Hussy786 -v- Capital One

[Hussy786]

Hi All

 

Cap 1 send me cca and it does not have my signature infact it is credit afreement (leaflet or brochure) not even a space or column of signature , it looks like they have printed new ccas lol

it is just a leaflet of terms and conditions and if you study that you feel 100% guilty and they are correct.

it is just a leaflet with no signature (not even signature column) of either party and they are sending SAR later (as they stated).

they still mounting up charges and usual threatning letters.

PLease advise what should or what i need to do.

please help

[Guest Old_andrew2018]

When and how did you take out the agreement

[Hussy786]

Hi andrew2007

 

my agreement dates back in year 2003 or 2004?

please help

[Guest Old_andrew2018]

was it takenout online

[Hussy786]

Hi

 

I thgink i sent forms or something?

not too sure

[Guest Old_andrew2018]

You get some of the experts to advise you, to do this you could up-load the documents sent Capital 1, please remove any personally identifiable information

[silverfox1961]

What it sounds like is that they have sent you a Terms and Conditions leaflet which in no way complies with the request you made for your agreement and until they do supply, you can withhold payments if you wish but they will then screw your credit file.

 

If you haven't done so, send the Account in Dispute letter

 

The Consumer Forums - Debt collectors

 

Letter 9

[Hussy786]

Hi all

 

Thank you.

yes i have sent them dispute letter and they have asked for time to provide me SAR.

Yes credit file they screw even when you miss or make late payments.

they all have screwed it and i am mentally ready that it will remain screwd for 6 years.

To be honest that is what started the war because i was paying them through my nose when i could but still they make notes on my credit file if i was late in paying or something.

As by law they are now in mess why should i pay them I rather should fight.

The maximum damage they can do is to damage my credit file which they already have. (why i need credit again in life again after all this ).

any more helpful advice will be apprecited.

Although they have written me to give them 40 days for subject access report but they have passed my account to DCA called FPC and i have told them it is in dispute etc

please advise

[Hussy786]

Hi Thanks all

 

I am sorry to post in MBNA thread but I have very important update for you guys and want an urgent advice,

 

Capital one has sent me CCA with my signature on and it seems genuine so I am not disputing it any further, They also sent me subject access report which I have been working on this morning,

I will summarise all this here.

A .I have actually borrowed £3400 from them (the total usage of card in 6 years ) I have added every penny of every transaction made by me.

 

B, Then I have added all the direct debits payments to them and that totals up to £5700 .

 

This is just simple calculation, Money borrowed = Money paid

 

That does not include interest charged,late payments,cash withdraw. Balance transfers and PPI premium and any pentality fees and charges added to the account.

 

So on moral note I have paid them £2300 extra already. But i still owe them £10500 .

 

Now they have contacted a DCA who calls and threatns me 5 times a day.

 

Please people tell me what should I do?

Do I have a case ?

would justice be done to me in courts?

please help.

[Desperate Daniella]

Hi Hussy,

 

If you took the agreement out in 2003 I think it's highly unlikely it's enforceable. Can you post it up so we can have a look at it?

 

What they sent me was a box with "Credit agreement........" across the top and my signature in it and this is what they are saying is the "agreement", which it isn't.

 

How do all the Terms and Conditions appear? Are all the prescribed terms correct? Are they actually included in the agreement? What late payment penalty charge are they quoting?

 

I think they've been trying to cut and paste a few agreements lately - the latest ploy - so we'll all be interested in seeing/hearing about what they have sent you.

 

DD

[lexis200]

Hi Hussy

 

I think you need to tot up all the charges and ppi, stick them on one of the spreadsheets that works the interest out and then claim it all back from them - it sounds like this would seriously reduce the debt as a discrepency of circa 8k is a bit much!

 

With the calls just tell them each time they phone that you do not discuss finacial matters over the phone. Also send them a do-not-phone-me-again letter - there are templates in the library, or if you look on my threads I've got a few of them knocking around.

 

DD is also spot on; if you can post it up we can check it. Cap1 are notorious for sending out toot and just saying it's enforceable with enough confidence to worry you that they are right.

[slick132]

Hi Hussey,

 

Posts 9,10 and 11 moved here to stop hijack of Beachcomber's thread. Please keep Q's about your case on your own thread or it's choas all round.

 

Post the agreement so it can be checked over properly - your signature on the agreement does not necessarily make it enforceable.

 

You say you've made a SAR - have they yet responded to it. You need to see what penalty charges you can reclaim.

 

Re PPI, do you think you may have a case for mis-selling of this or perhaps you didn't ask for it in the first place.

 

The amount you've paid over the years exceeds what you've spent on the a/c but this means nothing really. It just reflects the amount of interest you've been charged, along with penalty charges, etc.

 

What IS important is whether the a/c is enforceable.

[exchange]

Hussy 786

 

I have replied to your post on jet83's thread. Sorry but did not realise it was someone elses thread. You need to get a copy of the agreement on to here somehow so we can all have a look.

 

Exchange

[sunflower99]

Hi Hussey

Please dont panic.If your agreement from 2003 it is very unlikely to be enforceable.I got a crap one acccount from 2003 too and i have not heard from them for over a year now.So please i know it is difficult but try not to worry to much! As if you look round the crap one threads you will see how reluctan they are (once you stand up to them and write them a few firm letters) they are to take any action over their bog paper agreements:) Crapital one are a joke !

[sunflower99]

I see you got fredricksons! Though i never had them lots of other people on cag have had expereince of them and seen them off,Alright they will huff anf puff and possible threaten you that they may commence legal action blah blah! but when it comes down to it itwhen you stand up to them they will pass you back and give up on you and even if they go another step and actually threaten you with a solictor quite often Bryan Carter if i remember rightly ! He is normally seen of with a few firm letter too especially when it is an unenforceable agreement ,and is a joke on this forum! Loads of people never get as far as the court door on cag and though i can not say for certain hopefully if you stand up to these bullies and dont let the pass the parcel game get to you to much and just reagad them as a joke like many cagger including me you will hear les and less from them and they will eventually give up,In my case now i not heard from them over a year now but if i do i will just post up on my crapital one thread and get advice on seeing them off !

[sunflower99]

Date:

 

Dear Sir or Madam,

 

Account number: XXXX XXXX XXXX XXXX

 

I am in receipt of your letter dated XXXXX

 

This account is in dispute with **original creditor/DCA** and has been since DATE .

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

 

My previous dispute from **DATE** has NOT been answered.

 

As **original creditor/name of debt collection agency** are now in default of my Consumer Credit Act agreementrequest 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 defaultenforcement 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 Consumer Protection From Unfair Trading Regulations 2008 in line with the Office Of Fair Tradings 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

[sunflower99]

Dear xxxxx

 

Your Ref xxxxxx

 

I do not acknowledge any debt to your company or to any company you claim to represent.

 

A request for my Consumer Credit Agreement (Consumer Credit Act, 1974) was received by xxxxxxx (name of company) on xx/xx/xx. Since they are now in serious fault of a legal request, I can only assume that xxxxxxx have either failed to inform you before supplying instructions to contact me or, have failed to inform you you before your purchase of this account; in which case, they would not be your clients in the sense that you imply. I therefore suggest that you liase with xxxxxxx before contacting me again.

 

In the meantime, please be aware that no action can be taken against a disputed account and this includes the following :

 

You/your "client" may not demand any payment on the account, nor am I obliged to offer any payment to you.

 

You/your "client may not add any further interest or charges to the account.

 

You/your client may not pass the account to any third party.

 

You/your "client" may not register any information in respect of the account with any of the credit reference agencies.

 

You/your "client" may not issue a default notice related to the account.

 

In addition, please be awre that your recent telephone calls (delete if N/A) and letter to my home could, under the Administration of Justice Act 1970 section 40, be construed as unlawful harrassment in the absence of such an Agreement. As you claim in your letter to have been "instructed" by xxxxxxx, please note that any court claim regarding harrassment would be brought against both xxxxxxx and yourselves should this be necessary; since you would be complicit in this action (delete if N/A).

 

You may therefore consider this letter a statutory notice under Section 10 of the Data Protection Act 1998 to cease processing any data in relation to this account with immediate effect. This means that you must remove all information regarding this account from your own internal records and from any records with any credit reference agencies. Should you refuse to comply, you must within 14 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a legal right; you must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

I look forward to a favourable response within 14 days of the date of this letter, informing me that on this occasion you have made a genuine mistake and that you files are now closed. Failure to respond favourably however, will result in me reporting this matter to Trading Standards, Office of Fair Trading, The Financial Crimes Branch of HM Treasury and any other authorities as I see fit.

 

I look forward to your reply in due course.

 

Yours faithfully,

 

[sunflower99]

One of the two above letter amended to suit would be ok to send fredricksons! The letter above on post 17 was one i sent Wescott who were chasing me on behalf of Barclayshark! After getting that letter Wescott passsed me back to Barclayshark!