Cap1 & CCA return

[alisindebt]

I worked on cruise ships for some years and always had to attend the Captain's cocktail parties.

 

Most guests were retired, both UK and USA and I always enjoyed meeting the old bank managers.

 

I can honestly say that they were all appalled at what has happened.

[vint1954]

I worked on cruise ships for some years and always had to attend the Captain's cocktail parties.

 

Most guests were retired, both UK and USA and I always enjoyed meeting the old bank managers.

 

I can honestly say that they were all appalled at what has happened.

Ah, Happy days on the Canberra. Sadly cannot afford cruises now.

 

It is a different world now sad to say, but one we have to live in.

[davefirewalker]

Yes, we all used to think that the banks were honorable institutions and to be fair, I think they were. Business was done on a handshake over lunch, and the Bank Managers honored it.

 

The banks are a different breed now. The lunatics have taken over the assylum.

 

Just think, debt goes from Abbey National to Abbey, to MBNA and on to goodness knows how many daebt purchasers.

 

I beleive it used to be called, taking in each others washing. The merry go round will eventually have to stop, then wait for the bang. They cannot keep parcelling up debt and loans, selling on and on, and hope that it all comes out in the wash. The credit crunch is finally bringing their game to an end.

 

I remember a poor joke told by a Jewish friend of mine, about a pallet of tinned tomatoes.......he thought it was funny

 

The store keeper was in hospital and his cousin was looking after the shop for a short while. When he came out of hospital he noticed that the pallet of tomatoes was missing. " how did you manage to get rid of those" he asked.

" I opened one of them and they were bad so I threw them all out" ..........looking aghast the storekeeper said " they were for selling, not for eating"

 

reminds me of the "toxic" debts everyone was trading....as long as you didn't investigate too deeply, they were ok.....?????

 

Dave

[enoughisenough]

Hi

 

was going to post a 2 page letter from cap one swearing that they really really have sent me an original (first generation blah blah blah of my CCA) this time round.

 

In short I was going to photobucket the lot and even scanned and edited them for obvious reasons when lo and behold.... I finally noticed they'd sent me the application form. IDIOTS. Three weeks after their date on their letter as well. Desperate or what? What a bunch of jokers.

 

If you are trawling Capital One, my offer is still open: refund all the garbage charges + interest at the rate you have historically charged me against the claimed outstanding balance, and then refund me the balance.

 

If this is the best they can do....ho hum.

[vint1954]

I remember a poor joke told by a Jewish friend of mine, about a pallet of tinned tomatoes.......he thought it was funny

 

The store keeper was in hospital and his cousin was looking after the shop for a short while. When he came out of hospital he noticed that the pallet of tomatoes was missing. " how did you manage to get rid of those" he asked.

" I opened one of them and they were bad so I threw them all out" ..........looking aghast the storekeeper said " they were for selling, not for eating"

 

reminds me of the "toxic" debts everyone was trading....as long as you didn't investigate too deeply, they were ok.....?????

 

Dave

Very apt.

[Liz Southern]

Ah, Happy days on the Canberra. Sadly cannot afford cruises now.

 

It is a different world now sad to say, but one we have to live in.

Hi Peeps

I had a friend who worked on the cruise ships. He worked up to being on the Canberra for her 3-month-long world cruise, after which he said he was bored, and said, "Now what can I do?" Shortly after that he was back on the Canberra, sailing for the Falklands with the troops. Note: the Canberra never went up anywhere near the mines, apparently. Its little sister ship whose name I can't remember - Poli something - went in first in case a mine hit it. He also said the troops never stopped eating Mars Bars. and any other sweets they could get their hands on.

Regards

Liz

[Cristal]

Hiya,

 

Not sure if this fits in with this thread.....but not sure where else to go! Have just rec'd a letter from Cabot confirming the original creditor (Goldfish) cannot provide the Agreement and that Cabot is treating the balance as 'unrecoverable'. THEN...'Please note that this decision is not be confused or interpreted as a write-off....as the debt legally remains......we shall continue to report to the CRAs accordingly'.

 

How can Cabot admit the debt is unrecoverable in one breath and then tell me it's within their rights to continue to register negative info on my CRA? Is there any way to contest this?

 

Apologies if I'm on the wrong thread!

 

CX

[MAGDA]

Hiya,

 

Not sure if this fits in with this thread.....but not sure where else to go! Have just rec'd a letter from Cabot confirming the original creditor (Goldfish) cannot provide the Agreement and that Cabot is treating the balance as 'unrecoverable'. THEN...'Please note that this decision is not be confused or interpreted as a write-off....as the debt legally remains......we shall continue to report to the CRAs accordingly'.

 

How can Cabot admit the debt is unrecoverable in one breath and then tell me it's within their rights to continue to register negative info on my CRA? Is there any way to contest this?

 

Apologies if I'm on the wrong thread!

 

CX

 

Hi, although a debt may be unenforceable, it doesn't mean that the creditor will not attempt to recover it, just that they will not be able to take you to court (although having said that, some still try!) The decision whether to continue to pay is yours, and you are perfectly entitled to stop making payments altogether if that's what you decide to do. I believe the only way to contest this is if you issue proceedings against Cabot to have the agreement declared officially unenforceable. However, personally I wouldn't go down that route and would be happy knowing that they can't enforce the debt:)

 

Magda

[Desperate Daniella]

Hi,

 

I'm not certain about this either. I've seen something on another thread which says that even if the debt is unenforceable because the agreement was wrongly worded the debt itself still remains. However, if they can't find an agreement to prove what we originally signed up for how can any such debt be calculated, or proved to have been calculated accurately?

 

DD

[r&b]

if it cant be enforced therefore, are the monies not a 'gift' and also any adverse data held or shared under the t&cs becomes unlawful as there are in effect no t&cs???

or for this do we have to secure a s142 declaration?

Edited September 15, 2009 by r&b

[alisindebt]

I have the same situation with Lowell's for an MBNA/Abbey card. No CCA record was kept. Technically, the debt still exists and is reported to the CRAs. However, it cannot be enforced by the county court, so they cannot get any money back from you. This is not to say that other DCAs may write to you from time to time.

 

The weakness here is in the system. I agree that an unenforceable debt should not be able to be recorded on the CRA reports, however, it is.

 

DCAs get upset when this happens as they can't get any money back. So just to be spiteful, they continue to give you sh*t as a punishment by refusing to amend CRA reports. That shows what lowlife people they really are. Personally, I have just left mine alone as I work abroad so it doesn't really bother me, but it will take several years t disappear from your CRA reports.

[MilkTrayMan]

It has been known for DJ's to enforce a previously 'unenforceable' alleged debt, despite NO true copy of a correctly prescribed original Credit Agreement being put before them.

IMHO...Let the Creditor start any legal recovery action of the alleged debt, as the onus would then be on them to prove the debt legally exists.

...Continued Default processing with a CRA and it's removal, is another matter entirely.

[Cristal]

Hi Everyone!

 

Thanks for the rapid responses. I think I'll lie low, but continue to look into this somewhat 'gray' area.

 

I am intrigued by Desperate Daniella's reasoning, i.e, without a copy of the agreement, how do I know their calculations are correct?

 

Am assuming the '6 years' of this debt on the CRA started ticking on the day of the Default?

 

Again, huge thanks for your input!

CX

[MilkTrayMan]

...Am assuming the '6 years' of this debt on the CRA started ticking on the day of the Default?

That is only if there is NO further acknowledgement of the alleged debt by the Debtor.

(...Assuming a properly prescribed Default Notice was actually served on the Debtor of course. )

e.g....Any payment credited to the account re-starts the 6yr SoL period in which the alleged debt can be legally recoverable through the courts.

[vint1954]

Hiya,

 

Not sure if this fits in with this thread.....but not sure where else to go! Have just rec'd a letter from Cabot confirming the original creditor (Goldfish) cannot provide the Agreement and that Cabot is treating the balance as 'unrecoverable'. THEN...'Please note that this decision is not be confused or interpreted as a write-off....as the debt legally remains......we shall continue to report to the CRAs accordingly'.

 

How can Cabot admit the debt is unrecoverable in one breath and then tell me it's within their rights to continue to register negative info on my CRA? Is there any way to contest this?

 

Apologies if I'm on the wrong thread!

 

CX

The debt will still exist, but they recognize that they cannot enforce it through the court.

 

Try writing back and requesting the proof of the debt and request the document signed by you, that allows reporting of your data to CRA's. They do need signed permission.

[Cristal]

The debt will still exist, but they recognize that they cannot enforce it through the court.

 

Try writing back and requesting the proof of the debt and request the document signed by you, that allows reporting of your data to CRA's. They do need signed permission.

 

Ha! Great idea! Will follow upon it and keep you updated. Huge thanks!! CX

 

 

Quote: That is only if there is NO further acknowledgement of the alleged debt by the Debtor.

(...Assuming a properly prescribed Default Notice was actually served on the Debtor of course. )

 

e.g....Any payment credited to the account re-starts the 6yr *SoL* period in which the alleged debt can be legally recoverable through the courts." QUOTE

 

Thanks for this valuable info......will look into all theses details - enormous thanks!! Cx

[Desperate Daniella]

I'm intrigued too!! I keep asking the card companies/DCAs how I can be sure that I haven't been overpaying for years if I can't see the original document and they can't answer of course.

 

Vint's idea about asking to see the document giving permission to report to the CRAs is brilliant.

[egg-sterminator]

I'm intrigued too!! I keep asking the card companies/DCAs how I can be sure that I haven't been overpaying for years if I can't see the original document and they can't answer of course.

 

Vint's idea about asking to see the document giving permission to report to the CRAs is brilliant.

surley even though the debt is still there but unenforcable means the account is continualy in dispute . Would that not mean under terms of CCA74 that no negative data can be issued with the Cra's and certainly if no doc exists with your signiture agreeing to this they are in breach of the D P act . Of course we know they will still do it perhaps the anwser is to flood the relative complaints bodies, target one at a time with masses of compaints said bodies would have to act .

[johnerog]

Hi All.

Advice to me from a similar post earlier in this thread, (i forget who, please forgive),

 

1. By communicating your details they have breached the Data Protection Act and you can claim damages for this from the CCC.

2.If the DCA continue to contact you they are in breach of the Administration of Justice act, damages again, and you should talk to your local Office of Fair Trading with regard to the Protection from Harrassment act. Fines and poss prison.

3.You can serve an injunction to prevent sharing of your data-(N266?)

regards john.

 

Can anybody tell me what form should be used for a declaration of rights of parties, Section 142.????

[vint1954]

Hi All.

Advice to me from a similar post earlier in this thread, (i forget who, please forgive),

 

1. By communicating your details they have breached the Data Protection Act and you can claim damages for this from the CCC.

2.If the DCA continue to contact you they are in breach of the Administration of Justice act, damages again, and you should talk to your local Office of Fair Trading with regard to the Protection from Harrassment act. Fines and poss prison.

3.You can serve an injunction to prevent sharing of your data-(N266?)

regards john.

 

Can anybody tell me what form should be used for a declaration of rights of parties, Section 142.????

All true, but they ignore it and carry on their own sweet way.

 

Only way to resolve this is to carry it through to the end. Court.

[car2403]

Can anybody tell me what form should be used for a declaration of rights of parties, Section 142.????

 

That will be an Application on N244 for an order declaring the parties to the agreements rights under s.142

[johnerog]

Thank you car. I have issued a couple of LBA's and will start new thread when ready.

[johnerog]

Vint. I agree whole-heartedly.

[Cristal]

Hi All.

Advice to me from a similar post earlier in this thread, (i forget who, please forgive),

 

1. By communicating your details they have breached the Data Protection Act and you can claim damages for this from the CCC.

2.If the DCA continue to contact you they are in breach of the Administration of Justice act, damages again, and you should talk to your local Office of Fair Trading with regard to the Protection from Harrassment act. Fines and poss prison.

3.You can serve an injunction to prevent sharing of your data-(N266?)

regards john.

 

Thanks so much for the clear thinking and the terminology. I intend to get my head around it and compose a killer letter. Don't think I have much to lose!!!

 

Thanks to all for your help.....CXXXX

[Enron]

Think thats your local trading standards, and not your local office of fair trading for enforcement of the administration of justice act etc.