Taking Cap1 to court on charges claim

[TheLion]

Hello everyone. We have threatened to take Cap1 to court over charges on our credit card. How do we go about this process using the 'Money Claim Online' site? Is it pretty straight forward?

[charley2212]

Hello Lion, The Best Way Is To Really Take Your Time And Read About It First , Get Your Head Around It All ,if Time Be Methodical Keep All Records, Dont Get Mad , Well Not To Much With Cap 1 , Get Even,, Not Sure How To Link You Direct But Go To The Top Of This Page Just Above Cag Announcements And To The Left Its Says Consumer Forums Click On That , Scroll Down And You Will Find Cap 1 Amongst The Card Section Ok Good Luck

[silverfox1961]

Hi,

If you haven't sent a "Letter Before Action" you should do so first.

Cap1 usually offer you the difference between the old higher charge and the new £12 charge.

 

Once you have that you can file at court. Cap1 usually cave in when they get the court papers.

 

fox

[BankFodder]

Don't make threats and don't send letters before action until you know exactly what you are going to do and how you are going to do it.

 

If you have already told One that you are going to take legal action against them and yet you don't know how to do it then it means that your threat is an empty threat.

 

You undermine yourself -- and everyone else who is trying to challenge these people about their own problems.

 

Stop. Take no further action. Spend some days reading this forum. Get yourself a good book on County Court procedure so that you understand what to do. Find all the templates that you will need. Make sure you understand. Get them ready. Then start making your threats -- otherwise don't bother .

[TheLion]

Thanks for the help. We have been following the process on the 'moneysavingexpert' site and untill the court phase it was going quite smooth. Will spend a few days reading up about the court process...hope I haven't wasted your time.

[charley2212]

Thanks for the help. We have been following the process on the 'moneysavingexpert' site and untill the court phase it was going quite smooth. Will spend a few days reading up about the court process...hope I haven't wasted your time.

OK LION A GOOD SITE , BUT THIS ONES MUCH BETTER BY FAR AND AWAY AND MORE INFORMATIVE, AND THE COMBINED EXPERIENCE AND KNOWLEDGE OF MANY CAGGERS , YOU LL BE BACK

[TheLion]

Hello. Got a debt with Cap1 and requested a CCA from them on 30.11.09. Yesterday (16.12.09 date that Debitas entered default with regard to CCA request) I received a letter from Debitas stating that they are planning immediate action. Today I have received a leter from Cap1 which contains terms and conditions in a leaflet and some more terms and conditions on the back of their letter that states:

 

"Please fin enclosed a copy of your credit agreement as requested. In accordance with section 78 of the Consumer Credit Act 1974 and the Consumer Credit (Cancellation Notices and Copy Documents) Regulation 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, signature and date of signature have been omitted from the copy provided as permitted under Regulation 3 of the Consumer Credit (Cancellation Notices and Copy Documents) Regulations 1983."

 

I posted Debitas the 'in dispute' letter yesterday (16.12.09) in reply to their letter. I will wait for a reply to this, but any ideas on future action would be appreciated...

[MandM]

IMO I would say that their threat of "immediate action" gives you more than reasonable cause to request the documents you require via CPR.

 

I'd await further opinions as tbh it sounds like hot air.

 

M

[TheLion]

Back in November 2009 I requested a copy of my CCA from Debitas. Mid' December I received a letter from them stating that they are going to take immediate action, such as passing the debt on to a DCA. They made no reference to the CCA request at all. A couple of days later I received a letter that contained a leaflet of T&C and a double sided letter. On the reverse were some more T&C while on the front it just informed me of the presence of the leaflet and the T&C on the back.

 

In between receiving the T&C I received a visit from a Debitas collector. He never confirmed once that I was the alleged debtor, after informing him that the debt is in dispute and that I did not have to converse with him he said that he would just mark it (the visit) down as a refusal, that way he would still get paid.

 

Today I have received a letter demanding full payment from Fredricksons, any advice?

[maroondevo52]

Thread moved.

[PGH7447]

send em these

 

The Consumer Forums - Debt collectors

 

template 3 and template 13

 

by recorded, if another fool turns up just shut the door in his face after warning him he is tresspassing

[TheLion]

Sorry, should have mentioned that I have already sent an 'in dispute' letter to Debitas on the day that I received the T&C, it didn't stop them from passing it on Could Debitas/Fredirckson not just say that the T&C comply with a s.77/78 request? From what I have read so far they don't seem to have to provide a signed copy, while Debitas state that this complies with what I requested...although I don't agree with them. Also all of our dealings with any DCA are done via recorded dilivery

[themagician]

Sorry, should have mentioned that I have already sent an 'in dispute' letter to Debitas on the day that I received the T&C, it didn't stop them from passing it on Could Debitas/Fredirckson not just say that the T&C comply with a s.77/78 request? From what I have read so far they don't seem to have to provide a signed copy, while Debitas state that this complies with what I requested...although I don't agree with them. Also all of our dealings with any DCA are done via recorded dilivery

they could say anything they like and probably will ! but if your cca request is now in despute and you have sent the despute letter to both debitas and fredirickson the dca ,then sit back and wait, no cca no pay!.

if they got a signed cca they would send it.

also send to them the door step letter template.

never talk to any dca in writing only,

[Bazooka Boo]

I would be a bit more pro-active, and start using their complaints procedure, Both Debitas, and freds.

 

Also file a complaint with OFT and TS via Consumer Direct.

 

Your aim is to get freds to pass the alleged debt back to it's owner, so the bemused letter should be sent to freds.

http://www.consumeractiongroup.co.uk/resources/templates-library/86-debt-collectors/574-letter-when-account-has-been-passed-on-whilst-agreement-request-is-in-dispute

[TheLion]

I think sending the 'bemused' & 'door step' letters is a good idea, I will send them off on Monday. Thanks for the advice.

[TheLion]

Sent off the letters on Monday. Today in the post I received a copy of a signed agreement relating to the 'in dispute' letter that I had previously sent. Although from what I have seen and read on other posts it appears to be a copy of a scanned image, chances are that it is.

 

I think that I will SAR them next as there are alot of charges that have been applied.

[Old Cogger]

Sent off the letters on Monday. Today in the post I received a copy of a signed agreement relating to the 'in dispute' letter that I had previously sent. Although from what I have seen and read on other posts it appears to be a copy of a scanned image, chances are that it is.

 

I think that I will SAR them next as there are alot of charges that have been applied.

 

 

Scan it up removing bar codes and personal details for us to see and make comment

[TheLion]

Any tips on scanning and pasting images up would be a great help. I have had problems before with this aspect, they end up to small or unreadable.

[maroondevo52]

Have you tried 'photobucket'...............

 

Image hosting, free photo sharing & video sharing at Photobucket