Carter claimform - old Cap1 card **SETTLED BY TOMLIN**

[spamheed]

They vary from ignorant lying t***ts to thieving lying t***ts

[emmaf01]

Great- just what I wanted for my one debt over £750!

 

They rang again, so out of curiosity I answered. It is for my Capital One account, which has been in dispute since they never bothered to reply to my CCA request received 16/8/08. Capital One said the account was on hold for two weeks while they sorted this out, and instead have farmed it out to Capquest. AAARRRGGHH!

 

I'm also waiting a SAR to confirm I have over £300 of charges on the account- I better get that prelim in asap (I'm only missing a couple of statements).

 

So Mr Capquest referred me to the letter they sent me on 3/10- I enquired whether they sent it 2nd class, he said they had, so I told him that would be why I haven't received it. Told him the account was in dispute with Capital One and I would write to Capquest. He says the account is now on hold for seven days.

 

Capital One are a bunch of t**ts.

[PGH7447]

They actually send you a letter, good grief, they used to ring me so i said in writing, the next thing I got was a letter from HL legal saying that due to failing to respond to their client letter dated (this was left blank) Idiots they would start legal proceeding. LMFAO wrote and told them to bring it on, and while they are at it invite along Rockwell and Moorcrap, who have both failed miserably to provide the required CC agrement.

 

next letter was from crapquest saying account now passed back to the OC, cant see how considering the OC wrote and told me they had sold it to crapquest laughed even louder at that point

[emmaf01]

Time for the bemused letter, methinks.

[zazen.warrior]

I get almost daily calls from Capquest regarding my CapitalOne account. They never get very far, I always put the receiver quietly down beside the phone and walk away.

 

They don't take any notice of letters, but don't let that stop you sending them.

[emmaf01]

I'll send one telling them the account is already in dispute with Cap 1. Then screw them.

[emmaf01]

So instead of the promised two weeks on hold, by the 3/10/08 they passed the account on to Capquest. I got a phone call from these (new) jokers today. I will be trying to find the bemused letter to post off special delivery tomorrow.

 

No matter how bad Capital One have behaved, I am still shocked by this behaviour. I must have lead a vey sheltered life up to now...

 

Has anyone got a suitably snotty letter I can send to Capital One as well?

[emmaf01]

So now Capquest have dropped my account, like the hot potato it is-

 

"I write in response to your recent letter the contents of which have been noted.

 

Unfortunately I am unable to comment on the dispute you have raised as this was prior to our involvement and at the time the account was passed to us we were unaware of any existing query. Therefore we are closing the account on our system."

 

The same day I receive a pile of C*** from Cap1, pretending to be a CCA. Sorry the scanner facility on my printer isn't working.

 

But as there is no chance this is enforceable- it is just a sheet printed out, not a document that anyone has or would ever sign, saying-

 

"Terms of your Capital One Credit Card Agreement- Thank you for your recent request. Please see overleaf for the current terms of your agreement with us. For the rest of your terms and conditions, please see the leaflet enclosed. If you have any further queries about your account please call customer services..."

 

I also got a short letter in with it saying-

 

"Thank you for your recent letter requesting copy documents for your account. I have reviewed your account and can confirm we haven't received a previous request for documents from you. (I have a recorded delivery receipt which says different)

 

You requested copies of the executed credit agreement and a statement of your account under section 78 of the Consumer Credit Act 1974.

 

Please find enclosed a copy of the current terms and conditions of your agreement, in compliance with section 78 of the CCA1974."

 

Now is it me or have they just pointedly NOT given me what I requested?

[ScabHunter]

Crap One really are one seriously nasty organization.

 

They will stop at nothing to harass innocent people and don't care how many laws they break, or how often. The trouble is, they are completely justified in doing this, according to their own warped value system, because none of the authorities ever do anything.

 

In my own case I was being hounded by nuisance calls at least ten times a day. They received all of the letters about harassment, I went through the complaints procedures, took it to the FOS, TS, OFT who are all toothless and useless.

 

At least the FOS looked at it, which should have taken some minuscule amount from Crap One.

 

The only reason I left the damn telephone plug in the wall was so I could record the incoming calls, but it wasn't worth the bother. I should have taken it out.

 

I am not telling anybody not to complain to the right authorities - it is something we all should do, just don't expect them to do the jobs they are paid to do. That is simply not the "modern British" way.

 

If the OFT had any respect for their own guidance, Crap One's license would have been taken away years ago.

 

Their antics are also incredibly stupid. I know they just farm off the losses to the taxpayer and therefore let everybody else pay for their own inability to run the business properly, but look at my case as an example.

 

The account went SLIGHTLY over the credit limit. I wrote to them, and they ignored me. They couldn't even be arsed to send a form asking for income and outgoings. Six months later, they sold the account on. Within two months of them doing that, I was in a position to have paid it down well below the limit. Had they not behaved like morons and dumped the account off, they would have continued earning interest for months and possibly years to come.

 

Udy should not only be reported to every relevant authority, he should also be reported to his own shareholders for flushing their money down the toilet.

 

As for your case emmaf01, is there definitely no signature on the "agreement" you have been sent? If there is not, then it is definitely unenforceable.

 

It doesn't really matter whether they have "just pointedly NOT given me what I requested" or not - the point is that you made a CCA request, which has been acknowledged, and they have failed to come up with an enforceable agreement in 12+2 days. At this point, you are quite within your rights to stop paying them.

 

As for telephone harassment, there are varying ways to handle that. If you have multiple debts and are being hounded ceaselessly, then you will need to give up that number and move on. The alternative is to just pull the plug out of the wall, and get something like a Skype In number for people who you actually want to receive calls from. When the PC is off, you will get no calls.

 

Just as a point for those who are paying off a valid debt on monthly installments - if the goons keep hounding you on the telephone trying to suck more blood out of you, I would sign up for BT Choose To Refuse and/or Anonymous Call Reject, or the equivalent with whichever telephone supplier you are with, and then tell the creditor that you are having to reduce your monthly payments to them as you now have increased utility bills due to telephone harassment. Obviously, that doesn't apply here, as you shouldn't be paying Crap One a bent farthing until they produce a valid CCA.

 

The incidents in posts 23 and 24 illustrates the importance of handling everything in writing. If you had evidence that they had promised you a two week hold, and then sold off an alleged debt while it was in dispute, that would be more ammunition for possible future complaints.

 

Send them an account in dispute letter and let them try to find a valid enforceable agreement. Keep as much evidence of their breaches of guidance as you can, for the future.

 

SH

[emmaf01]

Does section 78 of the CCA1974 say they can just send a set of terms and conditions? It isn't even a blank agreement, just what would be on the back of an agreement. There are none of my details or signature boxes.

[ScarletPimpernel]

Capone are persistent if nothing else, like a dogturd that never washes away in the rain. Debitarse appear to be the skidmarks of the DCA world.

 

Capone set Crapquest upon me having failed to produce an enforceable CCA. As in your case, Crapquest rapidly retreated under their stone. More recently I heard from the magnificently-title Regal Credit Consultants. The cheapness of their notepaper was matched only by the vulgarity of the design of their letterhead. However, they very kindly supplied a prepaid envelope, presumably in the (forlorn) hope that it would be returned stuffed with currency of the realm. Instead, however, I sent them a nice complaint. They responded with a 'Final Demand', but have since gone silent.

[emmaf01]

I think mine has headed over to NCO now, due to a couple of late evening missed calls from them. Could be b****** anything round here of course!

 

I know they probably haven't got a CCA as I don't remember signing one! I applied on the internet pre December 2004, which is when the digital signature regs came in, I think.

[emmaf01]

Today I got a letter from Capital One, asking me to phone them. So as I was curious, I did.

 

They have no idea why I was being asked to phone, my account is still with the "ERC" department, regarding my dispute. I said that was funny as it was also with NCO debt collectors.

 

So an email is getting sent to the ERC department, asking them to send out a copy of my CCA.

 

For goodness sake, no-one knows what is going on with this!

[emmaf01]

I got a CCA type thing from Capital One today!

 

I'm not completely sure about its enforceability, but as I'm not sure if I can get my scanner to work (it never has previously), I'll have to see what I can do.

 

There are two pieces of paper, one labelled Credit Agreement with my signature on and another titled "Credit Agreement Regulated by the CCA 1974- These terms are taken from clauses 8. 10 and 23 of the Terms and Conditions that you sign with us" the last bit in REALLY small letters.

 

The pages do not match up with crease marks, etc.

 

Something just seems a bit off, but I can't nail it down yet. And there are no mentions of fees or charge amounts on either.

 

I'll be back later when I am not rushed off my feet.

[ScabHunter]

Can I just ask what the "ERC" department is?

 

Is it the one with ERC Morecambe's picture on the wall, as opposed to the ERN Wise department?

 

I never had any dealings with that one, whatever it is.

 

Also, how on Earth did you manage to get an email address out of Crap One for any department? That is something I never managed to do.

 

Every complaint I made to these nice people had to be through the snail mail. It is a good job I get plenty of junk mail with unmarked postage stamps otherwise I'd have had to actually pay for postage.

 

SH

[emmaf01]

No I am not honoured enough to have the email address- that was from one Cap1 employee to another.

 

Now I want to figure out if this agreement is enforceable or not.

[havinastella]

No I am not honoured enough to have the email address- that was from one Cap1 employee to another.

 

Now I want to figure out if this agreement is enforceable or not.

 

Emma have a quick search of the other Crap One threads and look at their CCA's!

 

I've never seen an enforceable one from them!

 

Jogs

[emmaf01]

What I've received is the same as groovychickmum's in post number 10 of this thread-

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/105315-my-agreement-enforceable-useful.html

 

I have no idea whether this is enforceable and I'm a bit concerned it is a hack job as the creases on page one are noty repeated on page two, and without page two I don't think it would have a chance of being enforceable.

 

I'm a bit befuddled at the moment.

 

It's not that I've pinned all my hopes on the CCA not being enforceable- I have a charges issue to deal with after the CCA is clear. But I would like to know one way or the other.

[emmaf01]

Sorry its been so long on this one- life and health problems can get in the way as we all find!

 

Anyway, I've got to get this to court for the OH, before Cap1 make our phone ringer wear out. Not that they get any joy- we are too canny for that after all the DCAs we have now dealt with! At the mo I just pick up and put down immediately.

 

I was supposed to do the court docs in December but it wasn't meant to be.

 

So- I need to calculate charges, interest accrued on charges and do I do 8% on top- all without a spread sheet as I cannot use any other than google and they don't work on here anymore! Can't think why I have been putting this off???!!!

 

Any ideas people, just shout. I have the compound interest calculator and a normal calculator....

[beachcomber60]

Hi Emma,

 

Like you I've been trying to work out interest on the charges but for the life ofme I can't get on with spreadsheets.

 

How you getting on with NCO?

 

My account is 'now being handled by Capital One'

 

Jim

[emmaf01]

NCO have been a bit quiet lately- probably wondering why I'm not cowering in fear, throwing money at them! I really have stopped caring. I'll just wait and see what their next move will be.

 

Yeah- can't use the Excell spreadsheets as we don't have a valid copy of MS Office apparently. And need my OH to find the Open Office one... not that I'll be able to use that probably. I might just mess with the old google ones to see if that works, though I think they are simple interest only. Or just use the CI calculator again.

[Audreygreeneyes]

Emma if you are just doing it at the 8% you could always use mse calculator.... all you do is enter the date and amount it does the interes for you and gives you a nice little list to print up....

 

if oyu are with BT you can call them give them cap ones number and make a complaint about harresstment and they will warn them.

[emmaf01]

Well NCO have given up and passed the account back to Capital One.

 

I wonder which DCA Capital One will pass it to next?

 

I know I haven't been around much recently, due to health problems. Hopefully after I have an operation next month things will get a bit better. Then I can come back and hassle these DCAs and banks properly!

 

I wonder what colourful confections will pop through the letter box soon- it's almost like Christmas...

[Emma Royd]

Hi Emma

 

Sorry to hear you've not been well. I've been following your thread with interest as I too am having problems with Crapone. I asked for CCA and wrote back and told them to bog off until they sent me a true copy. I have not heard from them or any of their DCA's for must be 6 months now.

 

Anyway just wanted to say keep your chin up and hope all goes well with the operation.

 

Emma Royd

xx

[Dorabell]

Well NCO have given up and passed the account back to Capital One.

 

I wonder which DCA Capital One will pass it to next?

 

I know I haven't been around much recently, due to health problems. Hopefully after I have an operation next month things will get a bit better. Then I can come back and hassle these DCAs and banks properly!

 

I wonder what colourful confections will pop through the letter box soon- it's almost like Christmas...

 

Our freinds in leeds did with mine:mad: keep an eye on your credit file