Cap 1 CCA enforcable or not?

[molly13]

Hi,

 

I'm about to send a SAR to Capital One..

Does anyone know the correct address for their Data Controller please?

Thanks in advance.

 

Regards

Molly:)

[cerberusalert]

Data Protection Act request address

 

Legal Compliance Specialist

Capital One Bank (Europe) plc

Trent House

Station street

Nottingham

NG2 3HX

[molly13]

Thank you cerberus:)

 

Much obliged again!!

 

Regards

Molly:)

[Pinky69]

Legal Compliance Specialist? Who are they kidding? They can't even write a sensible letter!

[molly13]

Of course they can Pinky... I've just had one from them today:

 

"Your agreement plan is due for review"...err what agreement plan?

 

"we have enclosed an I/E form, to be returned within 30 days"....yes it's on it's way,not.

 

"If you don't return it we MAY pass the account to DCA or sell it" I'm scared now, not.

 

"Alternatively we may be able to settle for a one off payment of less than the full amount outstanding"... very kind people.

 

So don't be unkind to them Pinky69:D

 

Regards

Molly:)

[molly13]

only just noticed this in the letter :

"include a complete bank statement dated within the last 3 months, showing receipt of your income and general expenses".

 

I'm going to change my name to Born Only Yesterday.

 

Where do these people get off???

 

Molly:)

[cerberusalert]

I'm surprised they don't want your bra, shoe & hat sizes too.

[molly13]

well you never know with DCA's, do you?

[molly13]

Hi again,

 

After posting earlier today it set me thinking and I looked through all my Cap1 bumpf and found this:

 

A Default Notice, supposedly, and termination of account.

Is this right?

 

The alleged Agrement and T& C?? I think the card was from around 2003/2004.

 

 

 

Any advice on this please?

 

Regards

Molly:)

[cerberusalert]

That is not a Default Notice it's a Statement of Default which is different, in fact a lot different because if they have terminated the a/c on the back of that they have unlawfully rescinded the agreement.

[molly13]

 

 

 

hope I got it all now

Edited May 6, 2010 by molly13
duplicates

[molly13]

Thank you cerberus, that's what I thought ,after reading on here.

But what do I do now then?

Do I have to write them a letter or something?

And does this mean that they are/were only entitled to the arrears at the time?

 

Thanks again.

 

Regards

Molly:)

[cerberusalert]

Have you got a copy of the CCA?

[molly13]

I thought I had scanned that. I'll try again.

[molly13]

[cerberusalert]

All that comes up are the notice of default and the termination notice.

[molly13]

I know I'm still trying

[molly13]

how do I share the whole album?

[molly13]

[molly13]

Phew I think I've done it...

[cerberusalert]

Those are just the T&Cs not the agreement.

[molly13]

Cerberus, the 3 top documents are their response to my CCA request last year. That was all they sent. THe T & C's were on the back of the 2nd document. They also sent me a small leaflet with othet T & C's.

 

Molly:)

[cerberusalert]

Well that is in no way shape or form a credit agreement, you should put the a/c in dispute and send them this;

 

Dear Merkins,

 

The CCA 1974 Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter.

 

My request remains outstanding. The items you sent in your reply, does not constitute a true copy of any credit agreement that may or may not have been signed by me on the opening of this account. It neither confirms that I am liable for any alleged debt to you, nor gives me any chance to evaluate whether any original agreement was ‘properly executed’.

 

I still require you to send me a true copy of the original credit agreement that you allege exists. As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.

 

You had until XX/XX/XXXX to provide me with the true copy I requested. You are now in default of my request. Any account I hold with you is now in legal dispute. Whilst the account remains in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agency.

 

To register information with a credit reference agency, you must have written consent from the customer to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.

 

The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office

 

To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Whilst you remain in default of my request, you are not permitted to take any action against this account. This includes adding further charges and passing any information to the credit reference agencies.

 

Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me.

 

 

I look forward to your reply.

 

Yours faithfully

Print name do not sign

 

**amend to suit your circumstances.**

[molly13]

Thanks ever so much again for your help cerberus:)

 

I'm sorry,but I'm not allowed to click your scales again, but your help is really appreciated.

 

Regards

Molly:)

[molly13]

Hi,

 

Further to my earlier posts I have now found a DN dated prior to the notice of default as well as another letter.(stuck at the back of file box)

Sorry but my scanner is not working at the moment so I can't post it up.

 

The DN is is under s.87(1) failing to pay minimum payment under clause 8 of agreement, which I haven't got, and demands payment of £xx arrears within 28 days of the date of this letter, 12.2.2009.

 

The 2nd letter is dated 26.2. 2009 and states overdue amount £xxx, which is about £60 more than on the DN."It is important that you act now to avoid further action

You must pay the amount shown above now or contact us if you are unable to do so. It is now extremely important that you contact us.

If you do not contact us or pay the amount outstanding, we will consider further action such as:

Terminating the account and issuing you with atatement of default. This means you will no longer be able to use your account and the whole balance will be payable immediately." Then threats of agents visiting etc.

After that it was the Statement of default and termination letter,as shown in previous posts on 17.3.2009.

 

I've spent the last few hours looking around the DN posts, and I am a bit confused in regards to DN being valid or not. Is giving 28 days OK or does it have to be a date? Have they terminated this agreement unlawfully?

Also, I don't quite understand why Cap 1 sent me the letter dated 26.2?

 

What does it all mean? All help very much appreciated as usual.

Thanks in advance.

 

Regards

Molly:)