Jump to content


  • Tweets

  • Posts

    • 1. who knows... 2. not the whole A/C vanishes from your file on the DN's 6th b'day ...already carefully explain this. 3.yes 4.already carefully explain this.
    • if i remember rightly, long ago in one of the first drafts of the old proposed gov't overhauls, there was a listing of recommended 'charges' that inc wrong reg = £20. some PPC's implemented such changes in advance. then later as it looked increasing likely the new code was never going to be implemented after it's 1st review and another set of codes was to be debated they all quietly revert back .......... dx
    • Potentially it may not even get sold on? Just the default left for 6 years then gone? but if it is sold on ill get a letter from the DCA which is the notice of assignment? Sorry what is the different between a default notice and a default cal marker? yes, i may try and work arrangements out with the OCs after the breathing space but I'll see my circumstances then thank you again for all your help and patience, I really appreciate it and apologies If i am too fast or repeating myself.
    • receiving a default NOTICE (forget simple default cal markers) does not mean it will get sold on... OC's very very rarely do court themselves.  if it does you would receive a Notice of Assignment from the debt buyer/DCA.  as for reduced payment if it remains with the OC and they issue a DN, no harm in trying but lets get all your ducks inline first. dx  
    • okay thanks do you know how long it will take for it to get to the DCA or could the OC try and issue a CCJ? even though it's unlikely also for example would the OC agree to a reduction and a small payment over a super lengthy period of time if agreed? Rather than go through chasing apologies again for all the questions, just trying to understand all the possible scenarios.  
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Dispute with Capital One


jet83
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4731 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi sunfllower

Although my dispute with crap 1 is looking encouraging i'm certainly not thinking its over yet, as you say more than likely it will get passed on to another dca but thats ok i'm up for a long fight if need be.

 

If it wasn't for this site i don't how i would be coping now as its given me so much information and confidence on how to go about taking on the bankers, especially cerberus who's given me invaluable advice from the beginning.

 

Cheers

 

jet

Link to post
Share on other sites

  • Replies 99
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Hi All

 

Capital one has sent me CCA with my signature on and it seems genuine so I am not disputing it any further, They also sent me subject access report which I have been working on this morning,

I will summarise all this here.

A .I have actually borrowed £3400 from them (the total usage of card in 6 years ) I have added every penny of every transaction made by me.

 

B, Then I have added all the direct debits payments to them and that totals up to £5700 .

 

This is just simple calculation, Money borrowed = Money paid

 

That does not include interest charged,late payments,cash withdraw. Balance transfers and PPI premium and any pentality fees and charges added to the account.

 

So on moral note I have paid them £2300 extra already. But i still owe them £10500 .

 

Now they have contacted a DCA who calls and threatns me 5 times a day.

 

Please people tell me what should I do?

Do I have a case ?

would justice be done to me in courts?

please help.

Hussy

Link to post
Share on other sites

Hi cerberusalert

Thanks i have found the post and it seems similar what i have got.

Crap 1 has passed my account to FPC a DCA who kept threatning me and now has written me to help if i ring them and set a payment plan etc?

I also have received subject access report from crap 1 and added the actual amount i borrowed (spending on the card ) and it comes up about £3800 then i added up direct debits (payments made ) and that comes up £5900 . on a moral note i have paid them already.

the intrest late fees and charges have not added up by me yet and i still owe them £10k....

so this £10k is all interest charges late fees balance transfer fees etc .

what should i do?

please help

Hussy

Link to post
Share on other sites

You should reclaim all your charges from the original creditor + any PPI that may have been included.

 

If the CCA doesn't contain all the prescribed terms, see http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/105315-my-agreement-enforceable-useful.html then send the 'In Dispute' letter to whoever is demanding payment now http://www.consumerforums.com/resources/templates-library/86-debt-collectors/582-possible-letter-when-a-questionable-agreementapplication-is-sent

Link to post
Share on other sites

  • 2 weeks later...
  • 3 months later...

Hi All

 

Crapone has got a DCA known as Fredrickeson International and they call themsalves FPC . They have been threatning me action and one of their firm of solicitors have written me a letter stating they will take action against me blah blah

I have actually borrwed 3800 from cap 1 over the years and have paid them 5700 by direct debit.

Paid 2000 worth of PPI (which I have claimed and they offered 700 refund and i have taken them to Financial Ombudsman service . I also have paid them 1000 in charges and late fees.

I still owe them 11000 ????????

anyway

now this FPC which is debit agency threating action against the address i live (the house is aint mine anymore it is my wife s name). I rang FPC up today becasue they gave me 48 hour notice to pay up othetwise they gonna start litigation?

I rang them up and eventually they offered me Interest freeze ( AT THE MOMENT)17 pound a month direct debit and review now and then to see if i could pay up extra,,,blah blah

I asked how long i have to pay she said at this rate it will take 53 years or so.

she refused to give me any guaranttee that the interst freeze will stay forever or they would be any additional charges in future,

shall i enter into such agreement with them?

Are they just harassing me or they have a case against me?

I have paid cap 1 more than i borrowed .

(I admit the cca sent by cap1 to me is accurate .the form is filled and signed by me and it is genuine ).

I told the DCA that if you take legal action against me the court will only order me what can i afford to pay . which may be £2 a month etc..

But the girl said well you dont know nobody knows aht can happen blah blah

I am scared shall i be or shall i not be?

do they have case and get the home i live?

Or they just bluffing?

Please all help with your kind advice as i am very upset and feel like killing myself.

please tell me shall i say yes to £15.85 or NO

I dont want to get into more trouble than I am in now.

Please please help,

Hussy

Link to post
Share on other sites

Hussy786

 

I, probably like many others, have been looking in on your thread regularly. You posted a copy of an application form in Post 8 of this thread. Have Capital One since sent you a different agreement?

The reason I ask is because the piece of paper in Post 8 is definitely unenforceable and whether you filled it in and signed it or not, or any other agreement, it still has to include the prescribed terms.

You should not talk to any one on the phone as they will use every trick they can to make you feel obligated to pay something.

It is likely that Fredericksons are bluffing and I am sure others will come along to offer more advice.

I have replied because you seem desperate and some perspective is needed. You will only have any chance of losing your home after a long process which is unlikely, in my opinion to ever happen.

I hope you can calm down about your situation and understand that it is not worth getting so upset about.

I do know how you feel, which is what is great about CAG, because we have all had varying degrees of stress caused by circumstances often out of our control and all occassionally panic.

Hang in there!

You can count on support and advice from here.

Exchange

Link to post
Share on other sites

Hi Hussy 786

 

I'm sorry to hear your feeling the way you do at the moment but please try and stop worrying so much as i agree with everything exchange said before me. I really do believe they are bluffing like they did me because unless they have sent you with another so called agreement since the application form they originally sent (which you said was like the one i received in post 8 of this thread), there really isn't much they can do to enforce the debt.

 

You must stop talking to them over the phone and send all correspondence by post and recorded delivery, otherwise they will threaten you and try to squeeze as much money out of you as possible, then come back for some more and make you feel the way you do now.

 

I also had fredrickson sending me threat-o-grams back in October but when i sent this letter http://www.consumerforums.com/resources/templates-library/86-debt-collectors/574-letter-when-account-has-been-passed-on-whilst-agreement-request-is-in-dispute they soon backed off and closed their file on me and sent it back cap 1 and i've heard nothing since.

 

Keep your chin up mate and don't these **** bags get on top of you:)

Link to post
Share on other sites

Please don`t let these swines get to you I know it`s easier said than done but it is usually a hollow threat and it only winds you up further if you allow them to get to you so please please do not speak to them hang up or whatever

 

They can`t enforce the debt from what i have read so they don`t have much ammunition to fire a judge if you ever got to court wouldn`t expect you to pay more than you can afford I know it`s hard but please try and calm down a bit we all get stressed that`s what these morons hope will happen don`t let them win keep your chin up:)

Link to post
Share on other sites

Hi Exchange Jet and Laura

 

Thank you so much for your encouraging support . Fredrickson wrote me another letter (by their lawer Brian clarke and co ) asking me to negotiate otherwise they will get discharge order from court etc against the home (the house is in my wife s name though since novermber 2009 ).

just for interest even if they have valid cca against me can they take home?

 

Tthank you so much for your support.

Hussy

Link to post
Share on other sites

Hi Jet

 

I have also tried to copy and paste your letter to fredrickson ,so i can send them as well but it seems coy protected could you please email me through Pm or can give me a link where I can copy and paste it. The above link does not work at all.

I shall be grateful to you for this act of kindness.

Hussy

Hussy

Link to post
Share on other sites

ACCOUNT IN DISPUTE

 

Date:

 

Dear Sir or Madam,

 

Account number: XXXX XXXX XXXX XXXX

 

I am in receipt of your letter dated XXXXX

 

This account is in dispute with **original creditor/DCA** and has been since DATE .

Not only is this a breach of the Consumer Protection From Unfair Trading Regulations 2008 in line with the Office Of Fair Trading's debt collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

 

My previous dispute from **DATE** has NOT been answered.

 

As **original creditor/name of debt collection agency** are now in default of my Consumer Credit Act agreementrequest and have also breached *s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.

 

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

 

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

 

Now I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.

 

If **New DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

After taking advice, I am of the opinion that any continued pursuit is in violation of the Consumer Protection From Unfair Trading Regulations 2008 in line with the Office Of Fair Tradings Collection Guidelines

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

Yours faithfully

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

Link to post
Share on other sites

Hi Hussey

I copied and pasted it to above post for you! Please try not to let these **** get to you ,They not worth it.Crapital one are a joke and an account taken in year you took it out not likely to be enforceable!:)

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

Link to post
Share on other sites

Thanks sunflower for replying to hussy's request from me, i've been busy working away and not had chance to do it for him.

 

Hope this letter works for you as it did for me and send these morons on their merry way:D

Link to post
Share on other sites

  • 1 year later...

Hi ALL : thank you for your continued support and help> I have some updates which i would like to inform you all my friends and seek further advice. Now MBNA and crap1 has stopped me chasing up but couple of DCA s are threatning me court action and costs > one is calld CMC and the other is moorcroft debit recoveries> I also came to know a new fact(WHICH I BADLY NEED TO VERIFY OR CERTIFY BY YOU GUYS )that i have been told by two gents who work for DCAs and personally told me that unless i negotiate nd agree some payment plan with THESE DCAs there is nothing they can do in the court ,,, IS THAT TRUE? the original creditors mbna and Crap1 has stopped bothering me for a year now but these DCAs are doing my heading and threats > HOW FAR THEY CAN CAUSE DAMAGE TO ME IN COURTS? all i need the answer for this. Please Help >>>>and mbna has even sent me a statment (the last so for ) where it shows balance outstanding 00:00 and when i mentioned this to a DCA who is chasing this debit up on their behalf they said i should send them a copy of that as it could be a computer error blah blah. Shall i send them copy? or they want the copy to get more info > i told them i present this copy in court when you will drag me to the court and the guy on the phone said it means nothing as it could be error but he was not so confident when he said that and insisted i send him the copy . what should i do? please advice

Hussy

Link to post
Share on other sites

I reported Moorcroft to the FOS they have had numerous complaints about them and was told they looking into their licence to operate, I wouldn`t worry about these people unless they have purchased the debt they have no rights to collect on them

 

They cannot do anything to you if they do not own the debt you are not obliged to even talk to them tell them in writing to return the debt to the original creditor and that they a 3rd party to the debt and have no authority to discuss this with you

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...