Capone/cabot v OH (disputed Acc)

[mr.ton]

I received a letter yesterday informing me that they have charged £12 on the default amount 'as they are entitled to do under Amended CCAct 1974'.

 

Thats an extra £12 that will never be repaid then...

[beachcomber60]

Disputed as they supplied unenforceable agreement (like most c1 ones on CAG, SAR incomplete, constant telephone harrassment including silent calls after I complained & 'unlawful charges. Card taken out early 2004.

 

Complaint is currently with the reg. bodies & TS want a meeting with me.

 

Not looking to 'wiggle' out of honouring the debt - all I want is them to act in a reasonable way (as per OFT guidelines) and agree a lower payment plan until we can get back on our feet.

[emmaf01]

Wish I could be more help- but you know my view of the only thing which will cripple them. They have shown a blatant disregard for everything else!

 

Anyway, back to bed- hospital again tomorrow. Speak to you soon. Look after yourself and slam the phone down whenever possible. Debitas are [delightful, truthful and highly intelligent] - not worth speaking to. And they ignore everything- letters, phone calls, the lot.

Edited October 29, 2008 by steven4064
potentially libellous comment editted

[beachcomber60]

Debitarse 1 threatening home visit by their field agent within seven days, what can I do.

 

help please guys

[intree]

Hey dont worry as no Court will enforce a debt without a Agreement, I am in the same boat as you, they will send no one, is it a Mr Brown, who is going to visit?

 

Just ignore them idiots and dont worry, if you can look at the thread "are cap1 really this stupid" on this forum -

 

As long as you have CCa and they have no agreement - they will make many threats but can not enforce.

[beachcomber60]

Thanks, no mention of a name of the agent.

 

Also received letter from C1 this morning claiming that the cca they sent IS enforceable and that they have complied with me request, also states that its their final response, PAY UP!

[intree]

Yep Just the same as me last week I received a final response with details of the Complaints procedure, hey I am not a Solicitor but the advice I have from all the knowledge obtained in this site is dont worry.

 

No Mr Brown will come and they will pass the debt on to their inhouse Bullies, you just keep asking for a copy of the agreement - thats all, that is the top and bottom of it - no agreement - no CCJ or court action.

 

They will make threats, you will have to learn to ignore them until they can produce a Agreement.......you could also write to the financial Ombusdman and make a complaint as they ahve suggested within 6 months.

 

Lastly - do read up the postings "Cap1 are they really this stupid" as it will help you, as it has done me, to overcome your fear and understand how these bullies really work.

[slick132]

Hi BC,

 

Taken a look over here as asked.

 

TBH, this is just another waiting game. You repeating the same thing and waiting for them to cotton on.

 

Don't let them get to you - the penny will drop one day.................

[beachcomber60]

Thanks Slick, take it that I have to dig my heels in with them if it's unenforceable, would have been happier if they'd accept our pro rata payments but seeing the grief they are causing us - if it's a fight they want ............

[beachcomber60]

Received Debitas letter this morning, another that took 4 days, is it for real or another treat-o-gram :-

 

Unless you call us immediately we will consider taking further action.

 

Despite our attempts to help you repay your Capital One credit card account, you have failed to take any action to either deal with your debt or call us ([edit] - have been paying NDL guidelines every month). This leaves us no alternative but to consider our next steps to recover the outstanding debt. blah blah blah.

 

We dont want to take this action. The only person who can prevent this at such a late stage is you. We strongly urge you to call us right now.

 

more blah blah blah about if county court proceedings.

 

THIS IS YUR LAST CHANCE TO PAY THIS DEBT. PLEAS DO NOT POFF CALLING US A MOMENT LONGER.

 

signed greg mrkusic. director

Edited November 6, 2008 by steven4064
'liars' removed as potentially libellous

[beachcomber60]

Thanks for editing post - I do have proof to justify why I called them that, every letter has been sent recorded since beginging of June.

[slick132]

Hi BC,

 

Just another Snot-o-Gram.

 

I'd just file it as it may have crossed with the letter above that Martin suggested.

[steven4064]

Thanks for editing post - I do have proof to justify why I called them that, every letter has been sent recorded since beginging of June.

I'm sure - just being cautioius

[beachcomber60]

URGENT ADVICE PLEASE.

 

Inspite of writing (all recorded) to Capital One & Debitas (plus the fact that I have been paying them NDL guidelines) I have just got back home to find a letter from power2contact informing me that debitas 'records indicate that despite a number of attempts they have not been able to establish contact with you. They request that you contact them immediately'.

 

If you fail to contact debitas within 3 working days of the date of this letter (written 3rd Nov. received 7th) we will instruct one of our contact managers to visit you at the above address to discuss and hopefully resolve the matter with you. - (not a hope in hell of resolving this dispute until crap1 satisfy my cca/S.A.R - (Subject Access Request) request).

 

Spoken to TS again today, required to submit as much information and proof (photocopies at this stage - orginals will be required for court) as I can - if the evidence is as I explained then there is every chance that Crap1 & debitas will face criminal prosecution.

 

Just need help in putting P2C back under the kerb stone, or should I just ignore the letter - cant afford to carry on having to send everything recorded.

 

P2C havent got the b*lls to put their own telephone number on their letterhead.

[slick132]

Hi BC,

 

You don't have to send everything by Rec'd Del'y. Take it to the PO and get a free Cert'te of Posting when you send the letter. For less important items, this is adequate proof.

 

See here about the letter threatening home visits - http://www.consumeractiongroup.co.uk/forum/letter-templates/131334-dca-response-threats-home.html

 

Keep a copy by the door in case anyone turns up. Don't let them in, don't discuss the matter at all, hand them a copy of the letter and tell them to leave. Close the door. Any probs, call Mr Plod.

 

Send a copy to P2P if you want. File their letter under "I" for ignore !!

[beachcomber60]

Thanks Slick,

 

This lot is really doing my head in, especially as they are denying I am in contact with both debitas and cap1.

 

Busy photocopying 'paper trail' for TS, if capital punishment was still available with the evidence I have they'd swing & I'd happly drop the door!

[slick132]

Hi BC,

 

Don't let their dodgy tactics get under your skin. That's their intention, so you get so frustrated, you pay up to make them go away.

 

Soak it up, ignore them...............do whatever you have to, but don't let them wear you down.

[beachcomber60]

Easier said then done.

 

My problem in dealing with TS on Monday is that the guy I spoke to didnt have very good knowledge of the OFT guidelines & harrassment, like for example couldnt understand why the account was in dispute, failing to provide correct cca & all information under S.A.R - (Subject Access Request), why I shouldnt provide bank statements, wage slips & tax returns to CP1, if I can overcome his lack of knowledge (I am a complete novice at this) Iam sure I've got CP1 by the short and curlys.

 

May even take out my own private prosecution and get some compo from the harrassment and stress, I've put off seeing the doctor for about six weeks now but feel bl**dy awful at the moment.

[slick132]

Hi BC,

 

Just my opinion here, but I'm afraid you have to be realistic about what you may actually achieve here. I'm all for complaining to TS, etc about the tactics used by CP1 and the others as it must help change things in the long run.

 

However, I doubt you'll personally get anywhere in seeking redress or compensation for the DCA's atrocious behaviour.

 

Fighting these idiots and is a long haul and, if you're hoping for real justice at the moment, I'm afraid you'll be disappointed.

 

TS and the CAB can be quite hit-or-miss in terms of staff knowledge about debt issues. I think you're just as well seeking help here and sharing with others who are in the same predicament.

 

Keep your chin up and remember we are always here for support.

[beachcomber60]

Received this mornin a final final response from c1 regarding disputed cca (not reply to my letter supplied by Martin).

 

'Thank you for your letter about your request for us to provide you with a true copy of your credit agreement. I'm concerned to hear that you continue to feel that we haven't compiled with your request, therefore we should not take any further action against you.

 

I can assure you that we have provided you with the current credit agreement, which is in compliance with section 78 of the Consumer Credit Act 1974. In light of this, I wont be able to send any different documentation to support your request.

 

Along with a copy of your current credit agreement, I also provided you with the signed part of your credit card agreement and the status of your account. You clearly have a valid and enforceable credit agreement with Capital One, as evidenced by these documents and any claim to the contrary will be strongly defended.

 

I will continue to respond to your section 78 requests. However, I'm afraid I wont be able to send any different documentation to support your request.

 

You stated that you feel your account is in dispute. I would like to advise that we do not consider the account in dispute as we have forfilled on what you have already requested. Therefore we will continue to pursue the amount outstanding.

 

As I mentioned in my previous letter, you now have the option of contacting the FOS blah blah blah. As we've already sent our final response, I need to let you know that we wont be able to send any different documentation to support your request.'

 

signed - renshaw'

 

CCA/T&C's is as posted at the begining of this thread.

 

I have never refused to pay C1, I am paying them the maximum amount I can afford each month.

[steven4064]

Hi BC

 

What you have posted in post #1 does comply with s78 as modified by the 1983 regulations - C1 have fulfilled their obligations under s78.

 

However, what they have sent is not a properly executed agreement as defined by s61 of the CCA 1974 and by virtue of s65 can therefore only be enforced by a court.

 

S127 says that a court can only enforce a a document as an agreement if it is signed by the debtor and has all te prescribed terms. The two documents in post #1 have your signature (first) and the prescribed terms (second) but are only enforceable if they are part of the same document - ie front and back of the same document. Otherwise, not enforceable.

[beachcomber60]

Thank you Steven, sort of blows a hole in what I've been told so far.

 

I honestly cant link the front and back of what they sent as the same document, the reverse is very poor copy/scan compared to the front page, should I respond or cave in and accept whatever they throw at me now. I am not trying to wiggle out of the debt, we have really hit the buffers financially due to where we worked going into administration and resulting loss of in excess £25k + per annum, and can only afford to pay them so much which they willing take the money but wont offically accept lower payments without me supplying bank statements/wage slips/proof of JS allowance & believe it or not IR tax returns.

 

BC

[slick132]

Hi BC,

 

I think you owe it to yourself to stand firm, as opposed to caving in. Assume you're in the right until they prove otherwise.

 

To do that, they'll have to take you to court using correct procedure, produce the original documents and show they are enforceable.

 

Even if they do that, you can show your circumstances will only enable you to pay so much per month.

 

The only item you presently need to provide them with is an Income & Expenditure schedule, to enable them to consider your monthly offer.

 

They have no right to demand payslips, tax return or any other such personal items.

[beachcomber60]

Thanks Slick, sorry for going on a bit, really getting depressed feeling as if Iam sinking into quicksands. Their adding more to the debt each month then I'm paying.

 

The only real advice seems to be from this forum.

[slick132]

Hi BC,

 

It may be best for them to take this to court.

 

If it's proved enforceable, then the Income & Exp're budget planner should enable you to repay the date at an affordable rate. You'd have a CCJ against you. Have you been Defaulted yet on this a/c.

 

If it's NOT enfoceable, you can repay again at an affordable rate and they can't add interest or penalties.

 

Going back through your thread, I see mention has been made about penalty charges but no action taken to reclaim them. This is something positive you could be doing.

 

Do you have all the required statements.