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CAPITALpunishment

Capitalpunishment CapitalOne CCA

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Hi to everyone on this amazing consumer advice site.

 

I have been a fairly avid credit card tart since the turn of the century but was never the best at admin. I ran up best part of £90,000 of debt which over two re-mortgages I consolidated onto my property which in the current climate is worth a good 10% less than that. I know, I know what a dick eh!

 

Anyway to compound this I had some small balances over x5 cards which as they wound up the APR's and I 1st took a pay cut then lost my job, started to become a financial burden beyond my means. I was in talks with CCCS just before I was made redundant but once my income fell below what they deemed reasonable payments to my creditors (who of course fund the CCCS), they dropped me flat with only a "Please can I just pay you £1 a month letter". This was received by my creditors with the Spanish Inquisition and keep paying your bill till we get your life history, exactly the same way as I have read countless times on this forum.

 

So anyway I then postal ordering £10 to each company when I could an even though this was more than the minimum payment on a number of the cards they still ignored my requests to stop charges and interest and rung my phone off the wall. That thankfully is about the time in my sorry tale that I found www.consumeractiongroup.co.uk icon12.gif and after spending a couple of afternoons reading through the forums that it was time to CCA all my creditors. So on the 23rd July I sent the CCA letter from this site to the OC's or their thinly veiled 3rd party debt collectors. This thread I will dedicate to my dealings with CapitalOne/FTC/CapQuest who represent my largest debt currently claimed to be £2,013.77. I will also have separate threads for Egg, Barclaycard/Mercers, MBNA/Virgin and Halifax One.

 

Hopefully my threads will serve as an aid to those following this path and will attract learned advice from more experienced caggers as these tales unfold.

 

Kind regards,

 

CAPITALpunishment


"A bank is a place that will lend you money if you can prove that you don't need it." Bob Hope.

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Hello and Welcome,

 

Good to see you on the site, good luck with your battles.

 

Regards.

 

Scott.


 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Hi again,

 

OK so after CrapitalOne had set CapQuest (trading as FTC 'cus CapQuest wasn't foolin' AnyOne that it's still CapOne), I chose them as the recipients for my CCA and £1 postal order. I was amazed by their prompt yet vague reply, my account would be on hold for 28 days whilst they obtained the information required. I then received (dated 14th Aug), the documents below by way of fulfillment of my CCA request. I would greatly appreciate someone who knows the in's n' out's of the relevant credit law to cast an eye over these to make sure they ain't got what it takes to make them enforceable.

 

Cheers,

 

CAPITALpunishment

capone_response1-1.jpg

capone_response1-2.jpg

capone_response2.jpg

capone_t&c1.jpg

capone_t&c2.jpg


"A bank is a place that will lend you money if you can prove that you don't need it." Bob Hope.

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Well I'm guessing these arent the documents you signed, their a bit small to read but look like the standard regurgitaded crap they send in response to CCA requests.

 

No sign of your signature or anything personal to you I would imagine?

 

Hence at the moment unenforceable imho.

 

 

 

When did you take out the card? online or by paper agreement?

 

Have you thought about reclaiming any charges on it, or mis-sold PPI? with compound interest that could amount to a tidy sum over time?

 

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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Thanks to Maroondevo & the shadow for their prompt and welcoming responses.

 

Firstly, apologies for the uploaded scans, fatigue from spending 4hrs scanning and ftp'ing paperwork are my excuses for not reading the upload small print re: dimensions and file size. My original scans can be found at Index of /capone/

 

As to your very good questions shadow:

 

When did I take it out - along enough time not to be able to recall, I will try and do some digging as I was partly self-employed 2000-2007 so records should exist somewhere. What is the significance of the age of agreement, is it regarding the law changing?

 

How was the application filed - I'm pretty sure it was via a direct mail 0% promotion.

 

Have I thought about reclaiming charges - You bet your life I have, this card and my old bank accounts should yield well in excess of what they claim I owe them so making all their posturing moot! I have a knee jerk reaction to rejecting any suggestion of taking up PPI so thats not really an issue here.

 

Thanks again for your help and advice.

 

CAPITALpunishment


"A bank is a place that will lend you money if you can prove that you don't need it." Bob Hope.

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Yep, prior to April 2007 all agreements need to have prescribed terms and a signature contained within. Crapone seem to have difficulties providing said agreements.

 

As to Charges, send off a sar against capone and then look in the bank templates library for the interest spreadsheet. Capital one are repaying claims ONCE a court claim is issued in most cases at present. sar costs £10 and needs to be sent recorded delivery... need to allow 40 days for a response.

 

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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Well before then I'm sure :) The SAR should confirm quite how much before APR07 it goes. I think it should go back to 2004, is there a 6 year limit on charge reclaim?


"A bank is a place that will lend you money if you can prove that you don't need it." Bob Hope.

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Well before then I'm sure :) The SAR should confirm quite how much before APR07 it goes. I think it should go back to 2004, is there a 6 year limit on charge reclaim?

 

There is BUT you can include the s32 of the limitations act that states you can claim from when it was disclosed that the charges were unfair or illegal :-D

 

 

s.32 Limitation Act 1980 is here - Limitation Act 1980

 

It essential to have section s32c in your Pocs if you are relying on it and if CapitalOne have issues with it then seek a hearing to determine.

The case law for this is

Kleinwort Benson -v- Lincoln City Council & Others

 

 

 

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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Hi,

 

We recommend claiming as far back as you can, this link should help.......

 

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31575-important-things-you-really.html?garpg=6

 

Regards.

 

Scott.


 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Thanks for promptly filling the gaps in my knowledge, I've gone from "can't be arsed!" to "gotta know it all", in the space of a fortnight. Don't think there will be a lot of charges in the early days of this card as I was quite wedged at this point (before I start throwing my cash at credit card companies).


"A bank is a place that will lend you money if you can prove that you don't need it." Bob Hope.

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Great advice! I have got 5 of these credit cards to do but the big charges claim will be the x3 Barclays Bank accounts, x2 personal and a business account. I will start a new Barclays thread when I get my teeth into that one, I'm sure your knowledge on business accounts will be invaluable and greatly appreciated again. Be sure as soon as these credit monkeys are off my back I will be donating a big % back to CAG! I was days from stepping in front of a train, now I feel like taking on the world!


"A bank is a place that will lend you money if you can prove that you don't need it." Bob Hope.

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