Mrs P V Cap One

[phatram]

Dear Mrs P

 

Please see below for some guidance on the requirements relating to copies of credit agreements.

Entitlement to copy of your credit agreement

 

On written request when accompanied by £1, you have the right to

a copy of you executed agreement

any other document referred to in ita statement showing certain information (this information is set out in Section 78(1) Consumer Credit Act 1974

Requirements relating to copies:

The copy of the executed agreement need not be an exact copy but it must be a true copy. This means certain details may be omitted from the original agreement such as the signature but you must be in no doubt as to the true nature of your obligations under the agreement. Where the terms have been varied as provided for within the agreement, the copy of the original agreement must be accompanied by a document setting out the current terms, as varied (The Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983).

 

Affect of failure to provide a copy of a consumer credit agreement:

 

Failure to provide a copy of your agreement within 12 days means the agreement cannot be enforced against you until a copy is provided (Section 78(6) Consumer Credit Act 1974).

 

Meaning of enforcement:

 

Unfortunately the meaning of ‘enforcement’ is not clear and therefore the question of whether a creditor can take you to court for debts owed in respect of an agreement they have failed to provide you with a copy of the agreement is not clear.

This issue was discussed in the case of Rankine & another v American Express Services Europe & others (High Court 16 May 2008 In this case the judge held that commencing proceedings was not enforcement. Please note this case is not an appeal case and is therefore not legally binding (i.e. does not have to be followed in future cases).

 

The Office of Fair Trading have provided some guidance on this area of the law but this guidance is only intended to assist trading standards departments with their advice and enforcement role and is not available to members of the public

The above advice is not intended to be taken as a definitive guide to the relevant law, only the courts can interpret statutory legislation with any authority

 

Please do not hesitate to contact me if you want to discuss this matter further.

 

Kind regards

 

xxxx xxxxxxxxxxx

 

Trading Standards

[phatram]

 

[exchange]

Hi Mrs P, subbed to your thread as I am at the same stage as you. The default notice is defective as they cannot say pay up in 28 days from the date of this letter, they must specify an actual date.

[phatram]

I sent harrassment letter and letter and non compliance letter and today received the following.

 

 

[Dinkjames]

I've had one of those too. If you write to them again, you will get a similar response and so the pingpong goes on.

 

They are playing silly bu**ers with my SAR at the moment. Allegedly they cannot find any information linking my name and my current or previous addresses. They want me to send them an account number. Not sure I have an account with them, but they keep phoning me asking for my date of birth

[phatram]

Thank you for your letter dated 1 JULY 2009 which quite frankly is a joke. You have NOT complied with my request, you have NOT sent what I requested and I refer you to the letter sent to you on the 24th June 2009, a copy of which is enclosed for ease of reference.

Yours faithfully

Edited July 4, 2009 by phatram

[phatram]

 

 

[the_shadow]

Time for the "Bemused why this account has been passed to yourselves...as its still in dispute with crapone"

 

S.

[HomerJSimpson]

I've received identical letters today as well (1st and 3rd ones )

 

Just sent them this ....

 

Dear Sirs,

 

Thankyou for your threatogram that I received this morning. I am truly frightened by your letter and I therefore enclose a cheque for the sum of £xxx.xx as payment in full. Would you like any additional sums for your inconvenience?

 

Reality Check

 

Unless Capital One have located a signed, correctly executed consumer credit agreement then I do not owe any money.

 

I understand that you are a wholly owned subsiduary of Capital One and purport to be a seperate Debt Collection company. I suggest that you put up or shut up. Take me to court and produce the non-existent agreement.

 

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

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

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

* may not pass the account to a third party.

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

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

 

Capital One have already breached the Banking Code and have been reported for such.

 

Yours Faithfully

 

 

HomerJ

[phatram]

ACCOUNT IN DISPUTE

 

 

Dear Sir/Madam,

 

 

 

Thank you for your letter of 14/07/09 the contents of which are noted

 

 

 

 

 

As holders of a Consumer Credit Licence you are obliged to comply with the Office of Fair Trading Guidelines on Debt Collection. I would therefore be obliged if you would provide me with an explanation as to why you are attempting to collect on an alleged debt which was disputed with CAPITOL ONE BANK (EUROPE) prior to your first contact with me, and has yet to be resolved

As per OFT guidelines Section 2.8k "not ceasing collection activity whilst investigating a reasonably queried or disputed debt."

 

Since this is considered an unfair practice and contrary to the OFT guidelines, you should consider this letter as a formal complaint, and provide me with a copy of your complaints resolution procedure I also require you to confirm that you will now comply with the OFT guidelines, and will not attempt any further collection activity whilst the dispute is unresolved.

 

After taking advice, I am of the opinion that your continued pursuit is in violation of the CPUTR 2008, Protection from harassment Act 1997 section 3 as well as breaching a number of the OFT Collection Guidelines.

 

Should you fail to provide me with the required undertaking within 7 days, I shall report your breach of the OFT guidelines to Trading Standards and the Financial Ombudsman Service.

 

 

 

 

 

 

Take notice that I will not discuss this matter on the telephone, and all further communication must be in writing. Any further telephone calls will be perceived as harassment, and dealt with accordingly.

 

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

 

 

 

 

 

Yours faithfully

Edited July 17, 2009 by phatram

[phatram]

[phatram]

[phatram]

I'm going to report this to the FOS asking them to force Crap 1 to prove this debt is mine.

[the_shadow]

I'm going to report this to the FOS asking them to force Crap 1 to prove this debt is mine.

 

Personally I dont think thats a good idea... FOS will side with Capital one in my opinion and just state you clearly have spent the money, the debt is yours.

 

Far better to restrict the complaint to Capital One will not provide the CCA which you require to check something (i.e. PPI / Prescribed interest rates not right) or something similar.

 

S.

[phatram]

Ok, thanks!

 

Mr P

[phatram]

 

 

Any advice as what to do about letter 2?

[phatram]

bump

[phatram]

[MRS_P]

Bump 4th of August gone by.....

[phatram]

[phatram]

Crap 1 have failed to comply with my CCA request, so which letter do I send to these sharks?

Thanks

Mrs P

Edited September 18, 2009 by phatram

[phatram]

 

 

I am in receipt of your letter dated xx September 2009

This account is in dispute with Capital One and has been since xx xxxxxxx xxxx.

Not only is this a breach of the Consumer Protection from Unfair Trading Regulations 2008 in line with the Office of Fair Trading debt collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998. My previous dispute from xx xxxxxxx xxxxx has NOT yet been answered

 

 

As Capital One Bank (Europe) plc are now in default of my Consumer Credit Act request and have also breached *s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law

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

 

Now I would respectfully suggest that this account is returned to Capital One Bank (Europe) plc for resolution of these defaults and breaches, as Fredrickson International Ltd cannot lawfully pursue any enforcement activities.

 

If Fredrickson International Ltd chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action

 

After taking advice, I am of the opinion that any continued pursuit is in violation of the Consumer Protection from Unfair Trading Regulations 2008 in line with the Office of Fair Trading Collection Guidelines. I hope that this will not be necessary and an acceptable solution can be accomplished.

I would appreciate your due diligence in this matter. I look forward to hearing from you in writing.

 

Yours faithfully

[phatram]

 

 

 

 

Many late fees/charges and statute barred next March. Crap1 failed to comply with CCA in 2009 and then defaulted the account as I stopped paying them.

[phatram]

What should I do? If I SAR crap1 will that start the 6 years ball rolling again?

[letsgetitsorted]

no it wont restart the 6 years, funny thing is i have had the exact same letter from Lowell today as well. didnt receive a notice of assignment though, and have not received any letters from Cap one since 2009