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    • i would suggest you look at the dates of posts on those other forums paypal do not sell debts and even if they do, there is stuff and all any debts buyer could do yo you in the UK. forget it, or even better go complaint to your bank and tell them paypal did not advise you £1200 would come out of your a/c, which they should do, and that it was the result of fraud. you don't have to tell them any details.   as for the rest of your debts..   debt IS NOT A CRIMINAL OFFENCE IN THE UK..where the beep did you get that from!!   pers i'd be opening a parachute account and getting asll your income paid into that so NO-ONE can get their hands on it. cause NW are just about to introduce 40% OD int rate and they will forever be draining you of money   get OUT NOW from them.   dx      
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    • Is this any better?  I've resigned myself to losing. Admittedly, I don't quite know what I'm doing. I just hope I get a remote hearing, that should save me some embarrassment.      1) The Claimants pleaded case is that the Defendant entered into an agreement with Provident subsequently assigned to Vanquis Bank Limited under account reference xxx.    2) It is admitted I have had financial dealings with Provident in the past. However, have no recollection of the alleged reference number the claimant refers to.   3) In February 2019 I made a formal written request to the Claimant for them to provide me with a copy of my Consumer Credit Agreement as entitled to do so under sections 78 of the Consumer Credit Act 1974.    4) On the 21 June 2019 the Claimant sent a response which enclosed a reconstituted copy of an agreement, default notice, notice of assignment Provident to Vanquis, notice of assignment Vanquis to Lowell. [EXHIBIT x, x & x].   5) On 30/07/19, I received a claims form from the County Court Business Centre, Northampton, for the amount of £369.84. The claimant contends that the claim is for the sum of £369.84 in respect of monies owing under an alleged agreement with the account no xxxx  pursuant to The Consumer Credit Act 1974 (CCA).   6) Contained within the claimants particulars the claimant states that the account was subject to assignment from Provident to Vanquis. The claimant states a further assignment to them occurred on 12/06/2017 with notice given.    7) It is denied notice of assignment from Provident to Vanquis and subsequently Vanquis to Lowell were ever received.    😎 The claimant states documents were received at both addresses. The claimant doesn’t appear able to confirm my address and therefore cannot say with certainty said documents were received. Furthermore, the client did not issue said documents and therefore cannot prove delivery.     9) It is denied any communication took place with myself and Vanquis Bank Limited. Any alleged legal assignment to part of the “Fresh Start” initiative had not been informed. I have no previous knowledge.   10) Under the consumer credit act 2006, until debts have been repaid, there is an obligation to send statements and notices to the debtor at prescribed intervals at no more than 12 months. The statement should explain the money borrowed, money paid, interest in all cases and the outstanding amount. Consequences of failing to make repayments and the opportunity of making minimum payments should be informed. The Claimant has submitted a statement of accounts dated March 2019. This having followed my request for a credit consumer agreement. It is denied this document and any such required statement of accounts required under section 77A during the alleged agreement were ever received.   11) The claimant states that a default notice was issued on 18thJanuary 2017. The payment date requested by Vanquis Bank Limited on said document is  28thFebruary 2017. The formal Notice of Default that was accompanying this letter displays a requested payment date, 28thFebruary 2019. (Exhibit x, x)   12) I argue that this is not in fact a COPY of an original default notice, that they state was issued during February 2017, but that this is a fabricated version of a default notice created by Lowell. Either way the default notice was not issued by the assigned creditor (Vanquis).   13) It is therefore contended that the original creditor failed to serve a valid Default Notice pursuant to section 87(1) Service of a notice on the debtor or in accordance with section 88 (a “default notice ”) is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor of a regulated agreement.   14) The Claimant states a default notice was not required. If there is a default in payments during the fixed term a default notice must be issued. The Claimant states they were informed a default notice was sent on 18thJanuary. The Claimants case relies upon being informed and does not constitute fact.   15) It is denied a default notice was ever received.    16) It is admitted I responded to the Claimant’s pre-action protocol letter addressed in my name. I indicated I did not know if I owed the debt. I indicated as such having no recollection of affiliation with Vanquis nor Lowell. A default for the allege debt appearing on my credit file only November 2019.    17) I understand that the claimant is an Assignee, a buyer of defunct or bad debts which are bought on mass portfolios at a much reduced cost to the amount claimed and which the original creditors have already written off as a capital loss and claimed against taxable income.   As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party.   18) Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.
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natalie

Natalie vs Capital One

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So I sent off my CCA requests on 18th June.

 

Today I received the following from Capital One

 

"Thank you for your recent letter requesting copy documents for your account.

You requested copies of the executed credit agreement and a statement of your account under section 78 of the Consumer Credit Act 1974 [actually I didnt request a statement but nevermind]

Please find enclosed a copy of your credit agreement as requested. In accordance with section 78 of the CCA 1974 and the Consumer Credit (cancellations notices and copy documents) Regulations 1983, this is your original agreement, and if any terms have been varied then the copy agreement will include the updated terms. In addition, your personal details, the signature box and date of signature have been omitted from the copy provided as permitted under Regulation 3 of the Consumer Credit (Cancellations Notices and Copy Documents) Regulations 1983.

Your account is in default and the amount currently due and payable is £XXX.XX

Under Section 78 we are not required to provide a copy of the default notice and statement of default. However, we can confirm that a statement of default was issued on XXth XXXXXXX 2009

I trust this information will help you with your enquiries.. blah blah blah contact me again.. yada yada yada ..

Karon A Bullock

Executive Office"

Along with this I got a copy of the t's and c's in leaflet form and this

 

capital one001.jpg

 

 

I'm pretty sure its unenforcable, it isnt the original agreement (for a start its got £12 for charges, and the account was opened in 2001) But what do I do now? Just write back telling them this isnt a copy of the original agreement?


If you find my post helpful please click on the scales at the top. Thank you

FAQ SECTION HERE

 

Halifax Bank Claim filed and settled

Halifax Credit Card settled

Argos Store Card settled

 

CCA requests sent to

Halifax Credit Card

LLoyds TSB Credit Card

Capital One

Moorcroft (Argos)

NDR

18/06/09

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okay so that didnt work very well


If you find my post helpful please click on the scales at the top. Thank you

FAQ SECTION HERE

 

Halifax Bank Claim filed and settled

Halifax Credit Card settled

Argos Store Card settled

 

CCA requests sent to

Halifax Credit Card

LLoyds TSB Credit Card

Capital One

Moorcroft (Argos)

NDR

18/06/09

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The picture is far too small - try uploading it to photobucket first - HERE

 

Capone are pretty useless at supplying CCA's anyway, but until I can see it, I can't advise any further.


:)I am not an expert, but I can give good advice about Brighthouse:)

 

Am learning more and more about DCA's too :)

 

I have no legal experience and all advice given is based on the knowledge I've gained from this site.

 

<------If you think I have been helpful, please feel free to tip my scales - remember to put your CAG name though!

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Its the standard re-hashed agreement, its not the historic agreement and its not enforceable, it does probably meet with the s78 requirements though.

 

S.

Edited by the_shadow
total mind blip there

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Deal with your debts:

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Better image here

CCA.doc

Edited by natalie
trying to attach better image

If you find my post helpful please click on the scales at the top. Thank you

FAQ SECTION HERE

 

Halifax Bank Claim filed and settled

Halifax Credit Card settled

Argos Store Card settled

 

CCA requests sent to

Halifax Credit Card

LLoyds TSB Credit Card

Capital One

Moorcroft (Argos)

NDR

18/06/09

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If that is all they have sent, then it's totally unenforceable. It's just the new T&C's that bear no relation to you. Send them the following:

 

Dear Sirs,

 

Account Number: XXX

 

Re: your recent reply to my request under section 77-79 of the Consumer Credit Act 1974

 

I note that you have replied to the above by sending your companies current Terms and conditions I must inform you that this is not sufficient to comply with the request and that your company is still in default under the act.

 

To clarify, just sending the Terms and Conditions is a breach of the Act and Regulations as, apart from the information that the Regulations provide that you may exclude, the copy must be a “true copy” of the agreement.

 

This breach of the agreement can be demonstrated as follows;

As you will know section 180(1) (b) authorises, “the omission from a copy of certain material from the original, or the inclusion of certain material in condensed form.” This refers to statutory instruments made under the heading Copies of document regulations and in this care in particular to SI 1983/1557.

 

Before leaving section 180 there are two other sections that should be remembered these are:

 

Section 2(2) (a) A duty imposed by any provision of this Act (except section 35) to supply a copy of any document is not satisfied unless the copy supplied is in the prescribed form and conforms to the prescribed requirements;

 

And more importantly

 

Section 2(b) A duty imposed by any provision of this Act (except section 35) to supply a copy of any document is not infringed by the omission of any material, or its inclusion in condensed form, if that is authorised by regulations.

 

You will see that this quite clearly states that whilst certain items may be left out of the copy document the rest of the document must be in the form and contain all items as prescribed by the regulations.

 

Turning to the regulations regarding what may be omitted from these copies these are contained with SI 1983/1557.

 

The regulations state:

(2) There may be omitted from any such copy-

(a) any information included in an executed agreement, security instrument or other document relating to the debtor, hirer or surety or included for the use of the creditor or owner only which is not required to be included therein by the Act or any Regulations thereunder as to the form and content of the document of which it is a copy;

(b) any signature box, signature or date of signature (other than, in the case of a copy of a cancelable executed agreement delivered to the debtor under section 63(1) of the Act, the date of signature by the debtor of an agreement to which section 68(b) of the Act applies);

 

It is quite clear what can be omitted from the copy document, this again asserts that all other details of the agreement should presented in form and content as required by the regulations.

 

The requirements of the Agreement regulations 1983/1553 are very explicit in describing the form and content of an agreement and this as I have demonstrated also applies to the copy of any such agreement with the above mentioned proviso.

 

Nowhere within these regulations does it state that part of the agreement can be presented on a separate document headed terms and conditions.

It does state that all terms and conditions should be within the agreement document and is explicit of the form in which it is presented.

 

I hope this explains why your reply was unacceptable I await a True copy of my agreement and would remind you again that whilst the request has not been complied with the default continues

 

Yours faithfully

__________________


:)I am not an expert, but I can give good advice about Brighthouse:)

 

Am learning more and more about DCA's too :)

 

I have no legal experience and all advice given is based on the knowledge I've gained from this site.

 

<------If you think I have been helpful, please feel free to tip my scales - remember to put your CAG name though!

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Is basic English so hard to grasp for these morons? :S

 

Just had a letter back from Crap 1

 

"Thank you for writing back to me about your request for us to provide you with a true copy of your credit agreement.

As I have already explained, in accordance with section 78 of the Consumer Creidt Act 1974 and the Consumer Credit (Cancellation Notices and Copy Documents) Regulations 1983 we've provided you with a copy of your original agreement, and if any terms have been varied, then the copy agreement will include the updated terms. which means it isnt a copy of the original agreement..... because the ORIGINAL by its very definition will not have updated terms

 

In addition, your personal details, the signature box, signature and date of signature were omitted from the copy provided as permitted under regulation 3 of the Consumer Credit (Cancellations Notices and Copy Documents) Regulations 1983.

You clearly [possibly to those affected by illusions] have a valid and enforceable credit agreement with Capital One, as evidenced by the documents sent to you and any claim to the contrary will be strongly defended.

I must politely refer you to the key financial information section on your credit agreement provided to you. You will see these specifically provide details of the credit agreement, interest rates and monthly payments set out as required by the prescribed terms.

This is my final response.. blah blah blah......


If you find my post helpful please click on the scales at the top. Thank you

FAQ SECTION HERE

 

Halifax Bank Claim filed and settled

Halifax Credit Card settled

Argos Store Card settled

 

CCA requests sent to

Halifax Credit Card

LLoyds TSB Credit Card

Capital One

Moorcroft (Argos)

NDR

18/06/09

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And another letter from Crap 1

 

"Thank you for writing back to me about your request to provide you with true copy of your credit agreement.

As I've already explained, in accordance with section 78 of the consumer credit act 1974 weive already provided you with a copy of your original agreement, and if any terms have been varied, then the copy agreement will include the updated terms.

Your account remains defaulted and the balance currently stands at £xxx.xx

You have asked u to consider your letter as a statutory notice under section 10 of the Data Protection Act, to cease procesing any data in relation to your account. I can inform you that you are not entitled to serve a notice under section 10 for the following reasons:

Crap 1 informed you when you applied for your credit card and in the terms of your agreement how your data would be procesed and you gave consented [great grammar] to the processing of your data by signing your credit agreement.

The procesing of your data is necesary to enable Capital One to perform its obligations under your credit agreement

The processing is necessary for for the legitimate interests of Cap One and the credit reference agencies to which it is diclosed and is not likely to prejudice your legitimate rights, freedoms or interest.

Therefore your notice is entirely unjustified and innappropriate and as a result, Crap one is unable to comply with your notice.

In short, the information we have recorded with the credit reference agencies is an accurate reflection of the way you have managed your account and we will not be asking the credit reference agencies to remove it.

We do not consider this account to be in dispute, therefore we would remind you that you are bound by the terms and conditions of your credit agreement. If proceedings were commenced by you, on the basis that there is no enforceable agreement between us, we would strongly defend this.

Okay so these are my issues with this. Firstly the "agreement" they have sent me cant be my agreement because of the £12.00 charges.

 

They keep mentioning Section 78, but I asked for a copy of my original agreement so thats a bit of a red herring.

 

Surely they cant refuse to acknowledge my dispute? If I am disputing the account can they just ignore me?

 

They have failed to meet the 40 days deadline for a SAR and havent even acknowledged my request so I have contacted the IC.

 

Also they have registered with the CRAs that I had gone away, which is blatantly untrue.

 

So what do I do now? Ignore them and wait for them to take further action.


If you find my post helpful please click on the scales at the top. Thank you

FAQ SECTION HERE

 

Halifax Bank Claim filed and settled

Halifax Credit Card settled

Argos Store Card settled

 

CCA requests sent to

Halifax Credit Card

LLoyds TSB Credit Card

Capital One

Moorcroft (Argos)

NDR

18/06/09

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The usual Capone fodder, they will go away eventually.

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It seems we are at the same stage with them then LFB, was yours signed by James Bell..."Head of Executive Response Centre" :D That made me laugh.. wtf is an Executive Response Centre? You can just imagine the meeting when they decided on that role title cant you.....

 

"hmmm well we've already got a Head of Response Centre... I know... just shove the word executive in somewhere.. that looks formal... that'll scare them into paying!"


If you find my post helpful please click on the scales at the top. Thank you

FAQ SECTION HERE

 

Halifax Bank Claim filed and settled

Halifax Credit Card settled

Argos Store Card settled

 

CCA requests sent to

Halifax Credit Card

LLoyds TSB Credit Card

Capital One

Moorcroft (Argos)

NDR

18/06/09

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Hi Natalie, yes it was " Head of Executive Response ", i feel so very important now !

What a load of CRAPital hey, keep me updated, i have forgot to send Dispute letter to them, will do today !!!!!!!!!!!!!!

Speak Soon.

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