Cap1 & CCA return

[Guest The Terminator]

Tam: Well done mate I'll get that can out of the fridge and drink to yer.I would have congratulated you earlier but I've just repaired the computer and oh **** its crashed again

[TideTurner]

Ladybird, I've no intention of making an honest lady of her as yet. Who the hell wants to look at a little blue fish with razor sharp teeth every time you wake up?

[ladybird17]

I'm not even going to be tempted to be pulled into that one Tide!!!

[tamadus]

aw...Tam - what a sweetie you are - but don't let that Cornypoker....or whatever she calls herself - come along and try & convince you that I am anything but a sweet, bushy tailed, bright eyed young innocent.

 

And TideTurner - I know not why...that is for you to divulge to us.

 

 

What all that and a scotch drinking cook?

 

Methinks somebody has been sniffing the bottle too much

[tamadus]

Ladybird, I've no intention of making an honest lady of her as yet. Who the hell wants to look at a little blue fish with razor sharp teeth every time you wake up?

 

I'd be more worried about how wet and smelly the fish is first thing in the morning:o

[zubo]

I'd be more worried about how wet and smelly the fish is first thing in the morning:o

 

this is all a bit fishy to me....

 

 

Z

[JonCris]

My advice is that if you receive nothing DON'T write back telling them.

 

Just ignore their empty envelope & write asking why the delay in providing the papers are you have requested. Also remind them that they only have ex number of days left to comply with the CCA or DPA

 

If you acknowledge receiving their empty envelope they might try & claim you DID receive the docs but are now lying about it thereby making you out to be the villain

[joneshousehold]

I don't agree JonCris. If they have a letter that says 'please find enclosed....' and they present it in court, unless you have written to say there was nothing attached straight away the courts would say the document must have been attached because that is what any reasonable person would have done

[zubo]

Guys, need your views on

 

http://www.consumeractiongroup.co.uk/forum/general-debt/74733-credit-agreement-application-9.html#post676852

 

post #163

 

ta

 

Z

[TideTurner]

Tam,

 

Well done. Wet yes, smelly no. Fish aren't smelly 'til they've been in the shop for two days, and I ain't goin' in no shop (none that serve chips anyway).

 

We're going off subject so will see you all in the big pool.

 

Again, well done Tam.

 

Tide

[zubo]

I don't agree JonCris. If they have a letter that says 'please find enclosed....' and they present it in court, unless you have written to say there was nothing attached straight away the courts would say the document must have been attached because that is what any reasonable person would have done

 

Write pointing out it was not sent and they are now in default and will be reported for fraud.

 

Z

[Cornucopia]

awww birdie I believe you plus with 4 blackbelts to my name you dont need another bodyguard:grin:

 

GET A ROOM!!

[JonCris]

Jones I don't agree & your missing the point.

 

If they don't send the agreement when asked then they ain't going to produce it later. Also if you write again asking for the docs, even without reference to their empty letter, you have advised them that you haven't received it. Different tactic same outcome.

 

Particularly it is happening a lot so as it appears very possible they may have sent the empty letter simply to delay matters & you making no reference to it will cause them to worry that their trick ain't working

 

Of course if they are out of time report them

[Cornucopia]

A question on this DPA breaches point. If a company breached the DPA by giving information to someone they shouldn't by..say..sending a copy of the application/agreement to the card holder's wife who is only an additional card holder, are they required to reveal their mistake? Just asking you understand

 

I have my serious poster hat on now...

 

Can I assume that being sent a copy of my husband's application form that has his FORMER wife's personal details on it, including her job description, salary and bank account details, constitutes a serious breach?

 

Am I overreacting?

[Cornucopia]

What all that and a scotch drinking cook?

 

Methinks somebody has been sniffing the bottle too much

 

Rumbled.............

 

Sorry I will go away now, this is unacceptable behaviour.

[JonCris]

Corn

 

No on the face of it it's a major breach of the act.

 

Problem is your not the person who's data has been disclosed & the only person who can complain is your husbands ex

[bill-k]

Write pointing out it was not sent and they are now in default and will be reported for fraud.

 

Z

Thanks for all your suggestions on this, guys. I will give it further thought. To avoid winding Term up, may I just say - "I shall return." 8-)

[Cornucopia]

Corn

 

No on the face of it it's a major breach of the act.

 

Problem is your not the person who's data has been disclosed & the only person who can complain is your husbands ex

 

Right, I would rather not stir up that nest of hornets!

 

Surely though, it is worth mentioning in my complaints?

 

MBNA are frighteningly stupid. When I complained that a. the application form was not a true copy of the executed agreement and b. pointed out the breach in terms of the former wife, what did they do? They sent me another copy!

[JonCris]

Corn as we have seen the people the money lenders employ ain't the sharpest tools in the box.

 

Nor do they appear to understand that they may be involved in matters which later turn out to be criminal.

[TideTurner]

Thanks for all your suggestions on this, guys. I will give it further thought. To avoid winding Term up, may I just say - "I shall return." 8-)

 

Bill-k, try the Theft Act 1968, definition of fraud.

 

I don't think it applies here but may be useful in the future.

 

Tide

[Cornucopia]

Corn as we have seen the people the money lenders employ ain't the sharpest tools in the box.

 

Nor do they appear to understand that they may be involved in matters which later turn out to be criminal.

 

A valid point JonCris and one that I have saved to my folder of "to be referred to at a later date" quotes!

[Fullyskinted]

Has anyone got the template letters to send to the 'Authorities' as I need them and cant find them - maybe I just need to sleep LOL

[Guest Battleaxe]

http://www.consumeractiongroup.co.uk/forum/capital-one/77384-capital-one-mass-complaint.html#post677542

[m55dlc]

I've just been looking at the Fraud Act 2006, and it appears that MBNA have committed Fraud by not complying with s63.4 and s85 which recinds the contract and 'a failure to make such disclosure will entitle the beneficiary to rescind the contract and to reclaim any property transferred under it'.

 

We need to start a Fraud Act 2006 (Inc Theft Act 68,7? 8?) and get these guys on this tact also.

[m55dlc]

Section 3: Fraud by failing to disclose information

 

Section 3 makes it an offence to commit fraud by failing to disclose information to another person where there is a legal duty to disclose the information. A legal duty to disclose information may include duties under oral contracts as well as written contracts. The concept of "legal duty" is explained in the Law Commission's Report on Fraud, which said at paragraphs 7.28 and 7.29:

"7.28 ..Such a duty may derive from statute (such as the provisions governing company prospectuses), from the fact that the transaction in question is one of the utmost good faith (such as a contract of insurance), from the express or implied terms of a contract, from the custom of a particular trade or market, or from the existence of a fiduciary relationship between the parties (such as that of agent and principal). 7.29 For this purpose there is a legal duty to disclose information not only if the defendant's failure to disclose it gives the victim a cause of action for damages, but also if the law gives the victim a right to set aside any change in his or her legal position to which he or she may consent as a result of the non-disclosure. For example, a person in a fiduciary position has a duty to disclose material information when entering into a contract with his or her beneficiary, in the sense that a failure to make such disclosure will entitle the beneficiary to rescind the contract and to reclaim any property transferred under it."