Dispute with Capital One

[jet83]

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

[Hussy786]

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.

[cerberusalert]

Can you scan the CCA, remove identifying details & post it up so we can check whether it's enforceable or not.

[Hussy786]

Hi Thanks

 

uNFORTUNATELY I DONT HAVE SCANNING FACILITIES BUT WHAT THEY HAVE SENT ME IS AN APPLICATION FORM FILLED AND SIGNED BY ME SEEMS GENUINE

i AM SO UPSET

[cerberusalert]

An agreement has to contain certain prescribed terms to be enforceable see; http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/105315-my-agreement-enforceable-useful.html

[jet83]

Hi hussy

Is the application form you received the same as the one i had from cap one? have a look its on post number 8 of this thread, if so then its unenforeceable:)

[Hussy786]

HI Jet

 

Thank you for your reply. Post no 8 of yours or post no 8 of this thread?

please help

[cerberusalert]

HI Jet

 

Thank you for your reply. Post no 8 of yours or post no 8 of this thread?

please help

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/192981-dispute-capital-one.html#post2086932

[Hussy786]

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

[cerberusalert]

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

[Hussy786]

Hi cerberusalert

Thank you for your encouragment.

 

will do.

Thanks ever so much.

[Hussy786]

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,

[exchange]

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

[jet83]

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:)

[Laura Cooke]

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:)

[Hussy786]

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.

[Hussy786]

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

[sunflower99]

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

[sunflower99]

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!

[jet83]

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

[Hussy786]

Hi Sunflower and Jet

 

Thnk you for your continued suuort.

I am really grateful

[Hussy786]

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

[Laura Cooke]

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

[Hussy786]

Thank yoou so much Laura

[Laura Cooke]

My pleasure these parasites try to grind you down hoping you will make offers that you simply cannot afford chin up