Cap One - CCA

[cerberusalert]

Send the CPR part 31.161

[mashmallow]

Hello Cerb,

 

Thanks for your reply I will send it off

 

 

Regards

 

Mashmallow

[creditcardmug]

Hi, why do you think Cap1 have not issued court proceedings, they have the perfect vehicle through freds/bryan carter to do so.

 

They DO NOT have a leg to stand on that's why!, as is the case with every single one i have seen on here.

 

They will eventually sell it to the likes of lowell, (as they have done with mine) Tune in for more episodes on my thread with cap1!

[mashmallow]

I believe you are right, they have all these powers and we are just skint flints

so yes why don't they just take me to Court you have hit the nail. I am going for gold now will let you know. Thanks a mill for your input.

 

Mashmallow

[mashmallow]

Hello everyone,

 

Got a letter from Freds 'letter before action' despite me sending CAP i (CPR part 31.16. stating i wanted a reply by the 22nd June, and Freds are back on the scene. What trick can i use on them now?

 

Many thanks

 

Mashmallow

 

xxx

[cerberusalert]

 

Make a complaint to your local trading standards & the OFT with regards to their harassment and threats, they are in clear breach of OFT guidelines & CPUT ;

 

 

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/DebtCollectionComplaintForm.DOC

 

The Office of Fair Trading: Contact us

 

[email protected]

 

The Office of Fair Trading: Debt collection practices

 

tel: 020 7211 5823

Debt collection guidance - Final guidance on unfair business practices - oft664

[mashmallow]

Thanks my dear friend,

 

I will do, where does the little man and the hand come from very amusing.

 

Mashmallow

 

XXXXX:lol:

[cerberusalert]

I've had it that long I can't remember. I've used it on my website for a couple of years.

[creditcardmug]

Personally i would just wait for freds to pass it to the infamous Bryan Carter outfit (their sister solicitor firm), and take it from there (many threads on carter here)

[mashmallow]

sorry Cerb,

 

Did'nt say thanks I have found a letter I am going to send off shall I also write to Freds and tell them of this or do I just ignore them for now?

 

Thanks

 

 

Mashmallow

 

xx;)

[mashmallow]

Cerb,

 

Sorry to be thick I looked on the links you gave me but not sure which letter of comjplaint do I send to the OFT etc and also do I write to Freds and tell them I have reported them. If you have time please could you help.

 

Regards,

 

 

Mashmallow

xx

[cerberusalert]

The first link is a complaint form you can download a fill in.

 

The second is a link to the OFT website'

 

The third is an OFT email address who you can contact directly to complain.

 

Don't bother contacting Freds.

[mashmallow]

Hello Members,

 

After receiving a letter from Freds, got another letter from Cap 1 today.

I don't know what is going on but after sending a complain to the TS which I done today and after sending the CPR 31.16 I get this:-

 

As I've already explained in accordance with section 78 1983 we have provided you with with a copy of your original agreement bla bla bla. Your account status remains in default. We do not accept that your request satisfies the criteria at CPR 31.16, we do not believe that a copy of your original agreement would have to be disclosed under CPR31.6 as part of our standard disclosure obligations. In essence it is your case that you are entiled to a copy of the org agreement it is in our case that you are not. This is for the court to decide. The disclosure will not help the court to decide. We shall refer this letter to the court if regardless of the above you decide to make an application under CPr etc., You now have the option of contaction the FO. What on earth does this mean and what do i do now.

 

Please help.

 

Regards,

 

Mashmallow

 

XX

[mashmallow]

Sent CPR 31 to cap one only to get a letter from Freds chasing the debt again. Recent letter they sent I have attached, can anyone tell me what they mean and what do I send them.

 

Thanks

 

 

Mashallow

Edited June 12, 2009 by mashmallow
send id details by mistake

[mashmallow]

I sent Cap One the CPR 31 letter and then got this back from them I have attached it to this message also fot a letter from Freds agin demanding payment. What do I send them now.

 

Thanks

 

Mashmallow

capital One letter.pdf

[mashmallow]

I will try again received a letter from Cap One despite sending them the CPR 31 I have attached this for info, also the same time I have received a letter again from Freds chasing the debt as well. What do I do now.

 

Thanks Mashmallow

capital One letter.pdf

[mashmallow]

I have received a letter from Cap one today attached after sending them the CPR 31 also Freds are back on the scene again chasing the debt, any advice please on what I should do with these clowns.

 

Sorry if I repeated myself.

 

Mashmallow

capital One letter.pdf

[Dinkjames]

Now where have I seen that letter before Oh, yes, I have one filed too

 

Not much you can do, I think. You've pretty much done all you can to get a copy from them. They are not going to change their position. The only option now is they take you to court and you get them to disclose the agreement as part of the proceedings.

 

I send Ms Renshaw this letter

 

I DO NOT AKNOWLEDGE ANY DEBT TO YOUR COMPANY

 

Dear Ms Renshaw

 

Re: *ACCOUNT NUMBER* ACCOUNT IN DISPUTE

Re: My request under Sections 77-79 of the Consumer Credit act 1974

 

Thank you for your letter dated *DATE* and your further letter dated 2 *DATE*, the contents of which have been noted. However, the reply received by me does not fulfill your obligations 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 alleged 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 dated *DATE*, upon receipt of the original request the specified account legally entered into disputed status.

 

My request remains outstanding. A generic credit card agreement does not constitute a true copy of a credit agreement that exists in relation to the above account and that which you have sent does not contain all of the prescribed terms that the Act calls for and is not properly executed. In addition, the generic credit card agreement does not state the account number. The current ‘conditions’ sent are irrelevant. I also require you to provide full details of all payments/interest/charges/balances to the account since its alleged inception to date.

 

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 provide such an agreement, this alleged debt is not enforceable in law.

 

You had until *DATE*to provide me with the true copy I requested. After that date you entered into default of my request. Whilst the account is in dispute, you are not permitted to ask for payment, nor am I obliged to offer any payment to you.

Furthermore, whilst the dispute remains, you are not entitled to charge any interest to 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 agencies (or any third party and you may not legally transfer this alleged debt to any debt collection agency).

 

To register information with a credit reference agency, you must have written consent from the data subject 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 do not have consent to share my information.

 

I respectfully ask you to remove any default references or data added to my credit file.

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 Commissioner’s Office.

 

The time limits, which are laid down in the Consumer Credit (prescribed periods for giving information) Regulations 1983 are clear. You must supply an executed credit agreement within 12 working days of a proper CCA request. If you fail to comply with a legitimate request the account enters a default situation.

 

Therefore you have until the *DATE* to contact me with your intentions to resolve this matter which is now a formal complaint, otherwise your conduct may be reported to the Office of Fair Trading, the Financial Ombudsman and Trading Standards, Any investigation undertaken by them may affect your ability to offer credit in the future.

 

In summary, I will not be making any further payments to you until you provide me with the documents I have requested. 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

 

Edit to suit your circumstances.