Crap One invalid Default notices

[InformedSearcher]

Well, they issued the first (defective) DN in feb 09

Then the Statemnt of Default/termination of account in March o9

A CCA was served on them mid March 09 and the replies were ahhh deficient to put it mildly ( ie not a damn thing that even said application form)

 

Passed to Crapq who were told to FO, as were HL legal, letter from C1 saying they had it back, all quiet until tehey "Sold" it to Lowells this Autumn

 

Nothing from C1 apart from the obviously manufactured "goodbye" letter ( in same enevelope from lwells as the "hello"

 

As I said, I await Crapone reply, but I do feel that I may have them by the balls, and if so, what would be the best course of action to really really hurt them?

 

 

You know it's funny you mention this kind of thing. I recently had an invalid DN and Final Demand (big time). I paid the required amount on the DN - I'll not go into detail. Now this then got passed to a DCA who started their normal kind of collection vendetta. Finally I'd had enough and suggested apart from the single call from them being rude to send the details back to their client. I almost fainted (seriously) as this particular DCA apologised and asked for details of who was rude to me as they had no notes. Well that bit made me smile as they reacted to that single conversation so they must know. I think I've (for once) got this DCA on the run a bit. The pure feeling that they know they are treading into 'unwise' territory makes me very happy. Luck does not come my way often! This now open a story about 'if I knew then what I know now' and THANK YOU to the people here who educated me swiftly to 'see the light' and NO, I'm still not going to Gospel Singing churches (as I don't have the 10% of my income to pay 'em).

 

Michael

[Pinky69]

I don't do PMs and I don't do people's research for them. They cannot ask for the full balance with an unlawful DN but if they haven't terminated the account or sold it on they have not rescinded the agreement which means they can issue another DN if they so wish.

[vengeancedemon]

But by terminating/selling on on a dodgy dn they have rescinded?

 

Sorry to be thick and/or picky, but I do want to be clear on this

 

Thanks Pinky for all your helpful thoughts

[InformedSearcher]

I don't do PMs and I don't do people's research for them. They cannot ask for the full balance with an unlawful DN but if they haven't terminated the account or sold it on they have not rescinded the agreement which means they can issue another DN if they so wish.

 

 

No problems! No research was required by the way.

 

Michael

[Pinky69]

Yes, veangence. if they sell on the debt after issuing an unlawful DN, they have rescinded the agreement.

[angry cat]

They cannot ask for the full balance with an unlawful DN but if they haven't terminated the account or sold it on they have not rescinded the agreement which means they can issue another DN if they so wish.

 

Exactly right!

 

AC

[vengeancedemon]

Oh dear what a shame how sad never mind

Cap One in the deep deep doo-doo

Who Shall I complain to for the maximum trouble to dump on them?

[diddydicky]

Just for further information, I have an invalid Crapone D/N ( states only 28 days from date of letter and not a specific date)

 

I dont intend to tell them of this at the moment, but I would be grateful for the rules/ legislation covering this deficiency as and when I advise them/take them to Court/tell the DCA who thinks they can pursue a non supplied CCA etc etc

 

Thanks

 

you may not like me for telling you this but, irrespective of what other advice you are being given (and unless someone cares to correct me with cases stated)

 

whereas you MIGHT get a court to agree that "14 days from the date of this notice" might have confused you i very much doubt that a court will afford the same level of sympathy if the notice gives you "28 days"

 

yes, yes some will say BUT it says date date date date

 

well so it does

 

now, back in the real world, i am willing to bet a pound to a bucket of pig**** that the court will not rule the DN defective on this point alone and IMO you would be ill-advised to put all your chickens in this one basket

 

 

(obviously if there if they have demanded the full balance that is a different kettle of fish) -indeed any serious discrepancy in the amount claimed is likely to down the dn

(back into my cage)

[bigegg]

course if the default notice contains arrears made up of penalty charges - then the amount is wrong...

[cerberusalert]

Read the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983, http://www.johnpughschambers.co.uk/Consumer%20Credit%20(Enforcement,%20Default%20and%20Termination%20Notices)%20Regulations%201983.pdf

[InformedSearcher]

I think there's a bit of a 'grey' section in the act and that's where you can go to court for a 'delay' in Default action. I can imagine this to only be useful where someone knows when they will have funds or a job. I cannot for a moment think that a court would offer an indefinate 'delay' in Default action say for example when someone was unemployed with no known date of getting work.

 

Michael

[vengeancedemon]

As I understand what has been advised

D/N issued - defective

D/N Statement - de facto dodgy/Termination note issued accoint rescinded

 

Therefore cannot pass/sell or otherwise

(Never mind a CCA still outstanding with OC !)

[vengeancedemon]

I think what is P****** me off the most of is the shear arrogance, stupidity and ignorance of capital one bank, and yes, I do hope the read this!

Never mind that their D?N is shot full of holes, but I send them a CCA, they send, eventually a total pile of rubbish no signatures in sight, ignore the "you have failed" letter, and pass it on to a DCA Crapquest and then sell it to Lowells, how many offences have these Arschlochen committed? I really do wonder at the validity of reporting them to Regulatory bodies who appear to do damn-all, but my local TS do seem, to be a tad pro-active, should I involve them perhaps

Capital One, you are a bunch of Stupid, Ignorant W******!!

( and whats more you are Greedy Barstewards !)

[InformedSearcher]

I think what is P****** me off the most of is the shear arrogance, stupidity and ignorance of capital one bank, and yes, I do hope the read this!

Never mind that their D?N is shot full of holes, but I send them a CCA, they send, eventually a total pile of rubbish no signatures in sight, ignore the "you have failed" letter, and pass it on to a DCA capquest and then sell it to Lowells, how many offences have these Arschlochen committed? I really do wonder at the validity of reporting them to Regulatory bodies who appear to do damn-all, but my local TS do seem, to be a tad pro-active, should I involve them perhaps

Capital One, you are a bunch of Stupid, Ignorant W******!!

( and whats more you are Greedy Barstewards !)

 

If you have sight of your credit file I'd suggest to issue a notice of dispute about it first with the CRA. That will mean they have to use human intervention which also means 'use brain' on their part. The problem of any reporting is that they have XX days to reply in and yet these people have the power to treat you in a derisory manner almost instantly.

 

Michael

[vengeancedemon]

A reply from Lowells, noting my comments ( taht they have bought a pup, and must conform to the rules etc)

Response?

 

They are queriing my comments with Crap One!

wtf! Lowells own the account, so what they think C1 will do, I really dont know, anyway, as yet C1 havnt replied to the letter re a duff D/N, and I dont suppose they will

[cerberusalert]

Lowells own the account, so what they think C1 will do

They probably want their money back of Crap1 & also want to know how many other lemons were in the portfolio.

[vengeancedemon]

Oh dear, how sad, what a shame, never mind !

 

Caveat emptor Lowells, Caveat emptor

[InformedSearcher]

I think what is P****** me off the most of is the shear arrogance, stupidity and ignorance of capital one bank, and yes, I do hope the read this!

Never mind that their D?N is shot full of holes, but I send them a CCA, they send, eventually a total pile of rubbish no signatures in sight, ignore the "you have failed" letter, and pass it on to a DCA capquest and then sell it to Lowells, how many offences have these Arschlochen committed? I really do wonder at the validity of reporting them to Regulatory bodies who appear to do damn-all, but my local TS do seem, to be a tad pro-active, should I involve them perhaps

Capital One, you are a bunch of Stupid, Ignorant W******!!

( and whats more you are Greedy Barstewards !)

 

 

I just have to say it's NOT just C1, it all financial servuces including mainstream banks. They will do something, you complain, they ignore you and you are left in a dilemma! Many know the once good customer will just relent and until you actually take County Court action and see it, they just laugh.

 

Michael

[vengeancedemon]

Lowells never cease to amaze me

 

They "own" the debt yet have to consult C1. they tell me that C1 insist it is enforceable they have complied with a CCA (not)

Never mind that this has been round the houses, a defective D/N was issued by C1 After the CCA request was in default

 

I think lowells are lying about consulting C1, the time between my letter re buying a lemon and this response is far too quick, I dont believe Nottingham would reply so quickly, and anyway, why would they having sold the account and telling Lowells to continue with collecting

Told them to F.Orf, shut up or see you in Court

[vengeancedemon]

Just out of interest, this is what Crap One eventually sent in response to my CCA

 

You will note that there is nothing with any signiture on it, the T & C are well after the card was issued and are obviously just from the template

 

I question the validity and legality of the statement they make that this is a true copy of the credit agreement!

 

And incidentally, they uttered the defective D/N before sending it to Capquest, and then approx 4 weeks after the "Final" D/N they wrote that the account was backl with them and not the dca!

C1A.pdf

C1B.pdf

C1D.pdf

[vengeancedemon]

And finally this, sorry it is slightly out of sequence

CIC.pdf

[vengeancedemon]

Lowells respons: Durr we have been instructed to pursue collection

BUT You allege to own it Arse***** Make your mind Up!

 

Are Lowells really that stupid? ( rhetorical question) and recruit from care in th e Conmmunity projects?

[Pinky69]

Careful vengeance! I am disabled and have Care in the Community. No disablist remarks please - thank you.

[vengeancedemon]

No offence intended, I only suggested that the staff of Loqwells were somewhat challenged

 

And, so is my son and he is far more scathing than I ever could be !

[vengeancedemon]

Latest from Low-ells

In response to my telling them (10th December the DN is flawed, still outstanding CCA, C1 shouldnt have sold or whatever whilst they had "cancelled" the account, Lowells are "passing my letter to their Legal Department for them to respond"

 

I wonder what nonsense they will come up with?