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The one lot I havent really posted about as yet.

Wrote to them in August requesting CCA and got nothing - put the account into dispute which they ignored. sent two further CCA request letters without reply (other than defaults and statements etc) Then I got FPC and Scotcall attacking me - both of whom I withstood and sent warning letters to.

 

Now I get a letter from Cap One saying that they did respond - which they didnt. Some text from the letter....

 

"You clearly have a valid and enforceable credit agreement with Capital ONe as evidenced by the documents we have already provided (:eek:) and any claim to the contrary will be strongly defended.

 

We do not consider the amount to be in dispute as we have fulfilled on what you have already requested. Therefore we will continue to pursue the outstanding balance.

 

The info we have recorded with the CFA's is an accurate reflection of how you have managed your account and we will not be asking the credit agencies to remove this info."

 

 

Thoughts?:)

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Forgot to say that along with this letter I got a letter which was never sent at the time (20th October) saying that enclosed was a scan of a signed agreement (not enclosed in this copy) I never received that!!! What should I do in reply?

 

Your advice as ever much appreciated

 

GIB

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Capital One are a law unto themselves. Send Capital One (not the DCA) a Subject Access Request to their Complaints Department at the address you have for them - that they cannot ignore.

 

Subject Access Request - Debt & DCA

 

Enclose a £10 postal order and they have 40 days to reply. In the meantime if a DCA is pursuing you you can tell them you will have no correspondence with them and you have made a SAR to Capital One.

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i would also write back and point out that you have not received the cca despite their assertions and include another s78 recorded delivery request

 

wait 29 days from the first one

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Hi all,

 

Have received a letter dated 20th October!! which states that they are enclosing a true copy (this by the way is a completely different letter to the "copy" they sent me in December) and quoting chapter and verse about how they've already supplied etc etc.

 

What they have sent me is a signed copy of a short application form dated June 01 - On this one page doc there is no mention of credit limit, interest rate or monthly payments. What there is a credit agreement which is un - signed and refers in non specific terms to all these things.

 

Are they still shooting in the wind as it were?

 

Cheers

 

GIB

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Hi,

I would keep those letters together for when you complain about their tactics.

Just goes to show they either don't know what they are doing or they are plain liars. I know which one I would choose.

 

It's also standard for them to send short application forms and I'll bet that is all they have. No terms = unenforceable but if you can post it up that will help (and give us a laugh at their incompetance)

 

fox


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Thank you Silver Fox - really appreciate your comments. I haven't yet sent SAR to anyone as they dont seem to be progressing beyond blowing hot air and frankly money is so tight that sending them to all of my lovely creditors would cost a fair bit! In your opinion have I done enough to date by sending CCA's x 3 - complaints about harrasment?

 

Thanks again

 

GIB

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keep the SAR until they have dn'd and terminated

 

otherwise you will have a premajure access requestlation

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Thank you Silver Fox - really appreciate your comments. I haven't yet sent SAR to anyone as they dont seem to be progressing beyond blowing hot air and frankly money is so tight that sending them to all of my lovely creditors would cost a fair bit! In your opinion have I done enough to date by sending CCA's x 3 - complaints about harrasment?

 

Thanks again

 

GIB

 

 

Based on what you have put before (no limit.APR etc.) I would put the ball firmly in their court.

Whilst informing them (AGAIN) that what they have sent is not a FULLY executed agreement despite their assertions to the opposite, if they think their case is strong enough, let them take you to court. Basically, put up or shut up.

Even if they did take you to court and you lost, the judge would make you pay what he/she thought was appropriate. (personally I don't think that will happen but you never know)

Your credit file is already shot to pieces and lots of future creditors see a CCJ as no worse than a default and you're not planning to get credit in the next 6 years are you!

 

I agree with diddydicky, wait a while before sending a SAR

 

No doubt this will be sold on when of course you can deal with that when it happens


If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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