Mr Silver v Crap1

[Mr Silver]

I’m about to start action against Crap1 credit card.

 

This is my legal action plan (comments welcome).

 

My defence-attack strategy / plan will be :-

 

1. I do NOT acknowledge the ALLEGED debt. I am in dispute over unauthorised transactions (disputed a few years ago and still not resolved!)

 

2. Plus the alleged debt includes penalty charges / unfair charges dating back up to 6 years.

 

3. Defamation/libel. Each time Crap1 process my alleged debt and report a default to Credit Reference Agencies (CRAs) they are defaming me and injuring my ‘credit worthiness’ with other creditors who look at my Credit File. Thus an injury to credit.

 

4. They are using inaccurate information by virtue of the penalty / unfair charges yet to be reimbursed / reclaimed.

 

5. Crap1 are aware that the alleged debt includes penalty / unfair charges and is thus harassing me for an inaccurate alleged debt (if any) which amounts to a libel/defamation each time they pass that inaccurate information onto third party DCAs and CRAs.

 

6. Crap1 are also in breach of Data Protection Act and so too are the Credit Reference Agencies (CRAs) for processing the Crap1 inaccurate alleged debt default information.

 

I should say that I’m not yet doing a SAR yet because I want to try the defamation attack first!

 

Offer to settle out of court in say 14 days. Quantum Damages / compensation claim for about £4,999.

 

Get them on the run / back foot and then hit them with the SAR and CCA.

 

Any suggestions / comments welcome.

 

Cheers!

Edited March 4, 2010 by Mr Silver
Tidying up paragraphs for ease of reading. Plus typos!

[Pinky69]

They will press a template button and you will get a reply back that has no relevance to anything you say whatsoever. This from a letter I sent to the ICO:

 

In 2008 Capital One paid off 750 staff, moved back into their original premises, transferred their call centre overseas and put their call centre staff into their mainstream operations. The result has been a shambles. I once had three different replies to the same letter from three different departments! They send templates in reply, use electronic signatures, there is no way of knowing whether the people in whose names they send template letters actually exist and they have no knowledge whatsoever of consumer law. They said when they made the redundancies that they would retrain staff but I guess they never got round to it. Not one of my complaints has ever been addressed. Every letter makes it look as if I have requested yet another copy of the unlawful application form – I could paper my walls with them. One says I requested call information – I have never once called Capital One. The letters are just nonsense. I had to send an email to the president of the bank in America to get a final response from electronic signature James Bell and when that finally arrived it was a template – no surprises there. They had clearly never investigated my complaint or even read it and if they did they wouldn’t understand it. I suspect the ICO will have difficulty getting any coherent answers from them. It was difficult for me to get the requested response together for the ICO because of different replies from different template button pushers.

[Mr Silver]

Hello Pinky69

 

Thanks for the information.

 

Surely though if they trade in the UK they have legal reps that appear in Court if consumers take legal County Court action against them?

 

I should add that about a year ago I received a few (5 or 6) letters from a Debt Collection Agency (DCA) working on behalf of Crap1 Credit Card.

 

Of course I ignored the letters from the DCA!

 

Template letters seem to be the order of the day like robotic staff in the banks!

 

I think I'll just send a letter to settle out of court within 14 days.

 

If a template reply or no proper response then follow up with a Letter before legal action and another 7 days!

 

 

Oh, by the way: do they reply to SARs?

 

If NOT? then I'll send a SAR first or at the same time - should confuse them!

 

Cheers!

[Pinky69]

Yes, they reply to SARs. As for court action, they might be represented or they might not turn up.

[Mr Silver]

Thanks for that Pinky69

 

I hope Crap1 fail to turn up at court!

 

I'll send them a SAR as well to get proceeedings under way and follow that with an out of court settlement offer!

 

 

Regarding the Debt Collection Agency that sent me letters on behalf pf Crap1. Do you think Crap1 sold the alleged debt to them?

 

I haven't heard from the DCA for over a year now!

 

And I haven't had any direct contact with Crap1 since late 2007!

 

No news is good news, I suppose?

 

Cheers!

Edited March 4, 2010 by Mr Silver
Missing word / information and typo!

[Pinky69]

You will be able to see form the SAR response whether they sold the debt or not.

[AA99]

Pile each letter up neatly and you can use them as a chair instead of buying furniture:???: We've got bored with folding them up into paper planes:) Off to the Bear Garden:grin: