Capital 1 /Laura Cooke/CCA

[vint1954]

Well your reason for disputing the account would be under s78 request CCA 1974.

 

CPR 31.16 is for when you have been threatened with legal action or legal action is just round the corner.

 

Your DN is very suspect, as mentioned before, however as mentioned before, I think you need some professional help with this.

 

It would help if you could explain what you are trying to acheive.

[Laura Cooke]

As advised by a site team member I sent a 31.16 request instead of cca request so their isn`t really a response letter to send when they haven`t responded to that I was later told this request should only be used by someone who knows what they are doing and quite obviously I don`t, these debts I am dealing with are not my own but I`m having to deal with them which is getting me down on top of being a carer for 2 adults (my husband & son) and partially for my sister

 

I am struggling financially if possible I would like it if some if not all the 5 debts were uneforceable I know they won`t go away but we are on benefits we don`t own our home so little to offer, I have ended my hubbies dmp this week as the figure to pay had become unrealistic to honour I will be offering the creditors A £1 gesture of goodwill this week and further to that don`t know what else I can say or do

[Dotty50]

Hi Laura,

 

I sent you the link to CAB, did you have a look there?

 

I would have thought that with everything you are trying to cope with they would be able to give you the best advice.

 

By the way, are any of the cards in your name too or solely your husband?

 

In view of your husbands condition, I would have thought it very unlikely to end up in court.

[vint1954]

As advised by a site team member I sent a 31.16 request instead of cca request so their isn`t really a response letter to send when they haven`t responded to that I was later told this request should only be used by someone who knows what they are doing and quite obviously I don`t, these debts I am dealing with are not my own but I`m having to deal with them which is getting me down on top of being a carer for 2 adults (my husband & son) and partially for my sister

 

I am struggling financially if possible I would like it if some if not all the 5 debts were uneforceable I know they won`t go away but we are on benefits we don`t own our home so little to offer, I have ended my hubbies dmp this week as the figure to pay had become unrealistic to honour I will be offering the creditors A £1 gesture of goodwill this week and further to that don`t know what else I can say or do

Laura,

 

I quite agree with Dotty. I think you should seek help from CAB. I do not think that you will be able to cope with all of this.

 

Let CAB help with your creditors.

[Laura Cooke]

CAB are miles away I can`t leave the house over and over again and all they will tell me is to pay the creditors the dmp weren`t helpful either CAB are ok but they do tend to run your life I don`t want that we have nothing so I`m not leaving us worse off so I will sit back and wait for Capital One to go to court, I`m not as strong as I used to be but I generally do get there in the end so I will wait for the help off here thanks Vint-Dottie

[Laura Cooke]

Hi Laura

 

Yes, that should be ok if they fail to give you documents after sending that letter off we will need to take it a step further.

 

Gaz

 

 

Hi Gazza nothing come for the cca request was due back 12-1-10

[Dotty50]

Hi Laura,

 

Using CAB is entirely your choice. You can access them online though.

 

I see you sent SAR on 20th Jan, this gives them 40 days to respond, in my case it took them nearly a month before writing back to ask me for a signature and then about another month to comply. Just written back to them for missing information.

 

Regarding CPR 31.16, I too understood initially that this was the next route after CCA request but have since read that this is best only used if they are taking you to court.

[nick20045]

In my opinion that is not a valid DN. It is a covering letter referring you to what agreement you have with them and giving you different options with a threat at the bottom that if you do not comply, they will want the full amount and will default you with CRAs.

 

As vint said for a DN to be valid it has to say what are the arrears, date to pay by and full total etc etc.

 

BUT one thing I notice is that you seem to be "set" in certain things and not willing to investigate other routes.

 

And two routes that you can investigate are:

a: PPI and

b: Default charges

 

Default charges for a start will render the agreement unenforceable.

[Dotty50]

"Default charges for a start will render the agreement unenforceable"

Hi Nick,

 

Can you elaborate on this sentence please?

[Laura Cooke]

Hi Nick no I dont understand why the charges matter I dont know if there is any on this account not had no cca it was due 12-1-10 and sars due back this week hubbie had no ppi on any of the accounts only charges I have seen are on the citi didnt know creditors cant make charges when hubbie first started missing payments for first 3 months they made charges of £12 didnt know this was a route must be great when you know all the facts and understand them wish I did

[nick20045]

"Default charges for a start will render the agreement unenforceable"

Hi Nick,

 

Can you elaborate on this sentence please?

Already explained in Laura Cookes other thread.

 

Hi Nick no I dont understand why the charges matter I dont know if there is any on this account not had no cca it was due 12-1-10 and sars due back this week hubbie had no ppi on any of the accounts only charges I have seen are on the citi didnt know creditors cant make charges when hubbie first started missing payments for first 3 months they made charges of £12 didnt know this was a route must be great when you know all the facts and understand them wish I did

Already explained to you in your other thread how it works.

 

Post 88

 

http://www.consumeractiongroup.co.uk/forum/citicards/244896-laura-cooke-citicard-5.html#post2739857

 

And if you want to see how it works read last page of this thread http://www.consumeractiongroup.co.uk/forum/legal-issues/204622-halifax-mikeeb-help-defense.html

 

And if you go to http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/190222-notice-assignment-default-notices.html and you read the wording in the Notice of Assignment and Default Notice (i.e. How to submit the argument to the Court) you will see that default charges are unlawful. Now............ when you have something unlawful can you enforce it in court?????????

 

Dont just go for one route. Try different ones. To make it unenforceable it is not just a faulty DN or a faulty agreement. There are other things.

[Laura Cooke]

Shall I send a letter in dispute cca was due back 12-1-10

[Dotty50]

Hi Laura,

 

I didn't think you had done a CCA request which gives 12 + 2 days to respond, only the request under CPR 31.16, which I expect they will ignore anyway. (they did in my case)

 

I see you have sent SAR on 20.1.10 which as you know gives them 40 days.

 

As they have the 40 days to answer your SAR request, I think I would be inclined to send the CCA request now to cover yourself. (others may advise different)

 

I hope you are keeping all your receipts from the royal mail for your postal orders and recorded delivery, keep them with the relevant letter sent and check for delivery on the royal mail website and once there is confirmation of delivery, print the signature page off, it may come in very useful later on.

[Laura Cooke]

Hi Dotty I thought the rules 12 + 2 was same with the 31.16 as the creditors seem to treat the 31.16 same as cca request well one of the creditors did that said "here is you credit agreement in response to your cca request" despite sending it as a 31.16 request I always send recorded delivery I save envelope and check with Royal Mail on the delivery not sure f I should now send a cca request see if anyone as any comments as to what to do now if anything

[Dotty50]

Just had a look at the letter I sent (in error) under CPR 31.16

 

It doesn't state any time limit for a response, my understanding is that this is used if you are threatened with legal action, in order to force them to produce the documents they intend to use in court.

 

I am not absolutely sure about this though but I am sure someone else will come along to assist.

[nicoalfredo]

quote=Laura Cooke;2744046]Shall I send a letter in dispute cca was due back 12-1-10

 

yes. 12 +2. now in dispute

[Laura Cooke]

Like dotty said the 12 + 2 doesn`t apply to what I made my credit card agreement request as I requested under 31.16 so don`t suppose there is a letter without someone who knows I can`t do anything hoping site team or equivalent might come forward

[vint1954]

Just had a look at the letter I sent (in error) under CPR 31.16

 

It doesn't state any time limit for a response, my understanding is that this is used if you are threatened with legal action, in order to force them to produce the documents they intend to use in court.

 

I am not absolutely sure about this though but I am sure someone else will come along to assist.

Thats correct Dotty. You need to be willing to push this to the end though, and that means taking them to court. We all know the pitfalls of that following Carey.

 

I beleive that the original process is tried and tested.

 

CCA request 12+2 days.

 

Letter of dispute follows.

 

Then deal with the creditor on a letter by letter basis. This way you can tease all sorts of mistakes out.

 

I have used 31.16 on 3 creditors. All ignored it. When it gets to court stage, you can use 31.14 with more certainty.

[Laura Cooke]

So I don`t bother sending anything else just sit back and wait? I wish I had sent the cca request but took up the advice off the site team member to do the 31.16 if you want your credit card agreement for 3 of the creditors sent cca requests for other 2 did 31.16 either way not had what I want

[vint1954]

So I don`t bother sending anything else just sit back and wait? I wish I had sent the cca request but took up the advice off the site team member to do the 31.16 if you want your credit card agreement for 3 of the creditors sent cca requests for other 2 did 31.16 either way not had what I want

Well I would be inclined to send CCA requests off. This will obviously not be appropriate if they have issued court proceedings.

 

The advice that you got from the site team was correct. If you want to see a copy of your signed agreement, or find out if they have one, then 31.16 is the way to go, if they have threatened you with legal action. You will however need to be preparred to go all of the way to court with it to obtain an order to produce the document. There is a second follow up letter in the library to send if they do not respond. Have you sent that?

 

There can be costs involved if you do not.

 

31.16 is part of the pre-action process, designed to assist a resolution, before court.

[Laura Cooke]

Capital One not been in touch for a long time I wrote 21st December for cca (31.16) they wrote back stating they needed a signature I wrote back 11th January stating they didn`t need one and not heard anything since

 

Sent for sars that due back beginning of March never even had a dn so should I send a signature in another letter or send a cca as it was a 31.16 I sent originally:confused:

Edited February 3, 2010 by Laura Cooke

[Laura Cooke]

Gazza you mentioned that if Capital One didn`t send anything back after the 31.16 request for hubbie`s cca we`d have to try something else it was due back 14th January but ignored the letter to them stating they don`t need signature suppose I could report them to ICO? not that they do anything as i reported MBNA nearly 2 months ago and ICO never been in touch

[Dotty50]

Hi Laura, Have they issued any court proceedings?

 

If not then CCA is best next - see Vints comments on post 70 which gives you brief details of CPR process, which is what I guess Gazza meant.

[Gazza112]

Hi Laura

 

Ok forget what you have sent, meaning the 31,16 letters and start from scratch. Get a £1 postal order and send them the CCA template letter off to your creditors. Lets see what comes back from them.

 

Gaz

[Laura Cooke]

Thanks you lot will do as advised not heard a thing from them

Edited February 11, 2010 by Laura Cooke