Tonka 99 v Cap1loan

[Tonka99]

Hi BRW

 

I will look out the default notice to see it was some time ago now,

will send them a CCA tomorrow.

 

my computor just crashed

 

We have got a new business account but did a crafty put it in

hubbys name as sole trader as he has not got so much dirt on his

name . Have also got a new Card machine comming so its bye bye

from me LLoyds Tsb soon as we can .

 

How are you doing we havent chatted for ages ,we are busy here but

not enough to say it makes us any money just work to pay everything

and keep a roof over us ,

 

Im doing the Rate rebate thing at present could get it down to 10%

if we are really lucky. This has been the worst year for so many people

i think i have ever known , its not just money it seem like everyone has

been having problems with family jobs you name it , well its time to walk

the dogs and its raining

 

Thanks for your help nice to know your looking in

 

Cheers T99

[steven4064]

So sorry to confuse you Steven

easily done - irony detector was on the blink

[Tonka99]

Hello all

 

Update

 

Have received this letter today from CapQuest Recovery Ltd

 

http://i302.photobucket.com/albums/nn99/sexeysarms/creditorsnotice.jpg

 

Now they dont have a Enforcable CCA and i have already told them in

writting so do i send a CCA request to CapQuest and Deebitas or just

Capquest , explaining that the account is in dispute and they should

not have passed it on to DCA and why are they still adding charges

and interest and giving out my Data to all and sundry.

 

Thanks for looking in

cheers T99

[slick132]

Hi Tonka,

 

You've already done the CCA for this a/c and their response was unenforceable. You don't need to send another.

 

Carefully adapt this letter (Courtesy of PT2537) and send off to Capquest -

Account In Dispute

Letter Before Action

 

Dear Sir/Madam,

I refer to my recent correspondence with your company concerning this alleged debt, copies of which are enclosed for your perusal and ease of reference.

As **DCA** have failed to comply with my Consumer Credit Act request and admitted that the alleged signed executed agreement is unavailable, enforcement action is impossible under section 127 (3) of the Act.

 

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. If the request is not satisfied after a further 30 calendar days, your company commit an offence. These time limits expired on XXXXXXXX and XXXXXXXX respectively.

 

As you are no doubt aware subsection (6) states:

 

If the creditor under an agreement fails to comply with subsection (1)—

 

(a) He is not entitled, while the default continues, to enforce the agreement; and

(b) If the default continues for one month he commits an offence.

 

Therefore as at XXXXXXXX this account became unenforceable at law and it is now my intention to refer this matter to the enforcement authorities.

 

If **DCA** 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 your continued pursuit is in violation of the Administration of Justice Act 1970 section 40, Protection from harassment Act 1997 section 3 as well as breaching a number of the OFT Collection Guidelines.

 

Failure to respond favourably to this letter within fourteen (14) days of receipt will result in immediate litigation being commenced against your company without further notice.

 

I also require a copy of your internal complaints procedure as further action may be necessary.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours Faithfully

 

I'd send a copy to Cap1 as well.

 

Maybe time to tot up the charges on this a/c when you have a mo, so you have figures ready to negotiate a reduction of the debt for charges. You'll also need to work on getting their agreement to stop adding charges and interest, but this may have to wait until they acknowledge the debt is unenforceable (so don't hold your breath........)

[Tonka99]

Hello all

 

Update

 

Sent letter to Capquest as in above post kindly given by Slick

 

Had letter back from them dated 23rd July

We have requested a copy of the agreement and statements from our

client, these will be forwarded to you as soon as we receive them.

 

Next day had another letter dated 24th July

I write in response to your letter the contents have been noted.

Unfortunately I am unable to comment on the dispute you have raised

as this was prior to our involement and at the time the account was passed to us we were unaware of any existing querry.

THEREFORE WE ARE CLOSING THE ACCOUNT ON OUR SYSTEM.

Thank you for taking the time in trying to resolve this matter.

 

Next day another letter

 

Further to recent contact with our office and your request for further

information in relation to the above account, we would confirm that your

account is now on hold for 28 days whilst we obtain the information

required.

If you have any proof of payments or correspondence that would

assist with your query, please forward these documents with a brief

covering letter, to our Collections Administration department so that

we can resolve this matter as soon as possible.

 

 

Thanks for looking in

 

T99

[havinastella]

File and wait!

 

You don't need to do a thing.

 

JOgs

[slick132]

Hi Tonks,

 

Good to see Capquest are so clear in their communications.

[Tonka99]

Hello all UPDATE

 

Well have seen Capquest off , heard nothing from anyone

untill Jan this year when Lowell Portfolio write to inform me

that Cap1 have sold this to them , l did not respond.

Next letter from Lowell Financial wrote back enclosing copies

of letter to Cap1 and Capquest account in dispute also letter

from Capquest to say we are closing this account.

 

Next letter from LF Please take note in order to clear this debt

we offer you 3 options of repayment

1 Payment of £****.** as full and final

2 pay three equal payments of £***.**

3 enter into a payment plan and pay £**.00 for ever

 

Today got lucky and had 2 letters from LF

1 " we thank you for your letter (sent it RD on 10th have had demand

from them dated 18th ) we have placed your account on hold and have

today contacted Cap1 to request and explanation and will get back to

you once they respond.

we appreciate that this is further delay will add to your fustration but

believe that it is better to resolve this matter once and for all rather than

simply return the account to Cap1 only to have it reappear at some point

in the future.

we hope that this course of action meets with your approval "

 

2 Same letter BUT another letter stapled to it for someone else their

name account details their address

 

Now do I write to this other person and enclose details or just bin it

 

Thanks for looking in

 

Tonka99

[slick132]

Hi Tonks,

 

Are Lowells being sensible and considerate. Now that IS worrying.

 

If you can be bothered, report it to the Info Commissioners Office.

 

If not, send the ltr to the proper addressee telling them how you got it. It's then up to them to complain to the ICO.

 

[Tonka99]

Hi all

 

Have just got back CCA which I 1st requested back in

April 08

Robinsons Way came on the scene sent them a request

and this is the outcome

Loan taken out in 05

PPI was added but not ticked and signed for in the form of

consent box ,

 

http://i302.photobucket.com/albums/nn99/sexeysarms/cap1loancca-1.jpg

 

They also sent the DD form never had that before :?

 

Would some kind person check this out for me

 

 

Very many thanks

Tonks

[Tonka99]

Hi all

 

Anyone got five mins to check this out

 

Very many thanks

 

Tonks

[Tonka99]

Bump

[Tonka99]

Hello all

 

Could someone please check out this loan agreement as

it is very close to going to court

 

very many thanks

 

Tonks

[Tonka99]

bump

[Tonka99]

Help please:)

[havinastella]

sorry Tonks,

 

No knowledge of CapOne loans.

 

Did you blank the figures out?

 

How much was it for, what was the PPI? Was it frontloaded?

 

JOgs

[Tonka99]

Hello Jogs

 

Thanks for the reply loads of lookers but no advice was

thinking i must have done something wrong:D

 

Loan taken out 2005

PPI added but not signed for although there is a box to tick

and sign (i wish to purchase) didnt sign it PPI total £1500

Yes i deleted all the details

No the PPI was spread over the 36 months

If I can get the PPI back the debt is halved just need to know

if the agreement is ok

 

very many thanks

Tonks:)

[havinastella]

It looks enforceable, more so than their Credit card applications.

 

I worked out, taking 2005 as June, they would owe you £2545.72ish!

 

Jogs

[Tonka99]

Hello all

 

After sending a SAR to Robinson Way for my loan account

Have realised that i had PPI added , the signiture box has

not been ticked and i have not signed in the consent box

 

The details are

amount of credit £8000.00

total amount payable £8790.26

36months APR 6.4

instalments each of £244.17

 

ppi

amount of credit £1348.75

total amount payable £1481.98

36 months interest @ 6.40%

instalments of each £41.17

 

 

Rob/way are calling every day now and sending court

action letters so i need to kick them where it hurts quickly

has anyone got any advice as to how much is owed first payment

was 22.11.05

 

 

Do I just write and explain that i didnt realise about the PPI and that

i need it back as i clearly didnt ask for it .

have read around the PPI just need a bit of a push

 

 

Thanks for your time

Tonks:)

[dx100uk]

fire off the telephone harressment letter to RW

and the use the PPI calc to hit cap1 with a ppi claim.

once thats done, the a/c will be in dispute and it should be passed back to cap1 automatically if rw have not brought the debt.

 

if rw are involved you must have charges too, how about getting them back from cap1 also.

 

dont forget on both counts to charge interest at their rate , then add 8% stat int .

 

looks like you might be in for a pretty penny, might even clear the debt all together

 

dx

[Tonka99]

Hi dx

 

Thanks for your advice , I have tried using the PPI calc but cant

seem to work it out must be the heat

Do i send this to R/W as they have bought the debt

 

Thanks again

 

Tonks:)

[dx100uk]

cap1 charged you the PPI , hit them with the reclaim.

 

doing it thru RW will just allow them to delay everything.

 

dx

[24233513afw]

Sorry to butt in but could somebody give me a link to PPI calculator and good luck with your claim. Dont let them of with a penny, they dont let you off.

[dx100uk]

click on the blue (ppi) above

about i screen down in the stickies

 

 

dx

[Tonka99]

Hi dx

 

can not work out the PPI on my loan any chance of a hand

please .

 

thanks

Tonks:-)