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Locutus vs CapitalOne


Locutus80
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Hi everyone,

 

I've ready through a lot of posts in the Capital One and other forums and would appreciate some advice as to what to do next please.

 

In October last year I sent off my CCA request to Capital One, which they've ignored and instead my account was defaulted and instead sent off to variosu DCA's (currently with Fredickerson International).

 

I sent a final letter to Capital One informing them that I wanted all data registered with 3rd parties (i.e. Experian etc.) to be removed and that all references to any alleged account I held with them to be deleted.

 

They've now sent me the same template letter that others have received from Ellie saying that they enclose a COPY of the current T&C's, and that they have the right to omit my signature from the supplied documents. Obviously my first question would be how I know that its a true copy of the executed agreement if my signature isn't present. I also can't check for any of the prescribed terms unless they provide the original agreement.

 

So, without them providing me anything credible, I don't fear the threatogram letters from them and the DCA talking about legal action.

 

My main question is, what next? How can I get the £20k alleged balance 'wiped' and close this matter?

 

Thanks for any and all help - you're amazing people!!

Locutus

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Hi everyone,

 

I've ready through a lot of posts in the Capital One and other forums and would appreciate some advice as to what to do next please.

 

In October last year I sent off my CCA request to Capital One, which they've ignored and instead my account was defaulted and instead sent off to variosu DCA's (currently with Fredickerson International).

 

I sent a final letter to Capital One informing them that I wanted all data registered with 3rd parties (i.e. Experian etc.) to be removed and that all references to any alleged account I held with them to be deleted.

 

They've now sent me the same template letter that others have received from Ellie saying that they enclose a COPY of the current T&C's, and that they have the right to omit my signature from the supplied documents. Obviously my first question would be how I know that its a true copy of the executed agreement if my signature isn't present. I also can't check for any of the prescribed terms unless they provide the original agreement.

 

So, without them providing me anything credible, I don't fear the threatogram letters from them and the DCA talking about legal action.

 

My main question is, what next? How can I get the £20k alleged balance 'wiped' and close this matter?

 

Thanks for any and all help - you're amazing people!!

Locutus

 

Have you SAR'd them in the past, they used to send out the agreement as part of the SAR although I understand they've now stopped sending them out.

 

Alternative to get sight of your app form/agreement is to either CCA one of the DCA's that come sniffing or try and force the hand of crap1 by going down the CPR route.

 

Read this thread's first 10-12 posts to understand the process and then send off the first letter if you feel confident in taking crap1 to court to disclose.

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html

 

All just my opinions as ever.

S.

Are You as Anonymous on CAG as You Think You Are? *Link*

 

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

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

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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