Capital One Credit Card Debt - Fredericksons now on the scene!!

[bezzy0_0]

WILL ANYONE TAKE A LOOK AT THESE DEFAULT NOTICES TO SEE IF THEY ARE NOT IN CORRECT PRESCRIBED TERMS

 

 

 

[Tingy]

Sorry - in a rush, but this might help you work out whether it is correctly served on you:

 

Default Notices

 

Section 87(1) of the 1974 Act allows the creditor to send you a default notice giving you fourteen days from the date you receive it to pay the arrears. The default notice must contain all of the necessary information under the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 ('the 1983 Regulations'), which includes

1. a statement saying the notice is a default notice served under section 87(1) of the 1974 Act
   
2. a description of the agreement
   
3. the name and address of both the debtor and the creditor
   
4. details of the breach (i.e. late payment) and, if the breach can be remedied, the date by which it must be remedied or, if the breach is not capable of remedy, the amount required to be paid after the expiry of the specified date;
   
5. a statement saying: if the action required by this notice is taken before the date shown no further enforcement action will be taken in respect of that breach
   
6. a statement saying: if you do not take the action required by this notice before the date shown then the further action set out below may be taken against you
   
7. a clear and unambiguous statement saying that if the action is not taken by the date specified, what it will do (for example, if will it terminate the agreement and recovery possession of the motor vehicle)
   
8. if the agreement is one of hire purchase or conditional sale, a statement saying: but if you have paid at least one third of the total amount payable under the agreement set out below (or any installation charge plus one third of the rest of the amount payable). The creditor may not take back the goods against your wishes unless he gets a court order. (In Scotland, he may need to get a court order at any time.) If he does take them back without your consent or a court order, you have the right to get back all of the money you have paid under the agreement set out below
   
9. if an amount of money is required to be paid, the amount before deducting any rebate on early settlement
   
10. statements saying:
    

if you have difficulty in paying any sum owing under the agreement or taking any other action required by this notice, you can apply to the court which may make an order allowing you more time

 

if you are not sure what to do, you should get help as soon as possible. For example you should contact a solicitor, your local trading standards department or your nearest citizens' advice bureau

[bezzy0_0]

Sorry - in a rush, but this might help you work out whether it is correctly served on you:

 

Default Notices

 

Section 87(1) of the 1974 Act allows the creditor to send you a default notice giving you fourteen days from the date you receive it to pay the arrears. The default notice must contain all of the necessary information under the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 ('the 1983 Regulations'), which includes

1. a statement saying the notice is a default notice served under section 87(1) of the 1974 Act
   
2. a description of the agreement
   
3. the name and address of both the debtor and the creditor
   
4. details of the breach (i.e. late payment) and, if the breach can be remedied, the date by which it must be remedied or, if the breach is not capable of remedy, the amount required to be paid after the expiry of the specified date;
   
5. a statement saying: if the action required by this notice is taken before the date shown no further enforcement action will be taken in respect of that breach
   
6. a statement saying: if you do not take the action required by this notice before the date shown then the further action set out below may be taken against you
   
7. a clear and unambiguous statement saying that if the action is not taken by the date specified, what it will do (for example, if will it terminate the agreement and recovery possession of the motor vehicle)
   
8. if the agreement is one of hire purchase or conditional sale, a statement saying: but if you have paid at least one third of the total amount payable under the agreement set out below (or any installation charge plus one third of the rest of the amount payable). The creditor may not take back the goods against your wishes unless he gets a court order. (In Scotland, he may need to get a court order at any time.) If he does take them back without your consent or a court order, you have the right to get back all of the money you have paid under the agreement set out below
   
9. if an amount of money is required to be paid, the amount before deducting any rebate on early settlement
   
10. statements saying:
    

if you have difficulty in paying any sum owing under the agreement or taking any other action required by this notice, you can apply to the court which may make an order allowing you more time

 

if you are not sure what to do, you should get help as soon as possible. For example you should contact a solicitor, your local trading standards department or your nearest citizens' advice bureau

 

]a statement saying the notice is a default notice served under section 87(1) of the 1974 Act[/i] YES, included on letter posted above

a description of the agreement ?mentions credit card , is that the description?

the name and address of both the debtor and the creditor yes

details of the breach (i.e. late payment) failure to pay minumum monthly? and, if the breach can be remedied, the date by which it must be remedied is that the date on the top of the letter? or, if the breach is not capable of remedy, the amount required to be paid after the expiry of the specified date cannot see this??

a statement saying: if the action required by this notice is taken before the date shown no further enforcement action will be taken in respect of that breach dont see the no after date shown on this copy?

]a statement saying: if you do not take the action required by this notice before the date shown then the further action set out below may be taken against you yes

]a clear and unambiguous statement saying that if the action is not taken by the date specified, what it will do (for example, if will it terminate the agreement and recovery possession of the motor vehicle ?

]if the agreement is one of hire purchase or conditional sale, a statement saying: but if you have paid at least one third of the total amount payable under the agreement set out below (or any installation charge plus one third of the rest of the amount payable). The creditor may not take back the goods against your wishes unless he gets a court order. (In Scotland, he may need to get a court order at any time.) If he does take them back without your consent or a court order, you have the right to get back all of the money you have paid under the agreement set out below ?

]if an amount of money is required to be paid, the amount before deducting any rebate on early dont see anything?

statements saying:[/i]

if you have difficulty in paying any sum owing under the agreement or taking any other action required by this notice, you can apply to the court which may make an order allowing you more time

if you are not sure what to do, you should get help as soon as possible. For example you should contact a solicitor, your local trading standards department or your nearest citizens' advice bureau

yes.

have i checked above correctly, tingy , thanks for you post, appreciated?

 

 

 

 

 

 

 

 

 

 

 

 

[Bazooka Boo]

The DN is faulty/unenforceable call it what you like, but as they are allowed to rectify these now, DO NOT make them aware that it is faulty.

 

The unenforceable paper argument is now hard to prove thanks to Rankine and the like, but it isn't a lost cause. Have they sold this alleged debt?

[bezzy0_0]

The DN is faulty/unenforceable call it what you like, but as they are allowed to rectify these now, DO NOT make them aware that it is faulty.

 

The unenforceable paper argument is now hard to prove thanks to Rankine and the like, but it isn't a lost cause. Have they sold this alleged debt?

 

The DN is faulty/unenforceable call it what you like, but as they are allowed to rectify these now, DO NOT make them aware that it is faulty.ok

 

The unenforceable paper argument is now hard to prove thanks to Rankine and the like, but it isn't a lost cause. Have they sold this alleged debt? sold to lowell begin of 2011, lowell's had not sent me an hello letter or noa,although they sent me a copy of noa a few months later of what they alledgly sent , no proof provided though. i have acknowledge no debt to them , dont ring them and informed them in writing recorded delivery in dispute with cap 1 for what use it does me.

nor did cap one send me a goodbye .

 

 

 

[bezzy0_0]

hello everyone , back again, would like someone to start me off with pre filled sheet excel sheet for compound interest at purchase apr rate of 18.820% for credit card charges reclaim back

 

(ims21)

 

the below details inserted , cannot work these calculaters , i tried and tried , but maths and this software is just NOT understood enough to get it to work for me , i will of course fill in everything else , thanks in advance ,

 

04/01/2001

 

LATE PAYMENT

 

18.00

 

04/09/2001

 

LATE PAYMENT

 

18.00

 

04/06/2002

 

LATE PAYMENT

 

18.00

 

04/10/2002

 

LATE PAYMENT

 

18.00

 

05/05/2003

 

LATE PAYMENT

 

20.00

 

04/08/2003

 

LATE PAYMENT

 

20.00

 

21/10/2003

 

OVERLIMIT FEE

 

20.00

 

03/04/2004

 

LATE PAYMENT

 

20.00

 

04/05/2004

 

LATE PAYMENT

 

20.00

 

10/07/2004

 

OVERLIMIT FEE

 

20.00

 

04/10/2004

 

LATE PAYMENT

 

20.00

 

04/07/2005

 

LATE PAYMENT

 

20.00

 

03/09/2005

 

OVERLIMIT FEE

 

20.00

 

03/09/2005

 

LATE PAYMENT

 

20.00

 

13/10/2005

 

OVERLIMIT FEE

 

20.00

 

06/03/2006

 

LATE PAYMENT

 

20.00

 

04/10/2006

 

LATE PAYMENT

 

12.00

 

04/12/2006

 

LATE PAYMENT

 

12.00

 

01/04/2007

 

RETURN CHEQ FEE

 

12.00

 

04/04/2007

 

LATE PAYMENT

 

12.00

 

04/07/2007

 

LATE PAYMENT

 

12.00

 

03/06/2008

 

LATE PAYMENT

 

12.00

 

03/08/2008

 

LATE PAYMENT

 

12.00

 

03/09/2008

 

LATE PAYMENT

 

12.00

 

05/10/2008

 

LATE PAYMENT

 

12.00

 

03/11/2008

 

LATE PAYMENT

 

12.00

 

05/12/2008

 

LATE PAYMENT

 

12.00

 

thanks

 

 

 

 

 

 

　

 

[ims21]

Hi bezzy

 

I'll have a look and post somethig up for you early afternoon when I get back from work

 

ims

[bezzy0_0]

thanks ims 21 , totally appreciated has usual ,

[dx100uk]

you should be charging him commission:madgrin:

 

dx

[ims21]

you should be charging him commission:madgrin:

 

dx

 

Yeah

 

How does 75% of claim sound?

 

(Just kidding Site Team!!!)

 

[ims21]

Hi bezzy.

 

Here's a spreadsheet that I've started off for you. It automatically calculates your compound interest and stat interest. You won't need the stat interest unless you go to court.

 

I've filled in the first three items for you. All you need to do is carry on the list and you only need to enter details in columns A (the date), B (the description) and C (the amount). The rest is done for you.

 

I've left you to fill in the remainder because I feel that if you need to issue proceedings (and knowing Cap 1 you will probably have to) you need to fully understand your claim and the calcs just in case you have to end up explaining it to the Judge.

 

bezzyCap1.xls

 

Shout if you have any Qs

 

ims

[bezzy0_0]

Hi bezzy.

 

Here's a spreadsheet that I've started off for you. It automatically calculates your compound interest and stat interest. You won't need the stat interest unless you go to court.

 

I've filled in the first three items for you. All you need to do is carry on the list and you only need to enter details in columns A (the date), B (the description) and C (the amount). The rest is done for you.

 

I've left you to fill in the remainder because I feel that if you need to issue proceedings (and knowing Cap 1 you will probably have to) you need to fully understand your claim and the calcs just in case you have to end up explaining it to the Judge.

 

[ATTACH]28027[/ATTACH]

 

Shout if you have any Qs

 

ims

 

THANKS IMS21, appreciated, , how do i fit the long account number in the box to show on sheet, typed it in the correct box , but some of of disapears when i move on to next box?i like the banter and humour of site team above:wink:

[ims21]

Hi

 

Just resize the column of the spreadsheet. On the grey column header, place your cursor on the "join" between your column and the next. Your cursor shape will change. Hold down the left mouse button and drag the column to make it wider

 

ims

[bezzy0_0]

thanks

[bezzy0_0]

 

i would like everyone's expert help on this persistant matter i have with cap one , short story, the above application is what they sent me has my orignial agreement from prior cca request can someone tell me if the white box area at the top left just above offer closes nov 1999, is the sixteen digit account number would this have been the account number if approved?

 

is this, the account number i should be looking into?

 

iIF SO, dont have any statements or letters refering to this 16 digit number anywhere thorugh out my time with cap one other than the number clearly shown on alledgly original agreement they sent me .

 

i have also made a request for x2 other account numbers with cap 1 around simular time

they have replied, by saying that they aready provided with the documents required under s78 in march 2011, also stating that was there final response in s78 matters, does this mean i CANNOT DO ANY MORE CCA REQUESTS ON ACCOUNTS I HAVE QUERYING THEN???

 

also stating in feb 08 we transfered your account to a new account has you reported your lost card

funny , i cannot see this intervention anywhere on SAR at moment that i requested recently

,

in o8 , i dont think so, i have had no card number account number change in 08.could this be type error?

 

the account number you have provided is your old account number which is no longer valid

you will find your new agreement number above

i had sent cca request for this old account number inc fee , i am feeling this might be my original agreemnt, which they are not giving it to me , can they deny my request, have some statements showing it was around my original agreement time?they are sending fee back , should i write back asking under what rules are they denying my cca request for provided account numbers, aslo send sar incomplete letter asking for all intervention and records.

 

i dont know if its me or am i missing something here?

[citizenB]

You could ask them for a record/proof that there was a report of a stolen card. Point out there appears to be be no reference to this in the Subject Access Request.

[cerberusalert]

It would be easier to send a SAR, then they have to send you all the information they hold on you as a person which would include all a/cs and copies of statements etc.

[bezzy0_0]

It would be easier to send a SAR, then they have to send you all the information they hold on you as a person which would include all a/cs and copies of statements etc.

 

i have already had a recent sar this year, do i send the incomplete sar letter template to request ALL info to be sent highlighted the lost card etc and prior account numbers misssing data ? thanks

[ims21]

i have already had a recent sar this year, do i send the incomplete sar letter template to request ALL info to be sent highlighted the lost card etc and prior account numbers misssing data ? thanks

 

Yes

 

Tell them that you know that there is information missing from the SAR and that they are in breach of the Data Protection Act. Give them 14 days to supply the FULL information requested or else you will reporting them and their Data Controller to the relevant authorities and may take legal action to force them to comply and ask the court for damages at the court's discretion.

 

ims

[bezzy0_0]

Yes

 

Tell them that you know that there is information missing from the SAR and that they are in breach of the Data Protection Act. Give them 14 days to supply the FULL information requested or else you will reporting them and their Data Controller to the relevant authorities and may take legal action to force them to comply and ask the court for damages at the court's discretion.

 

ims

 

thanks for that , will do ,

[the_shadow]

ims

 

Please read the article about privacy in my signature, specifically regarding office documents.

 

S.

[dx100uk]

thats why its always best to PDF anything you send here.

 

dx

[the_shadow]

thats why its always best to PDF anything you send here.

 

dx

 

PDF's also hold Meta-data DX.

 

S.

[ims21]

Please read the article about privacy in my signature, specifically regarding office documents.

 

S.

 

Noted

 

thx

[bezzy0_0]

hello, just started to receive a new player on the scene for cap one credit card debt in dispute over no orignal cca forthcoming, been alledgely sold to lowells , never received any noa or anything which i never acknowledged any debt lowells, and lowells never received any payments either , had plenty of chasing off lowells for around 3 mths or so and seems now they passed on to freds , stop paying cap one (oc) approx april 2011, anyway not had the pleasure of these has of yet , from what i have read they are going to be around a while , may be shouting up for prio 1 , who from my reading seems to know how to deal with freds ,recived the below , thought it was funny though , that they were kind enough to remind me where i live , has they had previously sent a letter to this address , they are so dam good:lol: am i correct in thinking that i will recieve the famous yellow letter stating my address is confirmed , then i will really know that i do indeed live here.

also that they could not include any pesonal dat in this letter because of the act , yet, funnily slipped up on 1st letter with all details included , bit late for that me thinks:lol:

 

they have very busy trying to call with there imidation effects , intecepted and rejected by yours truly truecall.

 

my question is is there a pattern what i should expect to be going through , from anyone's dealing with them so far? freds have been sent a sign for letter which crossed the below which has been signed for ,i will await confimation under cputr 2008 from freds.