New Boy

[FCC]

Hope this goes ok as this is my first attempt. In Jan 2000 I wrote to my creditors and explained that, owing to my circumstances, I was unable to continue to service my debts, stressing that I was a " can't pay " and not a " won't pay"!. Using , the then CCCS, letter templates I negotiated a payments plan with all the creditors and embarked on a series of six monthly ongoing agreements. As I had quite readily accepted that the debts were created by me and I accepted full responsibilty for them and was honour bound to repay all that I owed I began a very good relationship with my creditors who worked with me to conduct an agreeable end to my problems. All except one that is: Capital One!. I had difficulty with one of their " spotty little herberts " who promised to stop the interest being added to the debt ( didn't happened for six months after) and then decided that I should be given a default notice and be " blacklisted " with the CRA's. Anyway, I have kept to my payments plans for the last nine years, with the exception that I have always increased my monthly payments by 50p TWO months before each six monthly plan expired so when they rang me to ask for more I was able to point out that they had been receiving more for two months and this was readily accepted by all. Last year I received a call from a new " spotted little herbert " who wound me up so I went back at him and problems started to occur afterwards. I made an official complaint to their " Executive Office " under the direction of their complaints procedure and this was passed on to the Supervisor of my account and, of course, she couldn't agree that her team had done anything wrong. Next I received a notice saying if I didn't agree to PAY LESS, £28pm instead of the £28.50pm that I was then paying then they would issue a default notice against me. Despite my challenging the intelligence of this action they went ahead and issued a defaullt notice against me. By this time the debt had fallen from £2744.25 to £629.34, of which £328.16 was the six months interest that they did not stop adding. I offered them £250 to write off the debt as full and final settlement. This, they felt, they could not do and have now " sold " me, and my debt calculated to be £570.64 as of 29th October 2008, on to a DCA called Link Financial. I have, today, received an envelope containing a letter from Capital One telling me that my debt has been sold on and is now OWNED by Link Financial also a letter from Link Financial saying that they now owned the debt and would I kindly pay them the outstanding balance of £570.84. As I have NEVER missed a payment in the last nine years the balance should be £486.84. Questions: We live on Pension Credit and I have always counted my wifes pension into total income despite her having no connection or responsibilty for MY debts. Should I now remove her pension from my total income and reallocate income available for debt repayment?. Does the letter from Capital One satisfy the requirement for proof of debt?. Your observations would be warmly welcomed however unpalatable. regards

[cerberusalert]

Enough of playing the 'nice guy' with these idiots. They've had their pound of flesh now it's time for you to flex your muscles back at them. First thing is to send them a CCA request, I bet you anything what you receive back is unenforcable, particularly with the account being so old. Send the following to your *new friend*;

 

Dear Sir/Madam

 

Re:- Account No: XXXXXXXX/Your Reference Number: XXXXXXX

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

You should also note that I will only discuss this matter in writing and should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you or any of your associates.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives (or representatives of Power 2 Contact) to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

 

I look forward to hearing from you.

 

Yours faithfully

[cerberusalert]

Send the above recorded delivery, including a £1 postal order with 'For CCA Only' written on the back & don't sign the letter...print your name. They have 12 + 2 days to respond upon receipt other wise they have defaulted & the account goes into dispute & you canlegally stop paying them anything until they do provide it. Even then it has to be a valid & enforcable CCA otherwise they can whistle for any further payment.

[FCC]

Thanks Cerberusalert, I have typed out your letter and will record post it on Monday. I have also recalculated my I & E Statement, without my wifes pension added, just in case it is needed. As I said, it is only CapitalOne who has ever caused me any problems and it looks like they have thrown all their toys out of the pram because I had the temerity to make a complaint. After reading another thread from a former CRA Manager it would seem that they have sold my debt for around £100 - £150 despite my offer of £250. Sad " persons !!!!! "

[cerberusalert]

it would seem that they have sold my debt for around £100 - £150 despite my offer of £250. Sad " persons !!!!! "

 

Yes & no; by selling the debt on they can write it off for tax purposes:(

 

As I said earlier, the chances of them producing a valid CCA are very very slim...

[redroo555]

hi there,

just incase you were thinking about trying to reclaim back the charges from cap 1, thought that i would mention, they are going to send me my statements without any payment!!

i phoned them, and was expecting to have to pay the £10 sar fee, but they didn't mention it!

worth a try - maybe to get all your interest back?

[FCC]

I do not believe it!!. Posted recorded mid-day Monday 19th and at mid-day 24th the Post Office cannot tell me if the letter has been delivered or even where the letter is. What an incompetent bunch of bankers and as I watch my local postman spend two hours everyday drinking tea and gossiping with the woman who runs the post office side of the village shop, the counter is closed whilst she stands talking of course, use it or lose it they said!!!!. BAH HUMBUG!

[cerberusalert]

Don't worry, a lot of DCAs sign for their mail in bulk so your request might not show up. It doesn't matter you've got proof of posting and if it hadn't been delivered you would have got it back. You can do what a lot of DCAs do & that's "assume something" so assume they've received it, so the clocks ticking.

[FCC]

Another surprise!. I have five problem accounts: 2 with Barclaycard, 1 with Masterloan, 1 with M & S, currently being administered by Rockwell and 1 with Capital One. On taking advantage of the free credit report from Experian it shows that only Barclaycard and Masterloan have actually issued default notices against my record. Can I take this as the ACTUAL position or can they have reported their defaults elsewhere?. Also included is a " satisfied " notice by my bank who report me as conducting my account without problems and one from Next saying my account has been " settled " although, all we did was to take a free catalogue from them and never actually bought anything from them. So it's two for and two against, is that good or what??. regards

[babybear39]

You should check Equifax and Call Credit also as they may have used these instead to register adverse info.

[FCC]

are they free?

[maroondevo52]

I think you get a free months subscription, then you have to cancel.

 

Regards.

 

Scott.

[cerberusalert]

Free Credit Report now and every year - annualcreditreport You register online & then they'll send you a pin number in the post to enable you to log-in to view your report online.

[FCC]

Thanks for that I have subscribed to the free site above. Call Credit wanted £12 up front so I will await the free one first. Thanks again for all your help. Donation on it's way. regards

[FCC]

Here we go, still no response from the Post Office as to when the recorded letter was delivered. How do they stay in business, bring on the Germans!!. However, I have today received from Link Financial, dated 23rd January the following. Personal info removed:

 

You have recently made a request under Section 77/78 for copies of various documents.

 

As you are aware LINK FINANCIAL purchased your debt from CAPITAL ONE BANK (EUROPE) PLC on December 19th 2008 and as such we do not always hold this documentation. We have requested a copy of the agreement and the most recent terms and conditions your account was operated under from CAPITAL ONE BANK (EUROPE) PLC and look forward to sending this to you in the near future, however please be advised that this can take up to 30 days to provide.

 

No administration charge has been applied to your account at this time and therefore any payment made with your request has been applied to reduce your outstanding debt. However where cost is incurred by Link for the provision of any statements by the Vendor we will pass these charges on to you.

 

Your account has been put on hold for the next 14 days for you to contact this office with further details as requested above.

 

Comments please as to the next course of action.

 

Incidentally I have registered with a company called Annual Credit Report, at a cost of £3.97 per annum and have received a full credit report which shows exactly the same as the Experian report mentioned above with no mention of the other accounts also shown above. regards

[cerberusalert]

When the 12 + 2 days have passed they are in default & cannot enforce anything. They cannot add charges nor extend the period to 30 days. In short they are talking utter bullsh*t. You will be within your legal rights to stop any payments until they fullfill their legal obligations.

[cerberusalert]

If you do not receive the CCA within the timeframe, send the idiots the following letter;

 

Account In Dispute

 

Ref:

 

 

 

Dear Sir/Madam

 

 

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

You have failed to comply with my request, and as such the account entered default on **DATE**.(12+2 days after you sent the CCA request)

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore;

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

This limit has expired

 

As you are no doubt aware section 77(6) states:

 

If the creditor fails to comply with Subsection (1)(a) He is not entitled , while the default continues, to enforce the agreement.Therefore this account has become unenforceable at law.

 

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

Should you not respond within 14 days I expect that this means you agree to remove all such data.

Furthermore 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. You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint. I therefore request a copy of your official complaints procedure which you are obliged to supply.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

 

Yours faithfully,

[FCC]

WOW!! Right, I will create this letter immediately but I am still concerned that I still don't know the exact date upon which my recorded letter was delivered. Please excuse my caution and naivety in this matter but I am on completely new ground here. I am truly in your debt for all your valuable advice ( you won,t sell me on as well will you? ). kind regards

[babybear39]

1st class post can legally be deemed to be delivered within 2 working days of posting it.

[haggis_2]

No administration charge has been applied to your account at this time and therefore any payment made with your request has been applied to reduce your outstanding debt. However where cost is incurred by Link for the provision of any statements by the Vendor we will pass these charges on to you.

 

 

Cheeky beggars, your letter clearly stated the PO was for the CCA and not for the account.

 

They can't charge for the statements surely?

[babybear39]

They can't charge for a statement of account. They're getting confused with a SAR, bless...

[FCC]

Thanks people for your comments I'll keep you posted.

[cerberusalert]

They can't charge for a statement of account. They're getting confused with a Subject Access Request, bless...

 

LINK FINANCIAL are trying........very trying

[redroo555]

Here we go, still no response from the Post Office as to when the recorded letter was delivered. How do they stay in business, bring on the Germans!!.

 

 

have you tried track & trace on the royal mail website?

also, gives you an electronic view of the signiture

[FCC]

I have today received the following letter from Experian. I took advantage of their free 30 day offer and entered only name, DOB, addresses and dates at those addresses and card details. At no time did I give any info on my wife or ask for her to be included in my affairs. My wife has in the past and still does enjoy an exemplary credit rating and has healthy limits on her cards. At no time has my wife been involved in my debt position, as previously stated my debts were incurred in running a failed busines ( in my name only ) and apart from a joint commitment to living costs my wife has NO association with any debt incurred by me. Is this an attempt by Experian to help its customer companies to find someone else to chase. As stated, at this time my wife has an exemplary credit rating and healthy card limits and I am concerned that, by implication, she could be dragged into my position.

 

Letter headed MR/MRS?

 

Dear Mr/Mrs

 

MR............... has told us that you share a financial connection and that you have agreed that this connection can be recorded by us. We have therefore noted a financial association between you on both your credit reports. This means that lenders may take into account financial information held by Experian, in either of your names when either of you applies for credit.

 

This association will stay on our records until either of you tell us that it no longer exists. This would normally be the case if you no longer formed a financial unit, are no longer sharing personal financial commitments and assets or living together at the same address as partners or a married couple.

 

The record of a financial association helps bankers to get a fuller picture of your joint financial history and allows them to make better-informed decisions when either or both of you apply for credit. If you have not agreed that this information can be supplied to us, or do not believe that an association exists, please contact us at the address at the topright of this letter,quoting the reference givem (top left).

 

If you would like to mntor your credit report and reassure yourself that all te details it contains remain accurate and upmtodate, you an take a free 30-day trial of CreditExpert, our online credit monitoring and identity fraud protection service. You can view your Experian credit report for free at Experian Credit Expert.co.uk

 

CreditExpert allows you to see your Experian credit report as often as you like and sends text or e-mail alerts whenever there is a significant change to the information it contains. This warns you if somebody is trying to apply for credit or money in your name. We hope you find it useful.

 

Yours sincerely

 

Customer Help Service