Capone response to CCA

[exchange]

[ATTACH]7647[/ATTACH]

 

Latest letter fron RBS Mint attached. Should I ignore or respond pointing out that the account is in dispute and they cannot demand payment, add interest, etc.?

[griffin036]

Hi you might want to edit that, it still has some personal details on it.

[exchange]

Copy of 6-4-09.pdf

 

Thanks for that griffin, don't know how I missed that!

 

Deleted, edited and reattached.

[exchange]

Bump, anyone on how I should respond.

Thanks in advance.

[cerberusalert]

Make a complaint to you local Trading Standards & the OFT because they are in breach of OFT guidelines. Debt collection guidance - Final guidance on unfair business practices - oft664 section 2.6 H

[exchange]

Thanks cerberusalert. Are there template letters for this? Shame to reinvent the wheel if there are!

Very grateful to all on CAG who have given me hope that I can get out of debt.

[cerberusalert]

Not that I know of, just write and explain that the alleged debt is in dispute and Cap1 are ignoring that fact and continuing to pursue.

[exchange]

The letter is from RBS Mint but it makes no difference. Capone have only threatened via a monthly statement so far and are in breach as well. Might as well complain about all 4 companies I am dealing with and post a potential template!

[exchange]

I have now started a separate thread for RBS Mint so that this is now solely CrapOne.

Crapone in dispute letter.pdf

 

CapOne Response.pdf

 

I though Ellie Renshaw was on maternity leave. Is she sending letters from home?

 

Anyway, attached my 'in dispute' letter and there response. I am sure that if Ellie had put this letter together herself she would have made a better job. They have cut and pasted every paragraph they can think of into this letter it seems without much thought for what I asked for.

 

The last paragraph on page 1 says I 'requested detailed information regarding our costs and accounting'. Where?

 

Also the next paragraph mentions 'We call you to see if we can help in any way'. They have never called me as they do not have any numbers for me! There helpful website allowed me to delete them LOL!

 

They helpfully suggest I send a SAR, but I have already sent them a CPR31.16 request so I will wait to see how they respond to that.

 

They say it is there final response and to contact the FOS which I might do.

 

The last paragraph mentions call charges but is not related to anything else written anywhere.

 

It is one of the worst written letters I have ever received and shows perhaps how busy we are all making them.

 

I will post the CPR response when I get it.

[exchange]

Time is up on my CPR request and they have found my mobile number. They call 4 times a day at more or less the same time but I never answer so it is not getting them anywhere. This has been going on for a week now.

It doesn't bother me, just have to wait for the next letter.

[exchange]

Response 3 300409.pdf

 

Got a response to my CPR 31.16 request today from crapone (attached). It's the same as other people are receiving currently from what I have seen on this site.

 

Should I write and point out that this appears to be a delaying tactic and if they 'won't be able to send any different documentation' does this mean they don't have a true copy of an agreement?

 

Also, are they right in that they can say the account is not in dispute and if they say so then that's that?

 

Fulfilling, in their eyes my CCA request, with something which does not prove that an agreement exists means that I am the one putting the account in dispute, not them!

 

Any advice/answers gratefully received.

[exchange]

One last point, if crapone have a copy of the agreement why not just send it!

[exchange]

Anyone?

[sussex1]

if you are not too keen on issuing proceedings, i'd be inclined just to ignore them. If they think they have a case they will issue and at that point will have to disclose what they say they have.

[exchange]

Thanks for the reply sussex1. Would be nice to know what they have got though. So frustrating when there is no progress. Anyone know how or if I can dispute the 'in dispute' status of the account?

[cerberusalert]

They've gone on the defensive because they don't have an enforceable CCA, you can either write and ask them for their complaints procedure & wait another eight weeks then make a complaint to FOS who in all honesty will do beggar all, or just wait for crap1 to close the account and sell it on to some sad DCA outfit who'll end up dropping it like the hot potato it is.

 

Have they sent you a default notice yet? If not, thats what you'll probably get next. If you do, scan it and post it up because they'll probably feck that up too.

[exchange]

Thanks for the advice cerberusalert. I prefer the wait and see what is next approach. I have not had a default notice so far. Only lots of £12 charges added and interest.

 

Can I challenge the 'in dispute' status with them?

[cerberusalert]

Yes by asking for the complaints procedure and making a formal complaint which they are obliged to investigate and give a response to within eight weeks. If you are dissatisfied with their response you can then escalate it with a formal complaint to the FOS which could take another 18 months.

[sussex1]

your pretty much at stale mate, you say in dispute they say not. They are the supposed big company, I'd take the silent stance and let them make the next move. I've done this on my Cap One account that they sold some time ago to Rob Way and haven't heard anything for months.

 

My view is that my credit record is shot and all the time i dont hear it gets nearer to being statute barred. If they attempt to pursue i'll simply refer them to my previous letter and say i've nothing to add

[exchange]

Thanks sussex1. If I complain as cerberusalert mentioned it would make more work for them though. It might make them try to find the agreement as well so maybe I should just wait.

[exchange]

default notiice.pdf[ATTACH]9293[/ATTACH]

 

As cerberusalert correctly said, I have now received a default notice.

 

I have attached a copy and the obvious error, also made by RBS Mint, is that they have not specified an actual date for remedy, only given 28 days from the date of the letter.

 

My understanding is they must specify a date or it is invalid.

 

Any comments appreciated.

[exchange]

Sorry, please ignore attachment 9293 as I removed it after noticing something which may identify me. If you click on defaultnotice.pdf it works.

[cerberusalert]

My understanding is they must specify a date or it is invalid.

Correct, all you have to do now is wait a couple of weeks for them to close the a/c & they've managed to beggar-up just about everything they possibly could.

[exchange]

Lightning fast again cerberusalert!

 

Thanks for the confirmation.

 

I'll post the correspondence when they terminate the account/pass it on to a dca etc.

[AA99]

[ATTACH]9294[/ATTACH][ATTACH]9293[/ATTACH]

 

As cerberusalert correctly said, I have now received a default notice.

 

I have attached a copy and the obvious error, also made by RBS Mint, is that they have not specified an actual date for remedy, only given 28 days from the date of the letter.

 

My understanding is they must specify a date or it is invalid.

 

Any comments appreciated.

 

 

Exactly as cerberusalert said, waste of paper, I've had those and they are not proper Default Notices, they are threats of DN's.... they just do not prescribe to law.........