DCA. I had 12 creditors - and I haven't got one left.

[Pinky69]

I don't know and it's academic to me really because they cannot pursue payment - I haven't heard from them for over a year so it's probably written off by this time.

[Pinky69]

A debt cannot be defaulted twice. I'm not bothered about my credit reports as I don't need them. They can pass it on to DCAs if they like - that will be easily dealt with - as will any approach from them prior to the Statute Barred stage. I have had peace perfect peace for the last 18 months.

[Pinky69]

I have answered you on your other thread - it is not an agreement.

[Pinky69]

I ignored them and they didn't pass the buck but then I complained to everyone about them, the OFT, the FOS, the ICO and their President in America. By the time I had finished with them they were pinned right up against the wall and couldn't move. It never even went across the corridor to Debitas.

[Pinky69]

That is a gross breach of the Data Protection Act and they can get a big fat fine for that. Make a complaint to the Information Commissioner - you will get the form you have to use on their website - and send the evidence.

[Pinky69]

The ICO now has new powers to fine firms for breaches of the DPA up to £500,000. They recently gave both Ruthbridge and Hillesden Hell for searching my credit reports and Hillesden has been in plenty of trouble with them before. It is reported to the OFT and one sweet day a big player is going down - it isn't that far off. Yes, more could be done, but nothing will be done at all if we don't complain and the regulatary authorities aren't the only ones who just sit on their bumbeleerees and let them away with it.