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Capital one and Capquest. Help please.


hitchy1
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Have been getting letters from Capquest on behalf of Capital one which prompted me to send the letter below by recorded delivery.

 

I write with regards to the above account with your organisation.

 

I respectfully request that you provide me by return a copy of the credit agreement which bears my signature. I require this as i have reason to believe that there may be discrepancies within the agreement which may leave it improperly executed.

obviously if the agreement is improperly executed i would be entitled to ask the court to consider the agreement and make a declaration of the rights of parties to the agreement.

 

I must stress this request is NOT made pursuant to section 78 Consumer Credit Act 1974 but is made pursuant to the Civil Procedure Rules ( Pre action protocols and Part 31.16) and therefore an unsigned copy will not suffice, only a copy of the original contract in its unaltered form will suffice in these circumstances

 

Please confirm if you still hold a copy of my signed agreement and that you will provide me with this document.

 

I do not view this as an unreasonable request given that by supplying the document which i have asked for it will allow me to assess if my case has merit and will help to resolve matters possibly without the need to involve the court and will undoubtedly save costs on both sides

 

I look forward to your reply and would ask for a response by 4pm on 17th April 2009

Today i received a notice from Capquest stating CREDITORS NOTICE and on completely red paper for effect. Threat is unless i pay within 7 days County Court action may be taken.

Any advice would be welcome.

 

 

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Thanks, i phoned Capquest this evening and asked them why they were sending letters when i had requested info from Capital one.

 

They stated that i should send the same letter to them, but im thinkiing that as their letter arrived after i sent my request to Capital one i will just ignore it.

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  • 3 weeks later...

I CCA'd Crap one recently and today i have received some paperwork from them.

 

A terms of agreement form showing a credit limit. No date and no signature.

 

A blank cancellation form.

 

A letter stating the following.

 

Please find enclosed a copy of your credit agreement as requested. In accordance with section 78 of the consumer credit act 1974 and the consumer credit (cancellation notice and copy documents) Regulations1983, this is your original agreement, and if any terms have been varied, then the copy agreement will include the updated terms. In addition, your personal details, the signature box, signature and date of signature have been omitted from the copy provided as permitted under regulation 3 of the Consumer credit(cancellation notices and copy documents) Regulations 1983.

Your account is in default and the amount currently due and payable is £xxxx

Under section 78 we are not required to provide a copy of the default notice and statement of default. However, we can confirm that a statement default was issued on 23rd March 2009.

Looks like they dont have anything, but what is my next move?

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Send them this -

 

 

Dear Sirs,

Account Number: XXX

Re; your recent reply to my request under section 77-79 of the Consumer Credit Act 1974.

I note that you have replied to the above by sending an illegible copy of the alleged agreement. I must inform you that this is not sufficient to comply with the request and that your company is still in default under the Act.

To clarify, The Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 SI No. 1557 states:

Legibility of notices and copy documents and wording of prescribed Forms

2.-(1) The lettering in every notice in a Form prescribed by these Regulations and in every copy of an executed agreement, security instrument or other document referred to in the Act and delivered or sent to a debtor, hirer or surety under any provision of the Act shall, apart from any signature, be easily legible and of a colour which is readily distinguishable from the colour of the paper.

I hope this explains why your reply was unacceptable. I await a True copy of my agreement and would remind you again that whilst the request has not been complied with the default continues.

Yours faithfully

 

 

Edited by deathbycrayons
Poo, I copied the wrong letter, one sec....

If I have been helpful in any way, please tip my scales :lol:

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Here you go, sorry for any confusion. Send them this:

 

Account In Dispute

 

Ref:

 

Dear Sir/Madam

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

You have failed to comply with my request, and as such the account entered default on **DATE**.

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore

 

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

 

This limit has expired.

 

As you are no doubt aware section 77(6) states:

 

If the creditor fails to comply with Subsection (1)

 

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

 

Therefore this account has become unenforceable at law.

 

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

 

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

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

 

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

 

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

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

* You may not pass the account to a third party.

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

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

 

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

If I have been helpful in any way, please tip my scales :lol:

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Thanks for that, looks great. What is the date of default, is that 12 days from when i originally sent the request which was on 27th March and the documents they sent were dated yesterday?

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I did send it recorded,so will be able to track and work out from there. Thanks very much, i will keep you posted.

 

Could you look through my original letter and advise if it fits with the second one you suggested. Thanks.

 

I write with regards to the above account with your organisation.

 

I respectfully request that you provide me by return a copy of the credit agreement which bears my signature. I require this as i have reason to believe that there may be discrepancies within the agreement which may leave it improperly executed.

obviously if the agreement is improperly executed i would be entitled to ask the court to consider the agreement and make a declaration of the rights of parties to the agreement.

 

I must stress this request is NOT made pursuant to section 78 Consumer Credit Act 1974 but is made pursuant to the Civil Procedure Rules ( Pre action protocols and Part 31.16) and therefore an unsigned copy will not suffice, only a copy of the original contract in its unaltered form will suffice in these circumstances

 

Please confirm if you still hold a copy of my signed agreement and that you will provide me with this document.

 

I do not view this as an unreasonable request given that by supplying the document which i have asked for it will allow me to assess if my case has merit and will help to resolve matters possibly without the need to involve the court and will undoubtedly save costs on both sides

 

I look forward to your reply and would ask for a response by 4pm on 17th April 2009

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Not sure, because of where is says - "I must stress this request is NOT made pursuant to section 78 Consumer Credit Act 1974 but is made pursuant to the Civil Procedure Rules ( Pre action protocols and Part 31.16) and therefore an unsigned copy will not suffice, only a copy of the original contract in its unaltered form will suffice in these circumstances

"

May I ask someone else to take a look?

If I have been helpful in any way, please tip my scales :lol:

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Any help i can get would be useful. I think the result is probably the same, but i need to send the correct letter or i might weaken my case. The original letter i sent was from a template on this site.

Thanks

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Hi, the #7 is the original letter that i sent to them. Their reply is dated in #1 in which they have failed to supply any signed documentation.

I now want to send a follow up letter but not sure what i should send.

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Looks like the Muppets completely missed the point of your letter in post #7 then, if they are trying to rely on CCA s78 and copy document regs in the reply in post #1. :rolleyes:

 

(or they are being deliberately dense)

[SIZE=2][COLOR=SeaGreen][FONT=Verdana][URL="http://www.nationaldebtline.co.uk/"][/URL][/FONT][/COLOR][/SIZE]

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Really not sure, would think if they had some signed documentation they would have sent it.

 

Question is now do i just ignore them or do i strike with another letter.:confused:

 

 

Do you think the letter below which i have altered slightly will suffice?

 

Account In Dispute

 

Dear Sir/Madam.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above alleged account.

 

On 27.03.2009 I made a formal request for a true signed agreement for the alleged account. A copy of which is enclosed for your perusal and ease of reference.

 

The document that you are obliged to send me is a true copy of the alleged executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both the alleged creditor and myself as defined in section 61(1) of CCA 1974 and subsequent Statutory Instruments.

If the alleged executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document. In addition a full statement of the alleged account should have been sent to me detailing all debits and credits to the alleged account.

Furthermore you are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of an alleged credit agreement to be carried out before your client enters into a default situation.

 

This limit has expired.

 

As you are no doubt aware section 77(6) states:

 

If the creditor fails to comply with Subsection (1)(a) He is not entitled, while the default continues, to enforce the agreement.

 

Therefore this account has become unenforceable at law.

 

As you have Failed to comply with a lawful request for a true, signed copy of the said alleged agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the other documentation.

 

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

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

Should you not respond within 14 days I expect that this means you agree to remove all such data.

Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute.

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

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

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

* You may not pass the alleged account to a third party.

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

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

 

I reserve the right to report your actions to any such regulatory authorities as I see fit. You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint. I therefore request a copy of your official complaints procedure which you are obliged to supply.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully,

 

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Hitchy,

 

Personally I would not waste my time again.

 

They know the law and all you will receive is a standard letter saying they have supplied all they need to backed up by a load of tosh, that they are able to do what they wish with your data as you agreed to it on the agreement you originally signed (which they claim to have sent but have only enclosed blank forms) and that Ellie doesn't want to play any more!! but will defend anything and everything to the death.

 

They are a complete joke. I sincerely wish that I could purchase a share or two and then attend the AGM to ask "If you are so sure of your ground why not then put up (ie fight and win a few cases) or shut up!!

 

GK

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Thanks everyone for the advice.

I have been paying these guys at £5 a month on a debt management plan, therefore my reason to challenge is aimed at not paying them anymore unless they can provide the proof required.

 

As soon as i have sent the letter i intend cancelling the payment and will then deal with them.

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