Capital one and Capquest. Help please.

[deathbycrayons]

What's the magic 200?

[GamekeeperToPoacher]

You were close to 200 posts that is all

 

GK

[deathbycrayons]

Oh

[hitchy1]

You were right, received the letter today pretty much as you described and stating they have complied i am still in default and they will continue processing my data.

 

Can someone please advise what the next steps are please.

[clemma]

Have a look through this thread and send the letter suggested by Toulose http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/191791-knocked-back-dca-sec.html

[hitchy1]

Will this suffice or do i need to make changes?

seems to be aimed at a DCA rather than the company themselves.

[clemma]

Just amend it to suit if possible

[hitchy1]

Just amend it to suit if possible

 

Have amended to remove all references of the DCA as i am dealing direct with Crap One. Be grateful for your thoughts on the letter below.

 

I acknowledge receipt of your letter dated 30.04.2009 written in response to the notice served upon you under Section 10 Data Protection Act 1998 a copy of which is attached for your convenience.*

 

I take note that you claim authority to process my data under Schedule 2 Paragraph 2(a) of this Act and acknowledge that you claim no rights under any other subsection of this paragraph.

 

Unfortunately I believe you to be confused as to your legal position in the matter and consider your response to be legally flawed and thus in breach of my Sec 10 request.

 

The next logical step should be for me to seek enforcement of the order under a civil Court action but I feel even at this late stage this is something which can be avoided were we to co-operate in the matter. This letter contains within it a notice under Civil Procedure Rules, I am of the belief that if the CPR Pre Action Protocols are followed diligently by both parties then litigation is likely to be unnecessary.

 

Schedule 2 paragraph 2 (a) of The Data Protection Act 1998 reads thus:

 

2. The processing is necessary—

(a) for the performance of a contract to which the data subject is a party,

 

This is where your confusion arises, I shall try and explain it simply for you. Might I also suggest that if you require further clarification in the matter that you acquire yourself a copy of the excellent book on the Law of contract written by Guenther Treitel? This is a highly informative tome and is frequently used as a reference in these matters by Lawyers and Judges right up to the very highest levels of the British Judiciary system.

 

 

You seem to believe that a contract exists between yourselves Capital One and myself yet you have failed to produce a true signed copy of this contract despite request. I personally and the Courts most definitely will expect you to produce any such written document in the event of litigation.

 

In the absence of any documentation to support your claim that myself and Capital One are legally bound by contract I am left with no option but to refute your claim made under Schedule 2 Para 2 (a) of The Data Protection Act 1998 as lawfully unmeritorious.

 

As I state above the next logical step would be for me to seek enforcement of the Section 10 order through the County Courts.

 

It would be both churlish and a breach of protocols to rush into litigation against yourselves without satisfying all other avenues of settlement in this matter and establishing both the merit(s) of my cause(s) for any intended action and my being able evaluate the likelihood of success prior to proceedings being initiated.

 

The facts of the matter are thus:

 

You claim right under contract to process my data and I state you do not have right under contract since no such contract between ourselves exists nor ever has existed.

Surely common sense tells us that litigation with a view to enforcement can easily be avoided upon production by yourselves of the following document.

 

A true copy of a contract signed and entered into between myself John Hitchmough and your Company Capital One

 

Receipt of this document will be looked upon by myself as proof that you have contractual right to process my data as you claim and no action with a view to enforcement against your company under Sec 10 Data Protection Act 1998 will be forthcoming.

 

I enclose within this letter a request made under CPR 31.16 of the Civil Proceedings Rules. I am making this request from yourselves in an attempt to clarify matters thus:

 

I am embarrassed to admit that I have no knowledge of any contract existing between myself and your company and disclosure of these documents will help quickly establish the authenticity of your claim that such contract exists, whether any cause of action exists and may help me make an educated appraisal of the likelihood of success of any action I might bring against you.

 

 

Disclosure of this document at this stage will also undoubtedly save costs and court time should litigation ensue but more importantly might help us as the two parties involved find resolution without having to resort to litigation which I'm sure you will agree would be a far more amicable and likely less expensive way to conduct this dispute.

 

I am a reasonable person and although this matter has been ongoing between us for some time now to my detriment I am still prepared to make the following gesture of goodwill towards yourselves with a view to avoiding litigation. I am prepared to give you 28 days from the date of posting (which has been recorded) in order to do either of the following:

 

1) Comply with the lawful request made under Section 10 Data Protection Act 1998 on 20.04.09

 

or.

 

2) Provide all such documents as I request in the attached formal CPR 31.16 request notice enclosed within this letter.

 

Failure to comply with neither one of these requests will result in my reviewing the situation. At that stage I may feel it is appropriate to issue you a reminder of your obligations and grant you an extension in order that you may comply or if I decide that you are deliberately frustrating matters I may at that stage look to begin proceedings against yourselves without further notice. Such proceedings will be in order to obtain enforcement of the Section 10 1998 notice of the 20.04.09 a notice you acknowledge being in receipt of. Notwithstanding the fact that you are indubitably in breach of your obligations to keep any data processed accurate and up to date it is likely that any application for enforcement will centre upon the fact you claim to be in contract with myself. Obviously you will be called upon by the Court to provide a copy of this contract for inspection and analysis.

 

As a further gesture of goodwill towards you in this matter I hereby state that I am prepared to meet your reasonable costs subject to these costs being incurred solely in respect of sourcing, reproducing and delivering the requested documents to me. You may supply me with a particularised invoice for these costs and I shall meet them promptly although I would expect prior to any payment being made that all the documentation made within the CPR 31.16 request has been provided to me.*

 

If there is anything in this letter which you do not understand I suggest you seek advice from a solicitor or a consumer credit advice centre such as the Citizens Advice Bureau.

 

 

Faithfully.

[hitchy1]

Have amended to remove all references of the DCA as i am dealing direct with Crap One. Be grateful for your thoughts on the letter below.

 

I acknowledge receipt of your letter dated 30.04.2009 written in response to the notice served upon you under Section 10 Data Protection Act 1998 a copy of which is attached for your convenience.*

 

I take note that you claim authority to process my data under Schedule 2 Paragraph 2(a) of this Act and acknowledge that you claim no rights under any other subsection of this paragraph.

 

Unfortunately I believe you to be confused as to your legal position in the matter and consider your response to be legally flawed and thus in breach of my Sec 10 request.

 

The next logical step should be for me to seek enforcement of the order under a civil Court action but I feel even at this late stage this is something which can be avoided were we to co-operate in the matter. This letter contains within it a notice under Civil Procedure Rules, I am of the belief that if the CPR Pre Action Protocols are followed diligently by both parties then litigation is likely to be unnecessary.

 

Schedule 2 paragraph 2 (a) of The Data Protection Act 1998 reads thus:

 

2. The processing is necessary—

(a) for the performance of a contract to which the data subject is a party,

 

This is where your confusion arises, I shall try and explain it simply for you. Might I also suggest that if you require further clarification in the matter that you acquire yourself a copy of the excellent book on the Law of contract written by Guenther Treitel? This is a highly informative tome and is frequently used as a reference in these matters by Lawyers and Judges right up to the very highest levels of the British Judiciary system.

 

 

You seem to believe that a contract exists between yourselves Capital One and myself yet you have failed to produce a true signed copy of this contract despite request. I personally and the Courts most definitely will expect you to produce any such written document in the event of litigation.

 

In the absence of any documentation to support your claim that myself and Capital One are legally bound by contract I am left with no option but to refute your claim made under Schedule 2 Para 2 (a) of The Data Protection Act 1998 as lawfully unmeritorious.

 

As I state above the next logical step would be for me to seek enforcement of the Section 10 order through the County Courts.

 

It would be both churlish and a breach of protocols to rush into litigation against yourselves without satisfying all other avenues of settlement in this matter and establishing both the merit(s) of my cause(s) for any intended action and my being able evaluate the likelihood of success prior to proceedings being initiated.

 

The facts of the matter are thus:

 

You claim right under contract to process my data and I state you do not have right under contract since no such contract between ourselves exists nor ever has existed.

Surely common sense tells us that litigation with a view to enforcement can easily be avoided upon production by yourselves of the following document.

 

A true copy of a contract signed and entered into between myself John Hitchmough and your Company Capital One

 

Receipt of this document will be looked upon by myself as proof that you have contractual right to process my data as you claim and no action with a view to enforcement against your company under Sec 10 Data Protection Act 1998 will be forthcoming.

 

I enclose within this letter a request made under CPR 31.16 of the Civil Proceedings Rules. I am making this request from yourselves in an attempt to clarify matters thus:

 

I am embarrassed to admit that I have no knowledge of any contract existing between myself and your company and disclosure of these documents will help quickly establish the authenticity of your claim that such contract exists, whether any cause of action exists and may help me make an educated appraisal of the likelihood of success of any action I might bring against you.

 

 

Disclosure of this document at this stage will also undoubtedly save costs and court time should litigation ensue but more importantly might help us as the two parties involved find resolution without having to resort to litigation which I'm sure you will agree would be a far more amicable and likely less expensive way to conduct this dispute.

 

I am a reasonable person and although this matter has been ongoing between us for some time now to my detriment I am still prepared to make the following gesture of goodwill towards yourselves with a view to avoiding litigation. I am prepared to give you 28 days from the date of posting (which has been recorded) in order to do either of the following:

 

1) Comply with the lawful request made under Section 10 Data Protection Act 1998 on 20.04.09

 

or.

 

2) Provide all such documents as I request in the attached formal CPR 31.16 request notice enclosed within this letter.

 

Failure to comply with neither one of these requests will result in my reviewing the situation. At that stage I may feel it is appropriate to issue you a reminder of your obligations and grant you an extension in order that you may comply or if I decide that you are deliberately frustrating matters I may at that stage look to begin proceedings against yourselves without further notice. Such proceedings will be in order to obtain enforcement of the Section 10 1998 notice of the 20.04.09 a notice you acknowledge being in receipt of. Notwithstanding the fact that you are indubitably in breach of your obligations to keep any data processed accurate and up to date it is likely that any application for enforcement will centre upon the fact you claim to be in contract with myself. Obviously you will be called upon by the Court to provide a copy of this contract for inspection and analysis.

 

As a further gesture of goodwill towards you in this matter I hereby state that I am prepared to meet your reasonable costs subject to these costs being incurred solely in respect of sourcing, reproducing and delivering the requested documents to me. You may supply me with a particularised invoice for these costs and I shall meet them promptly although I would expect prior to any payment being made that all the documentation made within the CPR 31.16 request has been provided to me.*

 

If there is anything in this letter which you do not understand I suggest you seek advice from a solicitor or a consumer credit advice centre such as the Citizens Advice Bureau.

 

 

Faithfully.

 

They tried involving Capquest in this, i sent them the same Acc in dispute and questioned why they were involved.

Received a letter from them yesterday saying they had referred it back to Crap One. Lets see what happens next.

[hitchy1]

They tried involving Capquest in this, i sent them the same Acc in dispute and questioned why they were involved.

Received a letter from them yesterday saying they had referred it back to Crap One. Lets see what happens next.

 

Received this from crap one this morning. What next please?

Thank you for your letter about your request for us to provide you with a true copy of your credit agreement. There are no more documents that can be sent.

As I've already explained, in accordance with section 78 of the Consumer Credit Act 1974 and the Consumer Credit (Cancellation Notices and Copy Documents) Regulations 1983, we've provided you with a copy of 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 were omitted from the copy provided as permitted under Regulation 3 of the Consumer Credit (Cancellation Notices and Copy Documents) Regulations 1983.

I can confirm to you that your credit agreement complies with the Consumer Credit Act 1974 and is in the correct format.

Your account status remains defaulted. We will continue to pursue the outstanding debt of and will defend any application you may wish to bring against us.

 

We note your reference to CPR 31.16. You will be aware that any request for pre-action disclosure under this rule must satisfy the criteria set out at CPR 31.16. Any application made to Court seeking such disclosure will need to be accompanied by evidence explaining why the criteria are satisfied. You have not yet provided us with sufficient information as to why you believe that your request satisfies these criteria. Without this information, we are unable to consider your request any further.

As I mentioned in my previous letter, you now have the option of contacting the Financial Ombudsman. As we've already sent our final response, I need to let you know that we won't be able to send any different documentation to support your request.

I must now inform you that any further contact we receive from you on this subject will be acknowledged but we will not enter into any further correspondence.

(Typical call charge from a BT landline is 7p connection fee plus up to 2p per minute. Calls from other networks and mobiles may be higher. Calls may be recorded/monitored for training purposes)

Ellie Renshaw

Executive Office Manager

[hitchy1]

DBC is going for the magic 200!

 

OK then send it first class and save nearly a quid - as it is a template it won't take much effort.

 

GK

 

Could you look at the response i received today and let me know your thoughts. Thanks

[GamekeeperToPoacher]

Hitchy,

 

Please pop round to my house when you have 5 mins and we can compare notes - As I understand it MS R is on maternity leave - someone is forging her mail.

 

Sorry mate just another threatogram

 

GK

[clemma]

Take a look at this http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html

 

You may have to go down this route instead.......

[hitchy1]

Take a look at this http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html

 

You may have to go down this route instead.......

 

Hi, i have done all the routes now. The reply they sent me is in response to the CPR request after i had already done the CCA. I think Gamekeeper to Poacher is basically saying that they have no evidence and the letters are just threats. Think if it went to court they couldn't supply anything, in the meantime they will probably keep hassling me.

[GamekeeperToPoacher]

Hi Hitchy,

 

If you look at what Clemma said I think you will find it is where you start hassling them.

 

GK

[clemma]

Agreed GK. If they are refusing to comply with your CPR request, then follow pt2537's advice on taking this further!! If they know you are serious, then they may back down.

 

In other words, you have to tell them "TAKE ME TO COURT" or, you take them instead

[hitchy1]

Agreed GK. If they are refusing to comply with your CPR request, then follow pt2537's advice on taking this further!! If they know you are serious, then they may back down.

 

In other words, you have to tell them "TAKE ME TO COURT" or, you take them instead

 

I have read through quite a bit of the thread and it is very complicated. Is the suggestion here that i now take them to court? to be honest i would be quite prepared to fight them taking me to court based on the fact that there is no evidence.

[GamekeeperToPoacher]

Hitchy,

 

That is the problem they will continue to harass you passing you from DCA to DCA until you give in and pay, die, or the 6 years are over and it is stat barred

 

This way you resolve the situation in a shorter period of time - this is what the reputable claims management companies are doing.

 

GK

[hitchy1]

Hitchy,

 

That is the problem they will continue to harass you passing you from DCA to DCA until you give in and pay, die, or the 6 years are over and it is stat barred

 

This way you resolve the situation in a shorter period of time - this is what the reputable claims management companies are doing.

 

GK

Ok i need to study it further, the problem is I'm not sure what and how to proceed. There are a number of posts were people are saying they wish they hadn't proceeded because they didn't understand the legalities clearly enough, particularly with costs whereby the defendants costs are paid.

[GamekeeperToPoacher]

No worries,

 

Come back when you are ready (you can always PM)

 

GK