Dispute with Capital One

[jet83]

I foolishly paid a minium payment on this account about 3 weeks ago whilst the account was in dispute (i know was stupid to do so) and then received a late payment charge for £12 the next day plus 27.090% interest if not paid within 28 days which i totally forgot about until last night. Should I send them a letter saying they are not permitted to charge me this whilst the account is in dispute?

[cerberusalert]

No just ignore them. No matter what you write & say they'll just carry on adding charges etc. It doesn't mean that they will be paid tho'. Besides unless you had previously written and said that you disputed the account it wasn't officially in dispute.

[jet83]

Thats the thing i did previously send them a letter saying i disputed the account, does this make any difference to the dispute?

[cerberusalert]

No it doesn't make any difference. Crap1 live in their own little world & think they can adhere to their own rules. If they carry on with their daft antics just make a complaint to your Trading Standards & the OFT...even email your MP to complain, & while you are at it ask him/her if they are attending the debate regarding debt collection on the 22nd April.

[phoenix11]

Can I dip in here and ask if Cap one were any better with their forms and record keeping by Nov 2006?

 

I've got a great long foolscap + length document in 4pt font size which doesn't have my sig, but just my name and address and no date.

 

I've obviously signed something and sent it back as I have the welcome letter.

 

Any ideas or am I farting in the wind here?

[cerberusalert]

Did you apply for it online? If you did there should be a 'tick' box agreeing to the T&Cs which serves as the signature.

[phoenix11]

No, mine was one of those leaflets through the mail.

[cerberusalert]

I'd be tempted to send them Scots letter below & see what their response is;

 

Re: my request under the Consumer Credit Act 1974

 

Thank you for your recent letter sent to me, the contents of which are noted. I appreciate your quick response to my original letter. However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974.

 

The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter.

 

My request remains outstanding. The items you sent in your reply, does not constitute a true copy of any credit agreement that may or may not have been signed by me on the opening of this account. It neither confirms that I am liable for any alleged debt to you, nor gives me any chance to evaluate whether any original agreement was ‘properly executed’.

 

I still require you to send me a true copy of the original credit agreement that you allege exists. As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.

 

You had until XX/XX/2008 to provide me with the true copy I requested. You are now in default of my request. Any account I hold with you is now in legal dispute. Whilst the account remains in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agency.

 

To register information with a credit reference agency, you must have written consent from the customer to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.

 

The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office

 

To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Whilst you remain in default of my request, you are not permitted to take any action against this account. This includes adding further charges and passing any information to the credit reference agencies.

 

Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me.

 

 

I look forward to your reply.

 

Yours faithfully

Print name do not sign

 

**amend to suit your circumstances.**

[jet83]

Hi. received this letter today from cap one which quite supprised me as in the previous letter from ms Ellie Renshaw she said there would be no further contact from them on this matter!

 

 

Dear Mr ######

 

 

Account No.#######

 

 

Thank you for your letter about your request for us to provide you with a true copy of your credit agreement.

 

Unfortunately there are no more documents that can be sent.

 

As I've already explained, in accordance with section 78 of the Consumer Cedit 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 Crdit (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 the correct format.

 

Your account status remains behind in payments. We will continue to pursue the outstanding debt £##### and wil defend any application you may wish to bring against us.

 

As I have mentioned I 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 acknoledged but we will not enter into any further correspondence.

 

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

 

Yours sincerely

 

 

Ellie Ranshaw

Executive Office Manager

 

 

 

 

 

Do you think I should send a reply to this letter or ignore it?

[cerberusalert]

There's no point in carrying on with the postal ping pong, just ignore them now, in all probability they'll sell the account on to a DCA. If they do they can easily be despatched as there isn't an enforceable agreement, Ellie has as good as admitted to that fact by the statement "Unfortunately there are no more documents that can be sent" and even in the unlikely event that they attempted to obtain a CCJ you can bring them to 'Strict Proof' to provide an enforceable CCA which they can't & you would win the case & be awarded costs.

[jet83]

Yeah thought it would probably be a waste of time replying to them as they just keep repeating the same old guff, but atleast she's more or less admitted to not having an enforceable agreement this time:) just thought i'd check with you first.

 

Thanks again

[jet83]

Received the letter below yesterday along with another £12.00 late payment charge notice. Should I reply to this one?

 

 

 

Date 22/4/2009

 

Dear Mr #######

 

Your account number #######

 

Notice of Sums in Arrears

You have missed or failed to pay in full the last 2 contractual minimum payments to yopur Capital One account. In order to comply with the amended Customer Credit Act 1974 we are required to provide you with this notice. If you have already paid this or have arranged to pay this - thank you. If you are on a payment plan then this notice will not impact the staus of your payment arrangement. No further action is required from you at this point.

The details of your last 2 missed or partly paid payments are as follows

 

The amount payable for the first of the missed or partly paid payments: £#######

The date on which the above amount became due: 20/03/2009

 

The amount payable for the second of the missed or partly paid payments:£#######

The date on which the above amount became due: 17/04/2009

 

Nature of the amount due: This the amount you should of paid (minium payment plus arrears).

 

Any partial payments made and the date on which that payment was made.

£##### 28/03/2009

 

However, the imformation above may not include any overlimit amount. Where your balance exceeds your credit limit, and, to comply with your credit agreement. you must also make an immediate payment to bring your balance below your credit limit.

 

This letter is not a demand and you should continue to refer to your statements for full details of the status of your account.

 

The remaining total amount payable to clear your arrears is £######. This total is made up of your outstanding minimum payment including any arrears amounts.

 

Missed and partly made payments

 

This notice does not give details of missed or partly made payments previously notified whether or not the remain unpaid.

 

Default sums and interest

You may have to pay default sums and interest in relation to the missed or partly made payments indicated above in addition to any default sums and interest already included in this notice. Please contact us if you would like further details. This notice does not take account of any payment received after the date of the letter.

 

Office of Fai Trading Information Sheet

This notice should include a copy of the current information sheet on arrears prepared by the Office of Fair Trading. This contains important information about your rights and where to go for support and advice, for example on applying for a Time Order as well as right to charge you interest. If it is not included you should contact us to get one. Please refer to the Office of Fair Trading information sheet fopr more information about how to get advice on dealing with your debt.

 

Please call our feephone number..................

 

Yours sincerely,

 

 

Michael Woodburn

Vice President of Collections

[cerberusalert]

Make a complaint to the OFT even tho' Ellie may not think it's in dispute, it is until they provide the CCA;

[email protected]

 

tel: 020 7211 5823

[jet83]

Right ok thanks cerberusalert will let you know how i get on

[jet83]

I made the complaint to the OFT against crap1 and it seemed to do trick as i heard nothing from them either by phone or letter for nearly a month, then i started having the odd phone call this week and was expecting a letter from a dca but had this instead from their collections again, seem to be going nowhere with this one at the moment.

 

Notice of default Sums

The following information relates to default sums that became payable on your account from the date when your most recent statement was isssued (you may not have received this yet). This information is being provided to comply with the amended 1974 Consumer Credt Act.

 

You will notice that you incurred the follwing degfault sums:

 

Date Incurred Deatails amount

18/05/2009 LATEOR FAILURE TO PAY £12.00

 

This notice does not take account of default sums which we have already told you about in another default sum notice, whether or not those sums remain unpaid.

 

The total amount of all default sums included in this notice is £12.00

 

Interest

We are not entitled to charge you interest on the default sums for the first 28 after we have given you this notice. However if the sums are not paid in full by that date interest will be charged at rate of 26.090%. Since this interest rate is a variable rate, the rate which will apply to the default sum once the 28 days have passed may be different.

 

If you have a query, plaese call us. Our telephone number is 0800 952 4966. We're here 8am-9pm Monday to Friday, and 8am-6pm saturday and sunday

 

Yours sincerely,

 

Michael Woodburn

Vice President of Collections

 

[jet83]

Hi all

 

I finally received a DN from cap1 on tuesday (23rd) it was sent 1st class but unfortunately they've given me 28 days as from the date on the letter which was the 17th to pay up to date so no luck there:( Guess now i've just got to wait for a letter off the lovely debitas and take from there.

[cerberusalert]

Did they specify a date to remedy by or did it say 28 days from the date of the letter?

[jet83]

can't remember i'll just go and check

[jet83]

can't find the bloody letter now but i'm pretty sure it said 28 days from the date of the letter

[cerberusalert]

It's important that you find it because if it just states 28 days then it will be defective, see;

 

Defective default notices explained;

http://www.consumeractiongroup.co.uk/forum/show-post/post-2166205.html

[jet83]

Found it, it states the following

 

You have broken your capital One Credit Agreement by failing to pay us the minimum monthly repayments described in clause 8 of the agreement.

 

You mjust pay the amount overdue, shown above. this payment must reach your Capital One account within 28 days of the date of this letter.

[cerberusalert]

Well as soon as they terminate the a/c all they will be able to legally claim are the arrears. The balance will have to be wiped out.

 

Keep that letter very safe for future use & whatever you do don't let on to them about the defective DN.

[jet83]

fanatastic thats made my week:D fingers crossed they see through termination of the a/c now thanks again cerberus.

[jet83]

Hi all

 

received the following letter from cap1 today

 

IMPORTANT YOU SHOULD READ THIS CAREFULLY

STATEMENT OF DEFAULT

Your Capital One account is now officially in default.

As of the 20/7/2009 you have defaulted and you owe us £#######

 

1. We have terminated your account. This means you have permanently lost your account and all spending privileges on your card.

 

2. We now have the right to demand that you pay your full balance immediately. we may add any reasonable costs we incur as a result of recovering the amount owed.

 

3. We eill notify the credit reference agencies that you have defaulted on your agreement. This may affect your ability to obtain credit from other lenders.

 

4. We may place your account with, or sell your account to a debt collections agency, which may use door-to-door collectors or begin legal proceedings to recover all sums owed to us.

 

Our nominated representative will contact you shortly.

 

I also had a letter from debitas basically giving me 3 days to pay the full amount owed or to discuss an alternative solution.

As the a/c has now been terminated and they messed up by sending me a defective default notice to start with could someone please advise me on the kind of letter to send them.

 

cheers

[beachcomber60]

Welcome to Cap. 1 Merry-go-round club.

 

A word of advice, no matter what you send debitarse they will ignore it all, just make sure whatever you do send make sure its sent recorded because one thing they will probably do is set Power(less)2Contact on you because they will say they have lost contact with you, you know, as well as we all do, they are only capable of sending template threat-on-grams.

 

Sorry I post links to what letters to send them, I'am on the road at the moment so pretty limited to what I can do on my mobile.

 

Congratulations on having your account 'terminated' the same way as most of us - will they ever learn?

 

Regards,

 

Beachy