Capone response to CCA

[cerberusalert]

Well that's them stuffed now, all they can possibly claim are the arrears. It never fails to amaze me the amount of times they do this to themselves. Will they never learn?

[exchange]

Let's hope not:D!

[angmarie]

Hi Exchange

 

Im confused if they have terminated the account does that not mean they pass it on to DCA. Why are they now not allowed to collect through DCA outstanding amount.

 

 

Ang

[cerberusalert]

Hi Exchange

 

Im confused if they have terminated the account does that not mean they pass it on to DCA. Why are they now not allowed to collect through DCA outstanding amount.

 

 

Ang

 

Because they have issued a 'defective' default notice & then terminated the a/c they can only claim the amount of arrears due. The remaining balance has to be written off. See;

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/199543-quick-default-notice-question.html

[Capricorn1601]

Hi Exchange

 

 

When did you stop paying on the account?

[exchange]

Hi Capricorn 1601, I stopped paying when they defaulted on the CCA request. Why do you ask?

[Capricorn1601]

I just wondered how long it took for you to reach this stage, and if I took a similar route, bearing in mind I am in the UK how long I could expect the battle to go on for.

[exchange]

Hi Capricorn1601, I started my battle at the start of March 2009 and now have threats of doorstep callers, 2 accounts terminated properly and one not properly and then there is MBNA who seem to do things differently to everyone else! If you have looked at other threads on here as I am sure you have you must know this is a lengthy process.

[exchange]

Latest threat-o-gram attached, and they are going to call me next. Shaking in my boots (not!). Have I imagined it or are they supposed to offer contact on telephone lines which don't cost me a fortune?

At least the letter is further confirmation that the account is terminated as the amount has not changed since the last letter.

Edited August 8, 2009 by exchange
Personal info visible

[exchange]

Just noticed that they haven't included the account number of the alleged account. Makes it a bit of an incomplete threat-o-gram!

[exchange]

Threat o gram 170709.pdf

 

Latest threat o gram from f.t.c, alias Capquest, alias CrapOne.

 

I had until the 16 July to respond in the last letter, now 26 July!

 

Balance owing remains unchanged.

 

Waiting for SAR response.

[exchange]

No account number stated on this threat o gram again by the way.

[exchange]

Threat o gram 280709.pdf

 

Latest threat o gram from this lot. At least they managed to put an account number on it this time.

 

Threatening doorstep callers and I would love to send the template letter to show I know my rights in the UK, problem is I'm not in the UK so not sure where I stand in the unlikely event that someone would show up.

 

What's better is the so called agreement which arrived in my SAR. I will put it on the next post.

[exchange]

'Agreement'.pdf

 

Here is my 'Agreement'. Prescribed terms???

 

Terms & Conditions are referred to but they have only ever sent current ones, not anything from 2003 when the card was applied for.

 

All views welcome!

[exchange]

Just read on another thread that Cap One should include there address on the agreement, can't see one!

[exchange]

Any volunteers to offer an opinion on my 'agreement' posted in 89?

[cerberusalert]

It's what it says on the tin...an application form. It's the usual Crap1 bollox which contains non of the prescribed terms i.e., credit limit, %APR, repayment terms etc.

[exchange]

Thanks cerberusalert, always nice to get confirmation of what I think.

 

As this account is terminated by Crapone and they are threatening doorstep callers I am tempted to ignore, but also tempted to write accepting the termination and telling them to (politely!) go away!

 

Not sure if I should waste printer ink!

[AA99]

Agree with cerberusalert, it's just an Application Form, not the Agreement:)

 

ps. you have left a reference number to your account in post #84:shock:

[exchange]

Removed! Thanks for noticing that AA99. As you know, they put the reference in the letter so many times it makes you wonder if it is to try and catch you out!

 

Would you respond in my situation?

[Capricorn1601]

I'm amazed you have been singled out!!! Very few people have actually received a CCA from Crap one

 

I CCA'd these bas***ds and all I have received is some recycled paper with you will have to make do with this as you CCA letter.

 

My case is on hold, i'M sstill paying them currently, as I dont have the strength to fight.

Edited August 8, 2009 by Capricorn1601

[exchange]

I'm amazed you have been singled out!!! Very few people have actually received a CCA from Crap one

 

I CCA'd these bas***ds and all I have received is some recycled paper with you will have to make do with this as you CCA letter.

 

My case is on hold, i'M sstill paying them currently, as I dont have the strength to fight.

 

Hi Capricorn1601, I only got the copy of the 'agreement' by sending an SAR.

 

At least I have a better idea of where I stand with them. Funny that they stated that the rubbish they sent me back in March was a copy of my original agreement!

[exchange]

They actually state in the letter that we have all had 'this is your original agreement'!

[exchange]

I have now written to all 4 of my disputed creditors pointing out non-compliance with my SAR as three of them only provided the last 6 years statements and to Crapone as they sent the unenforceable application form already posted in my SAR.

It is really quiet at the moment, not much in the way of contact from any of them by letter, phone or text. It must be Summer!!

[AA99]

I have now written to all 4 of my disputed creditors pointing out non-compliance with my SAR as three of them only provided the last 6 years statements and to Crapone as they sent the unenforceable application form already posted in my SAR.

It is really quiet at the moment, not much in the way of contact from any of them by letter, phone or text. It must be Summer!!

 

 

Me too, but have had some disappointing results from eager solicitors to say they're not really interested in anything under £5k. One of our Capone accounts is credit limit of £800 with that much now in charges, the other £200 credit limit with that much in charges:eek: Am about to send them a final final final final letter soon, btw I am unemployed with no house and 3 dependents