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Capital One CCA


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Hello to all,

 

I after some more help please!

 

I sent a CCA request to Capital one and have got the following back:

 

cap1.jpg

 

 

 

cap2.jpg

 

 

Can they really send me this to satisfy my request?

 

Do i send the next letter now or wait 30 days? (sorry still trying to get my head round all this)

 

 

James.

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Hello to all,

 

I after some more help please!

 

I sent a CCA request to Capital one and have got the following back:

 

cap1.jpg

 

 

 

cap2.jpg

 

 

Can they really send me this to satisfy my request?

 

Do i send the next letter now or wait 30 days? (sorry still trying to get my head round all this)

 

 

James.

 

The 30 days are no longer valid.

 

And yes, they can send that to satisfy your request.

 

Just put Capital One into the search bar and read the other threads.

 

Jogs

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Quick update,

 

I have received the following from capquest (debt passed to them just as I did a CCA request so i sent one to them too)

 

Can anyone give some guidance? They say my account is on hold until 03 sept 09 and if i dont pay i'll be passed on to the collection department.

 

James

 

capfront.jpg

 

capback.jpg

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  • 3 weeks later...

Hello,

 

Sorry for leaving this a while (I'm dealing with 10 different debtors which is proving difficult and am now thinking about an IVA)

 

I got a letter from H L Legal Solicitors this morning threatening court action over the Capital one debt.

They are asking for settlement of the debt or a 'satisfactory proposal for repayment' or court proceedings may be issued against me.

 

Anyone have any advice, I'm starting to think ive bitten off more than I can chew with all this.

 

Should I tell them to pass the debt back to capital one as its in dispute?

 

James

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I'm going to send this tomorrow:

 

Dear Sir/Madam

 

Ref: xxxxx

 

This account it is in dispute with Capital One and has been since 03-08-2009.

 

Not only is this a breach of the Consumer Protection From Unfair Trading Regulations 2008 and the Office Of Fair Trading's debt collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998.

 

As Capital One are now in default of my Consumer Credit Act request and OFT Debt Collection Guidelines, 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 not only be fully and vigorously defended, it will ALSO be averred as both UNLAWFUL and VEXATIOUS.

 

Now I would respectfully suggest that this account is returned to Capital One for resolution of these defaults and breaches, as H L Legal Solicitors/ CapQuest Debt Recovery cannot lawfully pursue any enforcement activities.

 

If H L Legal Solicitors/ CapQuest Debt Recovery 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 and the Consumer Protection From Unfair Trading Regulations 2008.

 

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

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  • 2 weeks later...

Hi

 

I have received a Supposed CCA from capital one, which is clearly a mailer application and not in my view a CCA ..

 

There are no terms amount etc APR etc as they cannot set those till they receive the application form right.

 

I only received this form and a letter that they will not write off my debt on health grounds ,Capquest are the people holding caps debt.

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  • 4 months later...

Hi

 

I need some help with this one as Credit Solutions Ltd. have started harassing me recently.

 

i sent a letter stating that the account was in dispute etc. (the same one sent to capquest above) they have written back saying that if i have received terms and conditions this is enough to satisfy my CCA request.

 

They also want to know if i paid the £1 fee and if i have received any documentation from capital one.

 

Just to clarify that i am and have been paying a reduced amount to capital one for a couple of years now and i am not trying to get out of anything rather avoid taking phone calls from DCA's while at work.

 

Shall i just send another letter similar to the one i have already sent?

 

Any help greatly appreciated. i can post the letter up if needed?

 

James

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Send Credit Solutions the telephone harassment letter - there's a template on the forum for this, I think.

 

Also tell them that Capital One have failed to produce a copy of your agreement and therefore you are choosing to pay them a reduced amount but are not bound to do so.

 

I wouldn't worry too much about Credit Solutions. Just ignore them - I've been ignoring them for months.

 

DDxx

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Great thanks for the reply.

 

I have managed to beat off a few DCA's (mercers by far the worst!) and was worried this lot would be just as bad!

 

It must cost them a fair few pennies to chase me like this, this lot are the third company to try it on but seem to have changed approach claiming that my CCA request has been satisfied even though IMHO the CCA is not valid.

 

 

James

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