Higgzy vs Cap1 - Advice appreciated

[Higgzy]

I currently owe cap1 £703. the card was taken out in 2003 and defaulted in 2007. My credit limit was £200 and if i remember right i only borrowed around £280. Although to date i have paid back over £1000 and still owe £703 which is frozen on my credit check since the default in £703 and they are not chasing me for it. Id like the default cleared as im trying to apply for a morgage. After reading similar threads on this site i sent them the following letter on 15th June:

 

 

*

To Whom It May Concern:

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

With reference to the above account, I request that you send me a true copy of this credit agreement.

This is my right under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974, and I am entitled to receive a copy of my original credit agreement on request.

 

Your obligation also extends to providing me with a statement of account. I enclose £1 which represents payment of the statutory fee payable under the Consumer Credit Act.

 

I understand that a copy of my credit agreement should be supplied within 12 working days from the date of this letter.

 

I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

 

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

In summary,

I DO NOT ACKNOWLEDGE THIS DEBT AND THEREFORE REQUIRE YOU TO SUBSTANTIATE THIS BY PROVIDING THE FOLLOWING DOCUMENTATION BEFORE I CORRESPOND FURTHER:

1.True copy of original credit agreement

2.Statement of account

3.Fair Processing Notice.

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

 

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

 

Further to the above, please ensure that any contact by yourselves is made in writing only to the above address. Telephone calls and personal visits will not be accepted and viewed as harassment.

 

As this account is now in dispute, I would also draw your attention to The Banking Code section 13.6:-

 

We may give information to the Credit Reference Agencies about personal debts you owe us if:

 

·The Amount Owed is Not in Dispute.

·The Office of Fair Trading provided a Code of Guidance that is in relation to Debt Collection: OFT 664 Response to consultation paper and final guidance on unfair business practices dated July 2003

Deceptive and/or Unfair Methods-

2.8 Examples of unfair practices are as follows:-

k. Not ceasing collection activity whilst investigating a reasonably queried or disputed debt.

 

If you continue in your pursuance of this account I will have no other alternative than to report you to both, The Information Commissioner and The Office of Fair Trading.

 

Furthermore, I shall submit a Consumer Credit Act 1974 complaint to the OFT upon the basis that you have failed to comply with the OFT’s direction of 5 April 2006 and are therefore not a ‘fit and proper person’ to hold a consumer credit license under the 1974 Act.

 

I look forward to hearing from you within the statutory time limit.

Yours faithfully

 

 

 

 

************

Was this letter ok? It was sent recorded and i have a proof of delivery on 17th June and still to date have no reply. What do i need to do now? All i would like to do is get the debt squashed and the default removed from my credit file. Ive seen a few threads to claim back the unlawfal charges. Is this another route i can go down,

Any advice / help will be greatly appreciated.

Higgzy

 

 

 

[Higgzy]

I have just found the following letter courtesy of 42man.

Is this my next step of action?

Also, would be greatful if someone can confirm the address i should be sending the letters to.

 

Account In Dispute

 

Ref:

 

Dear Sir/Madam

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

You have failed to comply with my request, and as such the account entered default on **DATE**.

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore

 

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

 

If that request is not satisfied after a further 30 calendar days your client commits a summary criminal offence.

 

These limits have expired.

 

As you are no doubt aware section 77(6) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled , while the default continues, to enforce the agreement.

 

And

 

(b) If the default continues for one month he commits an offence.

 

Therefore this account has become unenforceable at law.

 

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

 

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

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed Breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

[Higgzy]

Bump please

[maroondevo52]

Hi,

 

Can't see them removing the default, any Idea how much there is in charges you could re-claim ?

 

Regards.

 

Scott.

[Higgzy]

Hi Maroon, thanks for replying.

 

I havent got a full statement but i know i only borrowed around £280 and know i have paid back around £1000 upto 2007 with still an outstanding balance of £703. In 2007 citizens advice wrote to them on my behalf with my incoming and outgoings offering £10 a month with charges and interest to be frozen as i was on a low income. They agreed to this but me being very very silly paid a few payments then wrote to them to say i felt the charges and interest were unfair and to take me to court. I stopped paying and since the letter have heard nothing from them, no letters, phone calls, no letters to say the debt has been passed on etc. Although they have placed a default on my file dated 2007 with an updated monthly balance of £703 which to date seems like its frozen. I welcome any advice on how to deal with this. Ideally id like the default removed but not sure how to go about it. If i go down the charges route and the payment is more than the outstanding balance, will they clear the default?

[maroondevo52]

Hi,

 

I'm no expert in Defaults but, if the default was placed as a result of their charges on the account then you could add the request for Default removal as part of your settlement of your claim.

 

This has been achieved before, also Credit Cards had nothing to do with the recent court case regarding Banks and their charges, so you should not have any problems getting them back.

 

I claimed back a stack of charges from Cap 1 a few years ago.

 

Do you have your statements for the account ?

[Higgzy]

No, what do i need to do to get one?

[maroondevo52]

Hi,

 

Send a Subject Access Request to Cap 1, it'll cost you £10, send it recorded with a Postal Order.

 

Here's the letter...........

 

http://www.consumerforums.com/resources/templates-library/48-bank-templates/110--data-protection-act-1998-subject-access-request-

 

They have 40 days to comply.

 

Regards.

 

Scott.

[Higgzy]

ok, cheers scott. Will send it off tomorrow. I know theres over £1000 in charges on the account. When i have the actuall charges how do i work out interest etc?

[maroondevo52]

I only claimed the judical 8% when I filled my claim, and got it.

I'm not too good with claiming more, lots of folk have but I'm not too sure how to work it out ?

 

There's spreadsheets on this site you can use which calculate the interest for you.

 

Here's the 'link'.................................

 

http://www.consumerforums.com/resources/templates-library/48-bank-templates/118-interest-calculation-spreadsheets

Edited July 5, 2010 by maroondevo52

[Higgzy]

thats good to know. ill send the sar tomorrow and see what happens. will post back when i get it....... will prob be a couple of months or years knowing my luck lol. Thanks for ur help scott. appreciated.

[maroondevo52]

Hi, no problem.

 

I was trying to find their address to send the SAR but there site's down

[Higgzy]

Capital One BANK (EUROPE) PLC

Trent House

Station Street

Nottingham

NG2 3HX

 

or

 

Capital One Bank (Europe) PLC

Legal Dept.

Loxley House

Station Street

Nottingham

NG2 3 HX

 

or

 

neither lol

[Higgzy]

Can someone please tell me best address to send a SAR.

[silverfox1961]

HI,

To be honest, I would send the SAR to their head office rather than to Nottingham.

 

Capital One (Europe) Plc

350 Euston Road

London

NW1 3JJ

 

Be prepared for some delaying tactics.

Make sure you ask for all data, not just what they think you want.

I took them to court last year(although I did discontinue) as they hadn't supplied everything I wanted.

[Higgzy]

Thanks Foxy, was gonna use the template here http://www.consumerforums.com/resources/templates-library/48-bank-templates/110--data-protection-act-1998-subject-access-request-

[silverfox1961]

You could do but I happen to think this one is slightly better

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/576-subject-access-request-debt-a-dca

[Higgzy]

Thanks, will give it a go.

[Higgzy]

Also i was looking at the interest calc spreadsheet page here and theres no mention on Wales. Does this mean i cannot claim or do i just use englands one?

[silverfox1961]

England and Wales follow the same laws. It's only Scotland and Northern Ireland that are different

[Higgzy]

thanks Fox

[Higgzy]

recieved this letter from cap1 today. Shall i wait and see if they send statement with the cca? Or send a sar anyway?

Edited July 6, 2010 by Higgzy
edit of image

[silverfox1961]

I would send the SAR anyway.

 

Can you re-edit your post and remove that barcode on the right. It might identify you

[Higgzy]

I would send the SAR anyway.

 

Can you re-edit your post and remove that barcode on the right. It might identify you

 

Thanks, i missed those ones. Been a hard day lol.

[Higgzy]

I have still heard nothing since the letter above. Good news is while sorting out our spare room today i came across my statements which were up until middle of 2006. The debt has been frozen since then. I have put the charges into the calculator (see attached). What do i need to do now? Can i just send a letter and a copy of the speadsheet or do i need to go through the courts? Regards, Higgzy HIGGZY CAP 1 CHARGES.xls