Lowell/BW claimform - Old CAp1 'debt'***Settled Tomlin Order***

[johealey]

Sub - am interested to see how this progresses - my claim has now been submitted to the FOS!

[DoubleU]

Just for your information peeps,

I CCA'd Capquest, who I'd been paying regularly. Their reply was a one-liner:

(well it was 2 lines actually)

Please find returned your £1.00 postal order Admin Fee for a copy of the agreement for the above account. (great start!!)

then:

We would advise you that we are not dealing with the above account and request that you contact CAP1 Bank (So, I CCA'd CAP1 bank and that should be finnished the end of this week. So far Nooooothing - Nada - Rien du Tout - Zilch! So I am preparing . . . . . First the account in dispute ltr and then?? I don't know! Hence my question: How do I obtain a declaration of the court etc etc Jameson78 is referring to!! Please please please tell us Jameson78????

[DoubleU]

Sub - am interested to see how this progresses - my claim has now been submitted to the FOS!

 

 

Hi Johealy,

As you can see, I am expecting the same from CAP1. On sat 27th I will be sending the Account in dispute letter. If similar reply as described above, asking for a signature, I will supply them with NOTHING and follow the example above, just to see what will happen. I expect they will be passing it to another DCA and we will go on the merry-go-round. Don't want to do this forever, and I understand Jameson78 idea for getting the court involved sounds interesting. Not just for this one, but for others that are outstanding too. (Like Barclays) If an order can be obtained through the court that would end the matter, especially if we can do it just as quick as they do - preferably through the Northampton bulk thingy, unless that costs extra dosh, then that would be wonderful. In the meantime, my question to you is, is there a template letter for complaining to the FOS?

 

Thanks

DoubleU

[harrassed senior]

I really wouldn't bother going to all that trouble at the moment, it (the alleged debt) will still be on the merrygoround until it becomes statute barred at which time you can send whoever has it at that time the SB letter.

 

Get on with living your life and don't let these idiots take any more of your time and money.

[DoubleU]

Sorry, I don't quite understand Harrassed senior. How can it become statute barred if you keep receiving correspondence about it every month or two? I thought that was only the case if you didn't hear from them at all for a period of 6 years. If I am wrong, can you please put me on the right track??

 

Thanks

DoubleU

[Huff&Puff]

A debt becomes Statute Barred if no payment or written acknowledgement has been made by you in the last 6 years (5 in Scotland). A DCA, or the original creditor, cannot do anything to prevent Statute Barring.

[DoubleU]

Wow!! That shows how important it is NOT to react, once the account is in a stalemate. So, the 'game' (if we can call it that) is to box them into a corner, (so they can't do anything) and then stand still and not say a dickybird until the time is up, regardless of whether they send any letters. Then, if they threaten again, we have them by the 'baulieux', yes? Just say yes if that is right. and . . . OMG I have some right 'uppercuts' waiting for them! Thanks. I understand your name now. I would be Huffing and Puffing whilst I was waiting for the time to go by. I would almost go as far as wishing my life away, but that would be silly. Thanks!!

[Huff&Puff]

Yes, you have summed the situation up nicely. It all gets easier as time goes on, you start to see just how empty their threats are after a while, and then instead of worrying about what the postman will bring, you look forward to having a laugh t their silliness. Especially if you can share their stupidity with the rest of CAG

[johealey]

Hi Johealy,

As you can see, I am expecting the same from CAP1. On sat 27th I will be sending the Account in dispute letter. If similar reply as described above, asking for a signature, I will supply them with NOTHING and follow the example above, just to see what will happen. I expect they will be passing it to another DCA and we will go on the merry-go-round. Don't want to do this forever, and I understand Jameson78 idea for getting the court involved sounds interesting. Not just for this one, but for others that are outstanding too. (Like Barclays) If an order can be obtained through the court that would end the matter, especially if we can do it just as quick as they do - preferably through the Northampton bulk thingy, unless that costs extra dosh, then that would be wonderful. In the meantime, my question to you is, is there a template letter for complaining to the FOS?

 

Thanks

DoubleU

 

 

Hi I didn't use a specific template as such, but you would need Crap One's final reponse letter before going to the FOS. There is also an form to be completed which you can do on the FOS' website. I completed this and enclosed various letters of correspondence.

 

I am about to send Crap One my final letter before action and now the FOS are involved I wonder if this will speed things up, though I very much doubt it! Apparently Crap One don't tend to pay out until a few days before Court so I hope I don't have to go down that road, but I am willing to do so if required.

[thrubolt]

they just a bunch of numpties, just like whe whole lot of DCA's, they are all **** who would not volunteer for front line duty, but love to threaten people to the core, as bomber harris said one "They sowed the wind, so they shall reap the whirlwind"

[Jameson78]

I'm sending a SAR to Cap One.

 

Doesn anyone know the address for a SAR request?

 

I was going to send to:

 

Data Protection Team

Capital One Bank

P.O. Box 5282

Nottingham

NG2 3FB

 

Is that ok, or is there a specific address? thanks

[babydoll0141917]

Subbing with intrest ..in the same situation ..Freds hav my account..the last letter was they will take action if i dont call them and come to some arrangement ..They will hav a long wait..Benn going on over a yr now

[MadAboutIT]

have I read this correctly that Cap1 are officially in dispute and then they passed your information on to a DCA?

[MadAboutIT]

from the templates on CAG

 

Letter when account has been passed on whilst agreement request is in dispute

 

 

 

ACCOUNT IN DISPUTE

 

Date:

 

Dear Sir or Madam,

 

Account number: XXXX XXXX XXXX XXXX

 

I am in receipt of your letter dated XXXXX

 

This account is in dispute with **original creditor/DCA** and has been since DATE .

Not only is this a breach of the Consumer Protection From Unfair Trading Regulations 2008 in line with the Office Of Fair Trading's debt collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

 

My previous dispute from **DATE** has NOT been answered.

 

As **original creditor/name of debt collection agency** are now in default of my Consumer Credit Act agreementrequest and have also breached *s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.

 

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Now I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.

 

If **New DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

After taking advice, I am of the opinion that any continued pursuit is in violation of the Consumer Protection From Unfair Trading Regulations 2008 in line with the Office Of Fair Tradings Collection Guidelines

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

Yours faithfully

[Jameson78]

It seems Freds has given up

Account has now been passed to CapQuest. Letter ready to send on tuesday.

[Jameson78]

Here is part of the letter that will set the playing field for the next round with capquest

 

 

You should be made aware that Ms. XXXXX of Capital One, has refused to comply to my request pursuant to s.77/78 of the consumer Credit Act, due to my request not being undersigned by myself. I pointed out in my response, dated __________, that there is no requirement under the Act that requires a s.78(1) request to be accompanied by a signature. XXXXX responded on __________ that she will still not respond to me until I send her a copy of my passport to prove my identity. I responded on __________, stating that whether Capital One accedes to my request or not, makes no difference. I will not be providing Capital One with a copy of my passport. I consider XXXXX response to be a major failing and breech of the OFT guidelines which I will now take up formally via the proper legal channels within Trading Standards and possibly The Office of Fair Trading. I consider this account in dispute.

 

Furthermore, Capital One again breached OFT guidelines and the Data Protection Act 1998 for selling or assigning this account to FPC Debt Collections Services and on 14th December 2009 I wrote to FPC Debt Collections Services listing the breaches and requesting that this account be sent back to Capital One. This has been ignored and instead, evidently passed or assigned to you.

 

Consequentially, your letter has prompted me to act and you should be advised that I have sent you, “CapQuest Debt Recovery”, under separate cover and using Royal Mail Recorded Delivery, a second formal request pursuant to s.77/78 of the Consumer Credit Act 1974 for a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide which includes providing a statement of account.

 

Will keep you posted

Edited April 4, 2010 by Jameson78
took off bold format

[Sidewinder]

Subbing.

 

Likely to end up in a similar situation. Offered token payments last August and CapOne refused as I hadn't signed the same signature which they have on file. Paid reduced payments anyway until CapOne removed my internet account access and account now passed to Capquest. CCA request sent unsigned, together with queries over mis-sold PPI.

[Jameson78]

Capquest sent letter informing me that they were not aware the account is in dispute and therefore have closed the account and sent back to Capital 1.

 

I sent the follow up templete letter telling Capquest off after DCA closes file.

 

Capital 1 sent letter friday advising me that the account is no longer managed by Capquest and that i should start making payments to Capital 1.

 

Yeah right!

[The GodMother]

Cap1 passing a account that is in dispute is nothing unusual.

 

I was suing them and yes there were aware of it. During the time they were being sued they passed the account to 2 dcas and never told either l was suing them and when the courts found out they ordered them to take back and stop passing around. They lost the case.

[merlin100]

Some mention of Freds on here being awkward. Guess I got lucky then.

Sent CCA request to them dated 11/04. Got reply back dated 14/04 returning my PO and saying they unable to proide a copy of the agreement on this acount and that I should obtain it from my OC.

Sorry Fred, that is your job.

[The GodMother]

then remind them of that as they are chasing the money.

[merlin100]

Not a bad idea Godmother but would it really make any difference to these low-lifes? Doubt it.

The account is now in dispute ( I have their letter saying they are unable to obtain the agreement) which to me is very useful for when they flog it on to another low-life.

But thanks anyway:)

[Jameson78]

Update: The reply to my SAR is that I didn't sign the letter and that there WAS NO £10 FEE. That mad me a little angry. Thankfully I have a photocopy of the PO and also the PO receipt which I have sent them and warned them to get a move on as the clock is ticking.

 

I didn't know I had to sign a SAR!

 

Cap 1 are digging a very deep hole for themselves!

[Guest Cartaphilus]

Cap 1 are digging a very deep hole for themselves!

 

As usual where CCA requests seemed to be concerned. They became quite possibly the most annoying ones to deal with over this a while ago. Took well over a year for them even to acknowledge my situation financially let alone anything that resembled a 'CCA' that could pass muster.

[discod]

I sent the account in dispute letter as the signature on the CCA does not appear to be mine and have told them so but they are still chasing the debt saying the agreement is enforcable and will continue to treat it as such.

Will report them to trading standards but any idea what i can send cap1 in the meantime please xx