PDADDY & WIFE vs. CAPTIAL ONE CCA LETTER

[sunflower99]

Hi Mike!

I think Crapital one sometimes use DCAS who engage the services of a ssolictor called Bryan Carter ,I wonder what my no win no fee solitor would make of him! :DHave you heard of Bryan Carter?

[Old Cogger]

Hi Mike!

I think Crapital one sometimes use DCAS who engage the services of a ssolictor called Bryan Carter ,I wonder what my no win no fee solitor would make of him! :DHave you heard of Bryan Carter?

 

oh yes I have, heard comments about him.

[pdaddy]

Sunflower - I used your template and tweaked accordingly and sent a letter to them on Friday 6th. I have now started receiving calls from an 0117 no… as well as the 0121 nos, getting 203 calls a day, theyre still hanging up on me, despite the odd occasion where I have attempted to speak with them, they continue to just hang up on me…weird huh?

What did you all make of my guaranteed acceptance form? Usual rubbish form them trying to pass off as a CCA request? Also no where on my correspondence did it say what the charges were…??

Anyway, they have also sent my wife a letter requesting the full amount be repaid and like a serious tone to it, not their usual fob offs…. But not to me?

I guess we need to play the waiting game to respond to our letters sent last week.

So do you think that our accounts will now be passed to a DCA? My wife is very worried about this and some nasty dca turning up at the door,im more confident that they cannot do this, and it has to go to court before we get anywhere near this situation - is that right?

What happens if it does go to a DCA - what's steps/measures do we take then? Im guessing it will go down this route right?

[sunflower99]

Hi Pdaddy

Though obviusly you can not be a 100% sure unless you get to see original agreement but lets say going by other peoples expereinces very likely it all tosh though as i warned you you can never be 100% sure of the outcome in any case and there is a lottery of judges who do not know the consumer credit act,Obviously the best outcome is if they do not have any signed application form at all so they can not imply that the application form has aquired any extra ts and cs to try and confuse things,But i think like mine yours is likelynot legallly enforcable and can be well defended if it does go to court and a lot of cases do get given up on and dont even go to court but you have to be prepared that it might and you may need to defend it against a pro bank judge,If they send someone to visit you just ignore door ortell them to get off your property as they will have no legal rights I got a couple of callers just ignored them and they went away.Peoples expereinces with crap one seem to vary,Some people once crapital One have had account passed back to them from Debitarse play pass the parcel with your account and you will have to see each one of with a few firm account in dispute letters and normally as long as you show you know your rights they give up on you and they pass you onto another one .Howevwr they usually in most cases give up and you will get lots of help on here ! However in my case i was left in peace and after Debitarse passed me back to crapital one they did not play pass the parcel with mine and i have been left aone since January though of course it could change! so no knowing how they will treat you as it seems to vary fropm person to person!

[pdaddy]

they seem to be calling me now from an 0800 no, all the other nos i havent answered, and wont. theyr ealos using a nottingham no, both myself and wife still getting letters sayign accoutn in arrears etc.

 

however, i had a chat with the financial ombudsman the other day, and mentioend this account in dispute, he totally sided with them and said we shoud still pay them, yet i gave him all my reasons and rational and wheni asked him a few questions he was like "im sorry i cant answer that mr d"..... i thought the FO were here to help and assist us.

 

he seems to think what im doign is wrong and said all they coudl do is send a letter to them askign them to priovide me with said request - supplying a true and executed copy, i asked him if they didnt repsond he said that theres not much else they can do and its between me and the lender, or me and the courts/judge.... i sincerely hope it doesnt get to this stage, my wife is freaking out laready at the prospect of a DCA turning up at our door, and is ready to put down the gloves, im not im ready to fight, but been a good hubby ill have to do as im told... unless i can get some nugget of wisdom that reassure her... she does read this thread so is pretty much up to date with it all (she has also read the other threads too relatign to crapone)

 

do you think we will hear from this solicitor person of theirs soon then? if we do, do you think i should seek the services of a no-win no fee then and see how we get on?

[sunflower99]

Hi Pdaddy

obviously i can not say what you should do and nothing as you know certain,Alll i can tell you is that lots of people do win against crapital one even if it goes to court and lots of peopel see offthe pondfeeders from them just make them aware of your rights amd most cases the people who do eventually get left alone like in my case with crapital one ,Those door stop callers nothing to worry about just ignore them if you like and they go away I can not look into a cystal ball and tell you if you going to be one of the ones they do pursue as there seems no predicting but all i can say is if you stand your ground and make all the Dcas know you know your rights they often back off,You are still with Debitarse so most likely they will pass you back to crapital one and then Crapital one get someone else and in my case they left me alone ,The FOS i belive are probank and symathetic towards banks thats why i not bothered with them much myselff a lot of Caggers had same experience as you the FOS just sit on a fence and say let the courts decide if it gets that far it is

Edited November 21, 2009 by sunflower99
my computer weird deleted some words!

[sunflower99]

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/159235-barclaycard-mercers-dept-collectors-11.html

If you go to this link on Gaz barcalythread and look at post 204 and the ones after that and on next few pages it will show you what a joke we think theses door stop callers are ordinary door stop callers sent by these companies have no real powers at all They are not baliffs and have no legal powers though they like people to think they have! As i see it ,Only a court can order or allow baliffs to come to your door over credit card debts if a ccj issued and even then that is usaully a last resort and normally coccurs only if you break a ccj order,as the law is at monent

[Old Cogger]

Hi Pdaddy

obviously i can not say what you should do and nothing as you know certain,Alll i can tell you is that lots of people do win against crapital one even if it goes to court and lots of peopel see off a few pondfeeders from them from time to time and they eventually get left alone like in my case with crapital one ,Those door stop callers nothing to worry about just ignore them if you like and they go away I can look into a cystal ball and tell you if you going to be one of the ones they do pursue as there seems no predicting but all i can say is if you stand your ground and make all the Dcas know you know your rights they often back off,You are still with Debitarse so most likely they will pass you back to crapital one and then Crapital one get someone else and in my case they left me alone ,The FOS i belive are probank and symathetic towards banks thats why i not bothered with them much myselff a lot of Caggers had same experience as you the FOS just sit on a fence and say let the courts decide if it gets that far it is

 

 

Debitarse we call them are in house monkeys for Cap one, probably Crapquest will be next see them off with bemused letter.

[sunflower99]

Hi Pdaddy

sorry my last post did not make sense in some parts and implied i had psychic popwers of seeing into a crystal ball.LOL This computer goes weird sometimes and deletes words and sentences i am typing sometimes.I am a bit of a dunce when it comes to computerd!Probaly pressed a key i should not have! LOL ! you are talking to aperson who actually managed by mistake to set an MBNA threatogram as a picture on my desk top! I bet MBNA would have loved that!

[pdaddy]

hi all, hope your all doign well in this festive season?

 

couple of things to update you with - myself and wife have both recived identical letters on friday just gone.

 

i have scanned in the contents of the letters (links below)

 

the contents included (yet again) more photocopies of the signed agreement - aka an application form, and lots of separate photocopied T&Cs - all on separate pages natually. one thn i noted from the seaparte CCA1974 credit agreement sheet they sent in with this bundled package of photocopied letters was the issue that all late/missed payments etc were ALL for £12. well, a few years ago i did claim back my charges from crap one (about £400 worth) and i do remember them beign around £25-30. so surely this new sheet they have sent is not in line with the original info that was set out when my account was opened with them? does this have any bearing on the dispute at all?

 

i have a few quesations i despartely need advice on:-

 

1. the last few months, they have constantly being levyign charges against us and its affecting our crdit file - EXPERIAN said they cannot get these 'late/failed' charges removed from our report unless crap one agree to it - how do we go abou tthis and get it changed,the account has been in dispute since mid august.

 

2. they still remian staunch that the account is NOT in dispute. how do we get these late chargeds removed - i thought they werent allowed to levy charges or interest while an account is in dispute - how do we remedy this?

 

3. they have said that they wont respond to any further letters from us - do we assume the next step is they'll take it to court/DCA? how will this affect our credit? my wife is fraught with worry as were tryign to re build our credit and and we cant belive that crap one are acting this way, when we were led to belive that they cant pile more and more charges against us and put our credit files in more negative standing.... whats the advice on this please?

 

thnaks in advance

 

Pete

Image - TinyPic - Free Image Hosting, Photo Sharing & Video Hosting

[pdaddy]

oops - this is the link for page 2

 

http://tinypic.com/view.php?pic=bhaqfb&s=6

[pdaddy]

bump anyone?

[sunflower99]

Hi Pdaddy!

sorry i was not able to get back to you sooner ! I did try and view your thread yesterday and early this morning but seem to be having problems with cag and my internet connection.Whe i clicked on a thread it would not load up and i kept being taken to cags online shop/donation page! LOL.i could not look at any threads much yesterday it was very frustrating.

Edited December 16, 2009 by sunflower99

[sunflower99]

I had a look ! It is Just a normal template letter which they press button A ot button B for ;)i I got an identical lettr from crapital one,i just ignored it in end! I would be inclined to ignore it and give your printer a rest! and save postage! Whatever you write they will ignore,You have made your posotion quite clear in previous letters that you not happy with agreement!I would be inclined to wait now and see what pondeeder the set on you next!

[pdaddy]

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hi all

HELP!

have had a few letters of Cap one over the xmas period, saying that our account is closed, lost all use of credit, no longer able to use card, please pay us, final letter....blah blah

yes they KEEP on adding Default and Late Payments to our account, and I thought they're legally not allowed to do this whilst in dispute?

they have even levied a DEFAULT status against us both on Experian - again, form what I have read on this very forum, they're legally not allowed to do this - so how come they have, experian will NOT remove it, only on advice from Capital One will they change this, and it would seem capital one have us by the balls on this one?

how do we get this changed - take capital one to court? please advise?

the calls are still coming fast and furious - 3-4 every day, seems they have completely ignored our telephone harassment letters... mind you I have stopped my telephone logs form about December too - should I start them up again?

im in a BIG PANIC right now... I really hope someone can answer all my questions below, and put both mine and my wife's minds at rest.....

my wife today has had a call from COUGAR FINANCE - acting on behalf of Capital One - it would appear they're a DCA.

I have had a call last week from CPS? another DCA? I hung up on my call, but my wife took hers today, she told them politely that her account was in dispute and they had no reason to be calling her... the chap insisted that "well according to Capital One it isn't in dispute"....

my wife is very fearful, angry and upset right now, as I am too.... as we cannot have our lives ruined by these "*"^$%^%*£(s

1. will we be getting calls at our home address - what do we do if they do call?

2. how do we deal with Cougar - do we ask them to deal with us by letter only? and then send them back exactly what we sent capital one? what's our next step?

3. my wife is ready to hang up the gloves and give up, which is a shame, as we have incurred more fees along the last 4-5 months, and would now mean that this exercise has actually cost us both. im still ready to fight, but for my own sanity and as to NOT blacklist our house, or cause any more undue stress on my wife, our home, our very small children, im kind of ready to call it a day myself.

I need some words of encouragement, not just for me but for my wife too.... as she doesn't read this forum, she just acts on my info that I have re searched....

please please can some one come back to me ASAP

thanks in advance

a very worried/ nervous pdaddy

P

[sunflower99]

Hi pdaddy

I have not gone down the road of trying to have all my defaults removed ,I know it is not easy and you will have a battle and i think some other caggers take them to court,to get them removed but not had any experience myself ,Cougar sounds a new one! Never heard of them! seem to be some new DCAs om the block! if that were me I would be inclined just to send them the account in dispute letter and a telephone harrasement letter and then ignore them,Like me i am sure you will probably find if you ignore them they will go away ,Have you considered getting an anwser machine so you can screen your calls and ignore the DCA ones? We did this and found the answe machine was a god send!

[pdaddy]

hi all, been quiet of late

my case has been passed to FPC services, spoke to them a month ago, not heard back from them yet.... the guys was looking into it for me. still waiting...

my wife's is abit more serious, she's been passed form Cougar finance to some other bunch of jokers...

she (stupidly?) told them that IF they got CAP1 to remove the default and they provided her with a 'true signed executed copy' she would pay them... they then went away, and said they would speak to CAP1 and come back.... they never did (we thought they had gone away) till she receives a letter today asking why she hasn't paid her first instalment as she agreed to?

she hast agreed to anything!

so she calls up guy at this new company and he says whilst he is sympathetic to what has happened, he will give us a weeks grace to speak to CAP1 and get it sorted... but surely the onus is with them, they bought the debt off CAP1 (whilst it was clearly in dispute) and they had already agreed to look into it their end and come back to us, which they never did. surely CAP1 wotn speak to wife, as account is shut down, and they probably wont even entertain a phone call form us...

now, what does my wife do to this new DCA company?

do we send them what exactly? a letter to show the account is in dispute? OR ALL copies of our letters to CAP1 to show the paper trail and proof its in dispute?

im not sure on next step to take...

HELP!

cheers

Pete

[sunflower99]

if that was me i would just send them an account in dispute letter1 I take it your wife sent them a £1 postal order and s78 request to crapital one?The ball is in their court you should point out to them that your wife sent request and statuoary fee and it is now up to them to chase crapital one if they taken over account! I wouldent waste your time energy paper printer ink sending them copies of old correspondence sent to crapital one or other pond feeders:eek:,At moment account in dispute letter should be adequate and could add your wife not paying them anything till they produce proof they got a compliant agreement ,Remind me what year was yiur wifes card taken out? i am sure if crapital one were that confident you and your wife would have got court papers now!

[pdaddy]

hi sunflower,i belive it was pre 2004 (mine was 2004) but heres was either early 2004 or late 2003.

 

so do i understand correctly - my wife should send the new DCA an 'account in dispute letter' right?

 

yes myself and wife both sent our £1 pos and s78 request on our intial correspondence to them.

[sunflower99]

Oh well agreeemnts that early ! That is good news that they taken out 2003/2004 ,At least a very good chance they do not have complaint agreements and most proably destroyed originals! yes that is what i would do just send them an account in dispute letter as i outlined in my other earlier todays post !Then ignore them! I am sure going by other peoples expereinces on crapital one threads and my own expereince they will very likely give up and pass your wifes account back to crapital one.At moment they just trying their luck to try and pressurise and frighten your wife into paying them something so they can get a nice big commission of crap one !

[pdaddy]

WOW things are finally hotting up now.. get this:-

a few months ago i was speaking to a very helpful chap (no really) at FPC collection services for my account, sent him ALL my correspondence and hadn't heard back from them (i sent all my letters that id sent to crap 1 and showed to him why/how the account was still in dispute) hadn't heard anything since January just gone....had a call last week from a very unhelpful chap (a different one!) who insisted that his client has instructed them the debt is still outstanding, i confirmed the account is STILL in dispute, and that he shouldn't have bought the debt off capital one, he informed me that they hadn't actually bought the debt so i asked him why are you perusing this then? my account is firmly in dispute and until crap 1 can furnish me with the info i have sought after and requested on numerous occasions it will remain in dispute, he tried it on with me and got quite lairy, telling me that crap 1 have given me the info, i told him they had sent me an 'application form', an application form is not what i requested, nor does it comply with the CCA1974 of being a 'true signed executed copy' - we went round in circles for 10 mins and i think he honestly thought sod it, i give up as this guy knows his rights!!!

however, my wife's case has been passed around various DCAs.

she was with cougar - i sent them an account in dispute letter (wife also spoke to them as she was v worried and stood her ground and said ill oblige if you give me the info)

she then got passed to another company with 3 initials - who's name escapes me? (not FPC)

then last week capquest have started calling and also sending letters - they have sent a letter to us, and again we have sent account in dispute letter as well as another letter received today from HL Legal Solicitors on behalf of capquest, yet capquest has sent another letter to wife saying account is on hold for 28 days... wife calls HL and they dont even have her details on the system - yet they have sent a letter saying they will be applying to the courts etc.

what do we do now if it goes as far as the courts?

also my wife read on another thread from someone else, about these bully boys from Dorset (forget their names) but it seems that they have tried to come into peoples houses. but i assume, the usual rules apply - we call the police and inform them? but what if they sent a letter to us ahead of one of their reps visiting us? do we call them and say that if they send someone we will call police and ????? (what else do we do)

thanks for any advice

P

[sunflower99]

HI Pdaddy

Not seen this thread about doorstep callers actually forcing themselves in! Have you got a link to it?Do you mean these callers forced themselves in when the person told them to get of their property and not welcome or did not answer door,Normal DCA doorstep callers usually give up and go away when told they not welcome but if they force themselves in or break in without owners consent that would be a police mattter

[sunflower99]

Dear Sirs,

 

I write in response to your letter dated XXXXX

 

Your letter is incorrect and frivolous, you are fully aware of legally valid reasons why no payment has been made on this account, namely that the agreement which underpins this account has not been supplied despite a perfectly valid request and furthermore, it is suggested that notwithstanding the failure to supply a copy, the agreement itself is improperly executed, devoid of all prescribed terms and deficient in respect of detail relating to APR, total charge for credit and statements of rights ,remedies and protections as required by schedules 1,2 and 6 Consumer Credit Agreements Regulations 1983

 

Therefore the agreement as outlined in section 65 (1) Consumer Credit Act must be laid before the court to be granted an enforcement order before any further action can be taken

 

It is my view that the court would not grant such an order due to the deficiencies that I have outlined within the agreement, furthermore the absence of any documents disproving my points itself speaks volumes

 

Therefore, I would indeed welcome the opportunity to place this before the court. furthermore should you proceed with the threats to issue a court claim I will make an immediate application to have it get=_blankset aside for the grounds outlined above, also I shall refer the judge to this letter when the matter of costs falls due

 

I trust this outlines my position clearly enough for you

[sunflower99]

If they are threatening legal action in letter You could get your wife to write a letter like one abovet to HL legal though up to you if you include the sentence Therefore, I would indeed welcome the opportunity to place this before the court

 

If Hl legal threatening legal action it is good to show you know your rights in my own humble oppinionas like all bullies you neeed to stand up to them,so if that were me in your circumstances i would try the whole of above letter .I have never had to deal with capquest yet but lots of other caggers have seen them of with a few firm letters .Obviously can not gurantee any out come but other caggers have seen them of sending letters like above!

[pdaddy]

hi all

just had another letter for my CAP one account on Friday from FPC again asking for money that is owed and that their 'client has said is overdue and they want to make a payment arrangement plan with me'

sending another stern account in dispute letter to them today. (yawn)

anyway, I had remembered something whilst discussing with my wife her CAP one account.

were both thinking about sending them SAR letters to reclaim ALL the charges they have levied BEFORE the account went into dispute as well as AFTER, when even more charges were levied, even thought the account was clearly in dispute. I have had experience in suing the banks some years ago, (and won) so im hopeful I can do the same again, as I know C/cards are NOT subject to the same 'stays' all the bank accounts are subject to.

but what I want to know is whilst I make this claim for the charges, can I also request that the bank remove the defaults against both mine and my wife's accounts - as both Experian and Equifax have said they cant get involved to remove defaults, its only the bank that can do that. we know they wont, as they say we owe them money, but if it comes from a small claims MCOL surely they WILL have to oblige, by paying up AND removing the default judgement, thus helping us mend our fragile credit reports?

any advice pointers greatly received?

thanks

P