Carter and Cap1 Card - unable to provide CCA - Returned Postal Order

[24233513afw]

Hi Folks its me again. with a new thread on behalf of my husband who received letters from Cap 1 re his CC when we first started to have financial trouble (Last year) Now it has escalated to the infamous Bryan Catrer & Gang. Sent a CCA requests 11 May 2009, received this letter today with the original Postal Order that we sent for the CCA - He is stating that he cannot provide us with the information (CCA) we have to request it direct from his client (Cap 1), but to keep on paying him in the meantime. I shall post letter up on forum tonight for you to all ahave a wee read. This CC balance they claim is for £1,413.56 however this is made up of lots and lots of charges.

Can I claim back charges at the sametime as requesting a CCA or is this me be to eager....

 

Bryan Carter Letter

[dpick]

Hi send them a letter quoting section 175 of CCA 1974

 

175. Where under this Act a person is deemed to receive a notice or payment as agent of the creditor or owner under a regulated agreement, he shall be deemed to be under a contractual duty to the creditor or owner to transmit the notice, or remit the payment, to him forthwith.

 

You made the request he has to forward it to the creditor or get lost.

 

dpick

[IdaInFife]

Thank you for your letter dated xx/xx/xx in whcih you have refused to supply the relevant documentation persuant to s77(1) the consumer credit act 1974.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

My requests stands and as such the account has/will enter default on xx/xx/xx.

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.

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

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

 

Any futher contact from you other than a response to my above request will be reported to the relevant authorites.

 

Now fook off

 

ida x

[BankFodder]

Yes you can claim charges

[24233513afw]

Morning Ida, Once again you have come up with the goods I don't know where I would have been by now if it wasn't for this wonderful site. You have to give yourself a 'HUGE PAT ON THE BACK' along with a few others on this site. I have said this before I ENVY YOUR KNOWLEDGE I wish I had the time and brain capacity to really study this site. Since nursing and losing my Dad last year also with my Husband being ill its like the strength and fight has drained out of me especially when we got into the debt situation your brain does not work the same. Letter to Bryan Carter shall be executed on Monday. However at this stage I shall omit the NOW FOOK OFF and save this for a later date when I hopefully shall put it to a very good use I hope.

[24233513afw]

Cheers dpick I shall be writing idas letter for Monday and send it to them with great pleasure. Ax

[24233513afw]

Bank fodder many thanks for your reply charge claim letter also being made out to post Monday Morning.Ax

[24233513afw]

GREAT LETTER IDA.... A few other bits and pieces I have found going through this file hat I had fogotton..

1. This debt originally Cap 1 (Lots of Charges meed to send letter)

 

2. We were paying Debitas payments last year 2008.

 

3. Then Frerickson stepped in and we paid them until we could no longer keep payments up.

 

4. Then we received letter from their Solicitors BRYAN CARTER & G phoned them in Jan 09 and due to their harressment and bullying tactics(Hadn't found this site at the time) we agreed to a payment plan that we knew we couldn't afford but was afraid they sent my husband a payment card.

 

5. Then received a letter in 23 April 2009 saying we have failed to honour our arrangement to repay this debt (At last found this site).

 

6. CCA'd them 11th May 2009 and recieved letter from from them saying they couldn't provided what I was asking for (See copy on Sat 23/05/2009 @ 20.34pm).

 

7. Now, do I send the letter IDa has complied (Fantastic Letter by the way ida ) to Cap 1 / Bryan Carter or Fredrickson (Confused...you will be)

 

Here is the letter to Cap 1/Bryan Carter or Fredrickson or all 3.

 

Thank you for your letter dated xx/xx/xx in whcih you have refused to supply the relevant documentation persuant to s77(1) the consumer credit act 1974.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

My requests stands and as such the account has/will enter default on xx/xx/xx.

 

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.

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

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Any futher contact from you other than a response to my above request will be reported to the relevant authorites.

 

Now fook off

 

ida x

[IdaInFife]

send it too BC

 

ida x

[24233513afw]

Cheers Ida Letter to BC on its way today....luckily our Post Offices are open for this bank holiday. Sorry I can'ttip your scales(Not to give hubby a puch but to give you the merit you deserve) also citzenB can't tip his so here's a few wee smilies for you:):)

Edited May 25, 2009 by 24233513afw

[24233513afw]

Hi folks

Can anybody advise me regarding Subject Access Requets, can you request these in Scotland and who can you request them from i.e CC, Bank Loan, Overdrafts, Storecards. I have sent for charges to CC company (enclosing £10 for charges) but can I also request details from when my Husband took out his card which we reckon was 1995/6. ANy comments would be graciously recieved. cheers Ax

[IdaInFife]

yes you can from any company you have any dealings with. always send to the company you orginaly had dealing withs no point in sending to dca's as they won't have much.

 

You can but most say they only hols details for 6 years but the should hold all details til 6 years after your relationship ends

ida x

[24233513afw]

Cheers Ida your a gold mine of information. Here goes letter writting tomorrow once again.... Dont suppose you know where a Subject Access Request is on the forum for me to use. Does this mean that they have to send all details they hold regarding the account, even although it has been passed/sold on to DCA's cheers Ax.

[FlyboyAgain]

If they can't find it, Well, it's up to you if you want to keep paying it if you're worried about credit in future or not.

 

Watch out for your original debtor getting involved, though, like mine has!

[IdaInFife]

The Consumer Forums - Bank charges templates (consumer)

 

always send to the original creditor

 

ida x

[24233513afw]

Hi everyone,

 

ont he 11/5/09 we requested the CCA from Bryan Carter for my Husbands Cap 1 account, they refused so we resent (Idas) letter once again they replied they would put account on hold and request it from Cap 1.

 

2/6/09 - We sent Account in dispute letter.

 

Today 16/7/09 we have received a letter from Cap 1 stating that Brayn Carter are no longer managing our account and it has been returned to Cap 1, however there is still no sign of any CCA

 

We have posted this letter up on here, do we resend for CCA to Cap 1 or send them a Account in default as Bryan Carter has not sent us any CCA.

 

Any guidence would be greatly appreciated.

Cheers

AFW

 

Cap 1 Letter

[IdaInFife]

no need to resend you cca request is awalys 'acitve' whoever they send the account to:

 

the next piece of **** to send you a demand for payment you just send them:

 

ACCOUNT IN DISPUTE

Dear Sir or Madam,

Account number: XXXX XXXX XXXX XXXX

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original creditor/DCA** and has been since DATE 2007. Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

My last letter from **original creditor/DCA** was DATE and intimated that my complaint would be resolved on **DATE**, this obviously hasn’t happened. As **original creditor/DCA** are now in default of my Consumer Credit Act request, OFT Collection Guidelines, *Subject Access request 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 Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT 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,

 

 

editing it to suit

 

ida x

[24233513afw]

Ta Once again Ida.

Had a funny feeling something like this was going to happen as Bryan Carter have taken ages to get back to me.

SO this means the status of this account now is: STALEMATE

 

1. They have not provided me with the CCA

2. They are refusing to pay out our charges.

 

They seem to want everything their own way don't you think.

 

I suppose it is just having to be another waiting game.

Cheers

AFW

[IdaInFife]

if they are refusing to pay out charges then you need to go down court route

 

ida x

[24233513afw]

Hi

 

Sent letter to Cap 1 on 13/7/09 (they received 14/7/09) refusing their offer of charges giving them, 10 days to reply - to date no reply do I have to wait for a final response from them before contacting FOS or do I write to them again reiterating my refusal.

 

cheers

afw

[IdaInFife]

the postal system at the mo is carp, you have proof it was delivered so would'nt send again

 

ida x

[24233513afw]

the postal system at the mo is carp, you have proof it was delivered so would'nt send again

 

ida x

 

Hi Ida

you can say that again and again and again..I have lost count how many Recorded delivery letteres I have snt and no info on RM site.

 

I sent offer refusal to Cap 1 on 13.7.09 giving them 10 days to reply To date (27.7.09) surprise surprise NO REPLY I figured they should have replied by 23rd/25th July should I send a complaint letter or default letter or can I complain straight away to FOS. Remembering they still have not sent CCA and Cap 1 have taking the account back from Bryan Carter and are now demanding payment themselves.

Cheers

afw