Capital 1 CCA - Could someone check if enforceable please?

[Craigbadger]

Play by your rules and pay what you can afford. You dont have to provide them with a thing regarding you in/exp.

Have you sent a CCA request?(request for a copy of your credit agreement), Cap 1? are not great at producing these. Check the sticky at the top regarding unenforceable agreements. Of course dont consider this unless you are happy to be defaulted which will probably happen on a reduced payment anyway.

Post your own thread and you will get more individual help.

 

http://www.consumeractiongroup.co.uk/forum/newthread.php?do=newthread&f=167

 

Hi, I'm having similar problems with Capital One at the moment and all these threads and abreviations are very confusing, lol. I originally requested that I can reduce my monthly payments, sent a financial statement and a copy of that months bank statement. I recieved a letter back saying that my offer of £35 per month was too low, but they'd accept £38 per month for six months. I agreed in writing to this. They tried telephoning me several times per day, including sunday mornings, I refused to speak to them and my family automatically hung up the phone whenever we got a call with the delayed answer. I wrote to FOS complaining that they were harrassing me regarding telephone calls and although I'd agreed to a payment arrangement of £38 per month they continued to add fee's etc to my account. Now after 5 months the calls have stopped and they wrote to me asking for proof of income. I spoke to my parents who although are on a basic pension themselves have borrowed some money to help me resolve this situation. My original credit limit with Capital One was £3000, they debt accumilated to £3300, I had been paying the agreed amount every month up until a couple of months ago when I sent them a Full and Final payment request using the template on the National Debt Helpline site with an offer of £1300. After 2 weeks I had a reply from Capital One's Executive Response Centre reducing the outstanding balance to £2900. I wrote to them again with a full and final of £1800 and their response today was to yet again request proof of my income so they can set up the payment plan.

 

What is my next step?

[iamtiasmom]

Started a new thread, if you want to delete my post in this one, thanks.

[rockwell304]

Hi all,

 

Just received a letter from HL Legal advising they have been appointed by Capquest on behalf of Cap One - the chain is getting longer!

 

letter as follows;

 

TAKE NOTICE THAT unless account is paid in full or satisfactory settlement by 3 June etc etc court proceedings may etc etc

 

Balance: ****

Court costs: ****

Solicitors costs: ****

 

Interest, where applicable will also be added (really?)

 

then below;

 

Claim Number ###### - (made to look like an official court claim)

 

All replies must be sent to Capquest.

 

Would appreciate a comment or two on how to respond to these eejits!

[Desperate Daniella]

Hi rockwell,

 

I always think it is a good thing if you get passed around a lot. If they thought they had anything concrete or wanted to start proceedings they could do so. Can't guarantee it, but hopefully this means they know they are on dodgy ground.

 

Just send the usual letter, including the bit that you have requested a personal visit to see your agreement.

 

DD

[rockwell304]

Hi rockwell,

 

I always think it is a good thing if you get passed around a lot. If they thought they had anything concrete or wanted to start proceedings they could do so. Can't guarantee it, but hopefully this means they know they are on dodgy ground.

 

Just send the usual letter, including the bit that you have requested a personal visit to see your agreement.

 

DD

 

Hello Delightful DD,

 

I hope you are well, I'm sure you're correct! I just wondered should I request disclosure of documents under CPR as they are using a firm of solicitors (however dodgy) and intimating legal action.

[Desperate Daniella]

HL Legal aren't what I would call proper solicitors. Like a number of firms who crop up on the forum they just do debt collection. They think people will be frightened as soon as they see the word 'solicitors'.

 

Up to you, but I wouldn't bother with the CPR at this stage. I've had letters from them, and just treated them as DCAs. I mean honestly, even if they have a qualified solicitor running it, what sort of person qualifies and thinks that their ambition is to be a debt-collecting solicitor.

 

DDx

[rockwell304]

HL Legal aren't what I would call proper solicitors. Like a number of firms who crop up on the forum they just do debt collection. They think people will be frightened as soon as they see the word 'solicitors'.

 

Up to you, but I wouldn't bother with the CPR at this stage. I've had letters from them, and just treated them as DCAs. I mean honestly, even if they have a qualified solicitor running it, what sort of person qualifies and thinks that their ambition is to be a debt-collecting solicitor.

 

DDx

 

A very valid point! not when you can earn £500> in the city.

[RoyalIrish]

I got a rather interesting couple of letters from Cap 1 recently as well after I wrote to them informing them that I wasn't paying a penny until I find out who/what fraudulently used my signature on a constructed agreement.

 

 

 

(Most Recent CAP1 terms and conditions included with this nonsense letter, no CCA etc.)

 

They have adopted the '**** anything you say matey, you owe us money so pay us' attitude.

 

They have simply and totally ignored anything I wrote to them about.

 

They are not in the least concerned about a forged signature!

 

They seem to think that they are above the law and that the OFT Guidelines do not apply to them, the arrogant bastards!

 

The best I can do is ignore them until they eventually go away or take it to court.

 

Failing that go the 'whole hog' and get all the authorities involved.

 

RI

Edited May 28, 2010 by RoyalIrish

[Desperate Daniella]

Please do phone up FOS and complain. We are trying to get Capone to the top of the 'most complained about' list. They came second last year.

 

As you say, they completely ignore any questions and any references to the CCA 1974 and its regs.

 

After months of seeing off the usual lot they instructed, they then sold me to Lowells - very naughty to sell on an account in dispute. I reported them both to FOS and I haven't heard a word since.

[RoyalIrish]

Lowells are a doddle to crush like the vermin they are!

 

As far as Cap 1 are concerned, there is no dispute and they are ignoring this fact.

 

See, "we will continue to persue this outstanding debt and do not consider this account to be in dispute", WTF?

 

How can a dodgy reconstructed CCA with a forged signature NOT be disputed?

 

Mine has been around the block but when I started questioning the forged signature capquest dropped it like a hot potato and returned it to Cap 1 at top speed!

Edited May 28, 2010 by RoyalIrish

[rockwell304]

Do not reveal your name and address on a public forum. CapOne agreements after 2006 conform to regulations.

 

With reference to Pinky's comment above on Cap One agreements, could anyone possibly advise when exactly (month?) in 2006 they may have become compliant?

 

Thank you,

R

[rockwell304]

Received a "Letter Before Action" this morning from Capquest.

 

Interestingly, the letter commences by offering a reduction of 20% for settlement within 10 days. It then goes on to say exactly what will happen if they obtain judgement and bailiffs etc are involved. In fact over half the letter comprises this. This is misleading and designed to intimidate the vulnerable, inferring they have legal powers - what a bunch of chancers!

 

Would love a suitable response to stick it up them! As it is an LBA, should I make a request under CPR? not sure how to go about this.

 

R

[Craigbadger]

They are muppets who definitely prey on those that will trust there word as gospel(unfortunately many do).

Not sure on the CPR, should you wait for the court papers?

 

I sent a sold in dispute letter the other week, got a letter back saying they have contacted cap 1 and wont contact me again then today sent a income/exc sheet.

Incompetent muppets.

[rockwell304]

Thanks Craig,

 

I'm a little confused by the various CPR sections/sub-sections! Could anyone please advise which format to use when responding.

[RoyalIrish]

Received a "Letter Before Action" this morning from Capquest.

 

Interestingly, the letter commences by offering a reduction of 20% for settlement within 10 days. It then goes on to say exactly what will happen if they obtain judgement and bailiffs etc are involved. In fact over half the letter comprises this. This is misleading and designed to intimidate the vulnerable, inferring they have legal powers - what a bunch of chancers!

 

Would love a suitable response to stick it up them! As it is an LBA, should I make a request under CPR? not sure how to go about this.

 

R

 

CapQuest are a bunch of tools.

 

I wouldn't expend any brain power even thinking about this letter.

 

It is just the usual BS threatogram!

 

If they haven't got an enforcable agreement, lets face it, most Cap 1 agreements are a joke anyway, then tell them to feck off!

 

Cap 1 are masters of lying, cheating and ignoring the rules.

 

In my experience, I actually think that Cap 1 believe that they are above the law!

 

CapQuest is just muppets who act on what Cap 1 tell them.

 

RI

[Desperate Daniella]

Hi rockwell,

 

I always get muddled with the CPR requests, but in any case I agree with RI.

 

I'd just send the same letter as you have to the others, with particular emphasis that this matter can be resolved if they would like to make an appointment for you to see the agreement.

 

In answer to your earlier question, the earliest compliant agreements I've seen (assuming they aren't forgeries, of course!!!!!) are from April/May ish 2006.

 

I can understand why they don't want those of us with pre-2006 to pop up there for a visit, but it's interesting that they don't want these so-called compliant ones inspected either, isn't it?

 

DDx

[rockwell304]

Received a letter from the Eejits at Capquest advising me they have arranged for Scotcall to dispatch an agent to collect the full outstanding balance, this is a follow up to their "letter before action" a few weeks ago.

 

Well, he'll be dispatched all right! - head first through my garden hedge!

 

I have the standard template letter advising them I do not wish them to call, however, I would like to send a really no nonsense aggressive letter informing them in no uncertain terms to feck off, any suggestions most welcome!

[RoyalIrish]

Rockwell, have you actually sent CapQuest a letter yet explaining that you suspect that your signature is forged?

 

If you haven't, I suggest that you do asap, just like I did!

 

CapQuest will drop it like a hot spud and return it to Cap One.

 

I'll post the letter I drafted if you want it!

 

LETTER 1

 

Capquest Debt Recovery Ltd,

Fleet 27,

Rye Close,

Fleet,

Hampshire,

GU51 2QQ

 

CURRENT DATE

 

I ACKNOWLEDGE NO DEBT TO YOUR COMPANY

 

ACCOUNT IN DISPUTE

 

Dear Parasite,

 

Your Ref: YOUR ALLEGED ACCOUNT

Client Ref. CAP ONE CARD NUMBER

 

Thank you for your recent letter.

 

I have examined the document that you've sent and have very strong reasons to believe it may be a re-construction.

 

I now require that you confirm to me that this is in fact a true copy of a Consumer Credit Agreement for the alleged account.

 

Under CPUTR, I believe that you are legally obliged to inform me.

 

There are several reasons for my concern.

 

1. I have NEVER signed a Capital One Consumer Credit Agreement remotely resembling this and thus I firmly believe that this document has been reconstructed and my signature has been forged and fraudulently entered on the document.

 

2. The address at the top left of the document is not mine and has clearly been tampered with.

 

3. If this was a properly executed legal document the address would be accurate and not show evidence of tampering.

 

4. The entire document is mostly illegible and extremely difficult to read, it does not look professionally printed whatsoever.

 

5. This does not resemble the original Consumer Credit documentation that Capital One sent me upon initial request.

 

6. Capital One had indicated to me that they were unable to locate an original signed Consumer Credit Agreement so exactly where did this alleged agreement suddenly appear from?

 

7. The signature on the document, although similar to mine, is NOT my usual signature; there are several very distinct differences.

 

8. There is clear evidence of tampering within the signature box as a date seems to have been scribbled out.

 

9. The date that has been subsequently entered in the signature box is in completely different handwriting to mine and has thus been added or adjusted by someone other than me.

 

I am fully prepared, to submit this document to the relative experts in handwriting recognition and forensic science to establish its validity, as this is quite obviously a copy then I fully expect that either Capquest or Capital One will possess the original from which this copy was generated and will agree to further inspection at a later date.

 

I am also taking legal advice and I will be forwarding all correspondence from you to the police in due course for further investigation as I believe that my signature has been used fraudulently.

 

I expect your reply within 10 days.

 

Yours faithfully,

 

PRINT NAME

 

THEIR REPLY

 

Edited July 1, 2010 by RoyalIrish

[RoyalIrish]

LETTER 2

 

Capquest Debt Recovery Ltd,

Fleet 27,

Rye Close,

Fleet,

Hampshire,

GU51 2QQ

 

CURRENT DATE

 

I ACKNOWLEDGE NO DEBT TO YOUR COMPANY

 

ACCOUNT IN DISPUTE

 

Dear Sir/madam,

 

Your Ref: YOUR ALLEGED ACCOUNT

Client Ref. CAP ONE CARD NUMBER

 

Thank you for your recent letter.

 

It seems that you have not fully grasped the seriousness of this situation.

 

You have sent me a document that someone has constructed and forged my signature.

 

You have attempted to deceive me into believing that I was in debt to you.

 

You have attempted to obtain money from me by deception.

 

PLEASE READ THIS AGAIN VERY CAREFULLY

 

I have examined the document that you've sent and have very strong reasons to believe it may be a re-construction.

 

I now require that you confirm to me that this is in fact a true copy of a Consumer Credit Agreement for the alleged account.

 

Under CPUTR, I believe that you are legally obliged to inform me.

 

I shall also be forwarding all recent correspondence to Capital One Bank Europe Plc so that they can investigate this matter.

 

I EXPECT A FULL EXPLANATION OF WHERE THIS DOCUMENT ORIGINATED FROM WITHIN 14 DAYS.

 

Yours faithfully,

 

YOUR NAME

 

Cc Capital One Bank Europe Plc

Police Service of Northern Ireland

Citizens Advice Bureau

LOCAL MLA

 

THEIR REPLY

 

 

Says it all doesn't it?

Edited July 1, 2010 by RoyalIrish

[rockwell304]

Hi RI, many thanks for your help, I'll put something together in response to these chancers! They have already offered a 20% discount so maybe there is something not quite right.

 

I may be on dodgy ground with the signature argument, it is mine but not sure if it was lifted from another document and pasted. In any event I may have them on something else, better not mention on here.

[rockwell304]

Latest threatogram received from Scotcall Glasgow, lots of large red letters etc advising me of immediate visit by a field representative!

Well, thats appropriate because thats where he is going to end up! through the hedge in the field opposite our house!

 

We are 35 miles for the nearest large town where they are likely to have a representative. At least I have the pleasure of knowing that it will take the idiot an hour each way along with petrol etc, all this and the possibility of having your head ripped off! not going to be a good day for someone!

 

So far this has gone from Capital One to Fredriksons, Capquest (20% discount) and now these bluffers!

 

I am not going to respond, instead I'll wait for a moron to turn up and have some entertainment!

[Little Lady81]

Please can anyone check if this CCA is enforceable please? Any advice would be gratefully received.

CapOnedoc1.pdf

CapOnedoc2.pdf

[Drederick Tatum]

Please can anyone check if this CCA is enforceable please? Any advice would be gratefully received.

 

Unenforceable.

[Craigbadger]

Please can anyone check if this CCA is enforceable please? Any advice would be gratefully received.

 

Lol is that all they sent you?

[Little Lady81]

Yes thats everything that I have received, don't know how to respond? I didn't think it was enforceable and because they have taken so long to reply (they replied in July but I CCA'd them at beginning of May) I have put in a complaint to Ombudsman. Any advice of where to go from here would be most gratefully received. Thank you.