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Capital One CCA


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As advised by a fellow CAGGER, I have moved this to Cap one area.

 

These are the documents received from Capital one regarding my CCA.

 

EditedCCA1-1.jpg

 

EditedCCA2-1.jpg

 

EditedCCA3-1.jpg

At the bottom of this page in the right hand corner are a long row of figures ending in 0208. I presume this is February 2008. Since when has Feb 2008 appeared on a CCA taken out in 2000 (since found out, account was opened in 1999).

 

EditedCCA4-1.jpg

 

Cap One were 4 days over the 12 + 2 day requirement and as today (21st April) my account with them is officially in default. Are they within their rights to do this?

 

None of these documents appear to have any relevance to my original CCA with this creditor.

 

 

Account In Dispute

 

Ref:

 

 

 

Dear Sir/Madam

 

 

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

 

You have failed to comply with my request, and as such the account entered default on **DATE**.(12+2 days after you sent the CCA request)

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore;

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation. This limit has expired

 

As you are no doubt aware section 77(6) states:

 

If the creditor fails to comply with Subsection (1)(a) He is not entitled , while the default continues, to enforce the agreement.Therefore this account has become unenforceable at law.

 

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested, any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS. Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends. Should you not respond within 21 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute.

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit. You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint. I therefore request a copy of your official complaints procedure which you are obliged to supply.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

 

Yours faithfully,

 

 

 

 

 

 

 

With regards to Cap1 did they not send your CCA? If not send the letter above.

 

Thanks to cerberusalert for the advice.

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I received this on Thurs 23 April.

Sorry for not posting earlier, but have just recovered from a bad back that I have had for the last 3 weeks.

 

FTCdebtcollectoredited.jpg

 

Also on the same date, a letter from Cap one stating that my account with them is now in default.

 

Are they within their rights to issue me with a default for the account, even though they themselves are in default by not sending me my CCA for the account?

 

I presume I can send both FTC and Cap One the account in dispute letter which would countermand their default letter.

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Hi,

 

Send Cap1 the A/C in dispute letter but send FTC (or Capquest :D) 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.html

 

CAp1 shouldn't have passed the debt on as they haven't complied with your request.

 

Did CAP1 send you a default notice Or is that the letter you have just got. Can you post it up?

The default notice has to give you a specific time to remedy the default.

 

fox

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Hello Silverfox1961.

Here is the default notice from cap one.

 

Caponedefaultnoticeedited.jpg

 

There does not appear to be a timescale in the letter to remedy the default.

 

Regards,

Allets

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Hi Allets

 

It's not a copy of the terms of your agreement anyway. The late payment figure is wrong. This is the same thing they send to everyone. Same letter/s, same everything.

 

I suggest you join the Capone Fan Club: Sunflower's thread is Just Recieved a Signed Capital One Agreement

 

I am so impressed by that Ellie Renshaw - there she is on maternity leave but still obviously popping into the capone office every day to sign her letters.:rolleyes: Such devotion to duty.

 

DD

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Hi,

That default notice isn't a default notice but a termination letter.

 

Did you receive a letter giving you 14 days to remedy the default? If not then they could have trouble proving you received one

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Hello silverfox1961.

 

I take it you meant this letter. It was getting a bit late and I have paperwork all over the place.

 

I am playing catch-up with all my creditors at the moment, due to a recent illness having me laid up in bed.

 

acttoavoidfurtheractionedited.jpg

 

Hello DD.

I can’t find the Capone fan club. Where is it located please?

 

Regards,

Allets.

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Well, that letter isn't a default notice either.

 

The default notice has to tell you how to remedy the default and the consequences of not doing anything. It also gives you a date for you to remedy the default (usually 14 days).

 

As you've been ill, I would do things in your own time and don't let CAP1 bully you. Get yourself a file and some plastic wallets, file everything in date order(sorry if i'm teaching you to suck eggs), make copies of everything you have sent them(don't trust your hard drive), keep envelopes.

 

It may come to it that CAP1 will flog your account on but we can help deal with that too.

 

Once you're well again, you could consider taking them to court to force disclosure OR SAR them. With a SAR, they have to supply everything they hold on you.

 

BTW, I have no idea either where the fan club is :|

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Thanks, Beachy. I obviously didn't do the link right.

 

As you will see, we have been trying to plan a day out/picnic in Nottingham for ages so we can inspect our agreements, but for some reason capone have not come back to any of us with a date for this visit. I expect it is because Ellie is on maternity leave and although she's popping in to sign all her letters she doesn't want to meet us. :(

 

We are very nice people - I'm sure we'd offer Ellie a crisp or two. :D

 

DD

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Thanks, Beachy. I obviously didn't do the link right.

 

As you will see, we have been trying to plan a day out/picnic in Nottingham for ages so we can inspect our agreements, but for some reason capone have not come back to any of us with a date for this visit. I expect it is because Ellie is on maternity leave and although she's popping in to sign all her letters she doesn't want to meet us. :(

 

We are very nice people - I'm sure we'd offer Ellie a crisp or two. :D

 

DD

 

 

No problem,

 

Mrs. Beachy & me b lookin forward to the trip if there's a coach from Jannerland, gonna bring the scones, jam & clotted cream to make a day of it, maybe followed by Champers when capone tell us all they got nowt but the cut & paste jobs they've sent out to us all. :cool:

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Hello there folks, Im after some helpful advice. I have recently requested my signed CCA from Capital One and I recieved back from them ( Definately after 12 days!! ) after two to three weeks roughly, exactly the same letter as Desperate Daniella.

 

As I am a complete novice at all of this I was adviced to do this by my cousin whom managed to get rid of £30,000 worth of debt with all her creditors. Im just wandering what my next step must be???

 

Any advice would be gratefully recieved.

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No problem,

 

Mrs. Beachy & me b lookin forward to the trip if there's a coach from Jannerland, gonna bring the scones, jam & clotted cream to make a day of it, maybe followed by Champers when capone tell us all they got nowt but the cut & paste jobs they've sent out to us all. :cool:

 

 

Oooops Sorry DD,

 

My link didn't work either. :confused:

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Hello there folks, Im after some helpful advice. I have recently requested my signed CCA from Capital One and I recieved back from them ( Definately after 12 days!! ) after two to three weeks roughly, exactly the same letter as Desperate Daniella.

 

As I am a complete novice at all of this I was adviced to do this by my cousin whom managed to get rid of £30,000 worth of debt with all her creditors. Im just wandering what my next step must be???

 

Any advice would be gratefully recieved.

 

Hi

I'm assuming this is the thread you asked me to look at.

 

It doesn't matter that it's beyond the 12+2 days. If the agreement was enforceable then they could carry on chasing you.

 

As, if as you say, you have got the same info from CAP1 then the A/C in dispute letter needs to be sent.

 

It would be better if you started a new thread of your own because:

a) you would get missed otherwise

b) it's a little rude to hijack someone else's thread

 

If you need help in doing so PM me

 

fox

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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Hi Adskiwhiski,

 

As Fox says, it's probably better to start your own thread, although I actually haven't got a Capital One thread, so you obviously read my letter, or comments on someone else's. :) (Probably Sunflower 99's which is the official Capone Fan Club - Beachy and I both apparently failed to do the link properly but if you do a search on capone, you'll find Sunflower's thread and can subscribe. It's a very jolly thread. :D)

 

I didn't start my own capone thread (although I have a number of others:eek:) because everything I read about Capone on so many threads was the same old, same old, same old....... If anything new or different ever happens to me with capone I'll start a thread with "exciting development with capone" as the title, but in the meantime I'm just keeping in touch with other caponers and sharing info.

 

DD

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Let me try this link and see if it works:D

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/172543-just-recieved-signed-capital.html#post1861519

 

YAY that works but I wonder why the other links don't work

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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I too have received what appears to the be the same document back.

 

Can I ask if this was signed would they have deemed to have supplied a CCA?

 

Also should I stop paying immediately? My credit history is all up to date so I'm a little concerned about ruining it!

 

Thanks in advance.

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Also should I stop paying immediately? My credit history is all up to date so I'm a little concerned about ruining it!

 

Thanks in advance.

 

Then you'll need to keep paying. As short term at least they will wreck your credit report.

 

S.

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The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

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IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

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Hello all.

An update regarding my cap one account.

 

As advised, I sent them this on 27th April 2009.

 

 

editedreplytorequestedcca1.jpg

editedreplytorequestedcca2-1.jpg

 

Today I received this letter from cap one.

 

editedreplyreccacapone1.jpg

editedreplyreccacapone2.jpg

 

What would be my next step in replying to this letter?

 

I also received a leaflet titled: “Please tell us if we have made a mistake”. Well, after the advice I have received from this forum, they must know that they have made a mistake, by not providing me with what I requested.

Why do they insist that they are in the right and go through all the various obstacles, etc?

Are they hoping that we will just cave in and accept the inevitable?

 

Regards,

Allets.

Edited by allets
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Hello Fellow Gaggers.

Received this just over a week ago from FTC.

 

FTCreplyrecaponedispute.jpg

 

Apparently Cap one are not taking any notice because I did not sign the letter I sent them regarding account in dispute for not supplying me with my CCA. Although I did print my name.

There was also attached to the letter from FTC an income/expenditure form, which I have no intention of completing. Cap one had one of these from the CCCS at the beginning of the year.

 

Also received this letter from FTC today.

 

FTC18may2009.jpg

 

Do these people never give up?

The account is in dispute until I receive the documents that I requested.

Would it be an idea to send Cap one and FTC a copy of my valid CCA that I have received from Lloyds Tsb, indicating that this is what I require, or would this be a no no?

How should I reply to them both to get them off my back?

 

Regards,

Allets.

 

 

P.S. DD, I can't find the page to Sunflowers capone thread.

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