claim with capital one cca

[chris2806]

Hi, usual stuff I'm afraid - no work , no money

Have cca'd capital one and just got back a copy of their present T&c and have replied that they have not complied etc.

now have a "final response" from Ellie, will try and post it up but is seems to be the same as others have recieved.

Question is what should I do now

 

Hugely usfull site this - gives one confidence to chase them!

Edited March 11, 2009 by chris2806
typo's

[havinastella]

Hi Chris and welcome.

 

Are there any unfair charges on the account?

 

You have two choices really, play silly buggers with them or reclaim the charges against the balance of the account and then play silly buggers with them.

 

Jogs

[chris2806]

ok - not easy

cant seem to post scaned copies is photbucket the answer:confused:

[havinastella]

yes, upload to photobucket (edit any identifing details) and post the link back here.

 

Jogs

[chris2806]

wow that was quick!

 

my preference to to play silly buggers, in an ideal world I dont want to contiue paying them - they have had a fortune from me so would like to find their agreement to be unenforceable - but what are the chances of that?

 

thanks

[chris2806]

here goes with page 1:

 

 

[chris2806]

page 2

 

 

page 3 of 3

[chris2806]

Hi all - help please recieved this and would like to know what my response should be.

anny suggestions?

thanks

 

http://i682.photobucket.com/albums/vv190/2806dreamer/cap1noticeofsuminarrears.jpg?t=1237657301

page one

Edited March 21, 2009 by chris2806
left in personal details

[chris2806]

and second page

Edited March 21, 2009 by chris2806
small image

[chris2806]

[chris2806]

page 1 bigger

http://i682.photobucket.com/albums/vv190/2806dreamer/cap1noticeofsuminarrears.jpg

Edited March 21, 2009 by chris2806

[citizenB]

Chris, the Notice of Arrears can be filed and ignored. As they rightly say, it is now a requirement that they issue these at least ever 6 months. Why? I have no idea.

 

It is not a Default Notice.

[chris2806]

thankyou for that citizen b

appreciate it

[callumsgran]

Since when have they been allowed to charge £5 for copy statements?

The £10 for SAR covers all that (list of charges included) so go for that option

[chris2806]

Hi all, yikes! looks like I've just got a default notice, would someone be kind enough to have a look and suggest what my response should be

thanks

front page:

http://i682.photobucket.com/albums/vv190/2806dreamer/Caponedefaultlettfront.jpg

back page

http://i682.photobucket.com/albums/vv190/2806dreamer/Caponedefaultlettback.jpg

[the_shadow]

Hi Chris,

 

I'm afraid to say thats definitely a Default notice and the prescribed format of words appears to be ok along with the dates to remedy.

 

They shouldnt default you when they havent complied with s78 but I'm afraid they will.

 

S.

[citizenB]

Yes, I am also sorry to confirm that they appear to have got it right this time, by allowing 28 days from the date of the letter.

 

However, the clause 8 they say you have breached. A possibility they have messed up there, you dont have an agreement from what I can see. So they might have got that bit wrong

 

However, until you see a copy of the agreement then you wont know for sure.

[chris2806]

Hi citizen b and shadow, thanks for the reply and help, what should i do now? just sit it out and wait for court action?

regards

chris

[the_shadow]

Hi citizen b and shadow, thanks for the reply and help, what should i do now? just sit it out and wait for court action?

regards

chris

 

Might be an idea to send the account in dispute letter telling them they havent responded to your s78 request properly.

 

You could try a Subject Access Request to see if they send the agreement, its £10 unfortunately.

 

If your credit rating is important I'm afraid its going to take a battering, even if you were to get help from CCCS or national debt helpline in negotiating minimum token payments of £1 a month they'll probably default you in the process.

 

If youre not worried about the credit rating and can put up with lots of phone calls and letters then you could just ride out the storm and do the same as most cap one threads on here... each time they push it to a Debt collection agency, write back saying the account is in dispute send it back to the original lender. This can go on and on... if the agreement you have signed is the same as some one here, it'll just keep doing the round until they possibly sell it and then they might take you to court, although if you have no job and no equity in your home its unlikely they'll do that.

 

S.

[chris2806]

Hi, thats the worry for me, don't have a job at the mo, but do have equity in house, my wife is very nervous....

[citizenB]

Hi Chris and welcome.

 

Are there any unfair charges on the account?

 

You have two choices really, play silly buggers with them or reclaim the charges against the balance of the account and then play silly buggers with them.

 

Jogs

 

At this stage, you still havent received a copy of the agreement. Just because they say they do have a copy doesnt make it so. When was this account opened?

 

Have you sent a Subject Access Request ?

[the_shadow]

Hi, thats the worry for me, don't have a job at the mo, but do have equity in house, my wife is very nervous....

 

Unfortunately if it does get passed to a DCA they'll do a search and will attempt to find out the equity left in the house to see if you could raise funds that way... they may even offer you a secured loan on the house to tie you in.

 

Its a long way from that though.. they havent responded properly to your s78 request, they would need to default you and terminate the agreement before selling to a DCA.

 

The DCA would have to take you to court and convince a judge that they have complied with the s78 request, that the doc is enforceable and then the judge will look at your income and expenditure and work out an amount you can pay. If you are on benefits that can be as low as a token £1 to each creditor (Dont forget debts are personal, your wifes income is nothing to do with your position)

 

If you then didnt pay the CCJ amount agreed then they could haul you back in court to get the money.

 

Thats the normal way of things

 

Read around the Crapital one threads to get a feel for what they are likely to do next and how they operate. I must admit when I was reading them most were just getting passed from DCA to DCA, so its phone/letters etc but I dont think many were taken to court as crap1 know the agreements dont stand scrutiny usually.

 

Hope this has put your mind at rest a little.

 

S.

[chris2806]

Hi all, an update

recieved a letter last week saying they had "unfortunately omitted some information" and enclosed a copy of an application form (with no T&C ) so I've written back thanking them and pointing out that they had already written stating they had sent all that was required and that I was a bit put out that they had passed the aledged debt to a DCA - I have requested that since they have a document then perhaps they would be good enough to copy both sides and send it to me.

will wait and see what happens next

thanks for your help

chris

[citizenB]

Hi all, an update

recieved a letter last week saying they had "unfortunately omitted some information" and enclosed a copy of an application form (with no T&C ) so I've written back thanking them and pointing out that they had already written stating they had sent all that was required and that I was a bit put out that they had passed the aledged debt to a DCA - I have requested that since they have a document then perhaps they would be good enough to copy both sides and send it to me.

will wait and see what happens next

thanks for your help

chris

 

What is most important is that the "prescribed terms" are on the document that you signed with them. The Terms and conditions are variable and separate. The core terms "prescribed" terms should remain the same.

 

You are entitled to receive a copy of the agreement with prescribed terms and your signature. copies of both the T&Cs at inception and any current version.