Cap1 & CCA return

[elizabeth1]

Thank you Smoothy for pointing me to this thread!!!

 

I shall go start at page 1 and read through!!

[elizabeth1]

I think it boild down to these institutions thinking they are invincible - I bet they never ever predicted what is happenign now because of this site would ever ever happen!

 

 

I couldn't agree more with you un1boy - you see historically the British Consumers have ahd to pretty mu "put up and shut up!!" with the Banking Industry and related businesses etc.. and the Banks have literally had it all their own way!! We had to take the ill treatment from them??

 

These Companies could never have predicted such a turn in tides? Let alone the fact that people were ever going to know to ask for such proof of Debts etc.. - they got too confident and sloppy!!!

[elizabeth1]

I know what you mean with that comment - I am sure there are many here who can echo such a comment - my self included - but with that said we now have the Fun of turning things around now??

 

Won't it be lovely in a few months time when we have worked through this stuff and "worked it all out" - I am sure the end results will be great for many of us?

 

At the moment I am just clearing away bit's that I couldn't have dealt with back then for one reason or another (crappy PPI's etc..) BUT hey I shall be laughing once I have worked through it all. I am sure there are many like us!!

 

Brilliant that we have this place to meet up and chat this stuff through isn't it? The success stories are enough to inspire us along!!

[elizabeth1]

Phew!!! Well this stuff took some reading - but I got here in the end!!

 

One thing that does baffle me is - if many of the CCA's don't appear to be with the banks/credit card companies through various reasons like I am reading here (some banks destroy docs, some never execute proper agreements etc..) THEN how is it that the DCA's plan to get their money other than the usual scare tactics??

 

Surely if the CCA's exist then the Banks & CC Companies would be enforcing the debts themselves or forwarding the CCA's & account history along with the debts?

 

I am totally baffled as to how the DCA's are taking court action on debts where there are no proper CCA & SAR materials - how do the DCA's plan this will work?? BUT more to the point how do they expect the claims to go ahead without supplying the required data to support their claims??

 

In my own case I need to concentrate on slamming back a separate claim for their lack of compliance with the data requested?

 

How Would I fill out the particulars of claim?? it's not money being claimed - rather the lack of account information as requested.

 

I think I read enough to make my head spin on this thread tonite - so am going to have a think now as to the best way to do this stuff.

[elizabeth1]

Un1boy,

 

Yes I reckon you re right cause most people would usually adit a debt and fill in the income expendiutre form that comes with claim and then offer to pay xxx pounds a week etc.. so no questions are ever asked regarding the CCA's etc.. (Mmmm!! clever stuff??) so there is never a need for any person appear in court in respect of defendant cause they fully admitted the claimants claims in full and have offered to settle debt straight away!!

 

So the DCA's are basically "winging" it cause they've taken advantage of "joe public" not knowing their rights etc.. over the CCA stuff etc..

 

This is what I was thinking - just wanted to get it clear in my head cause it seems so "simple" I thought I'd missed the whole point. Thanks for your help - it's so simple it seems untrue? I had to triple check that cause I thought I'd mis understood something. I came to these thoughts last November and thought I'd been going MAD for the answer to be so simple - but this has confirmed everything I initially thought.

[elizabeth1]

UN1BOY - thanks for that - seems these DCA's really do rely on anyone normally not defending their court claims?

 

I am watching one bunch do this and they seem to "cherry pick" who they pick on as "homeowners" who will usually do a quick loan to pay their debts off as they don't want a CCJ against them (but they've built up a little collateral in house cause houses went up in valiue etc..)

 

The sight ot the court claim is enough to scare most into paying something off ?? Mmmm!!! horrible isn't it?

 

I realised the answers were simple - but sometimes the answers seems so simple they have to be wrong?? ha ha

 

the DCA's really are a rotten shower of people aren't they?

[elizabeth1]

Good Luck!!!!

[elizabeth1]

This sure sounds interesting!!! Can't wait to hear what this is about - hope it all goes in your favour - sure is about time these companies took their customers more seriously isn't it?

[elizabeth1]

Capital One Bank (europe) PLC

Legal Dept

4th Floor

Loxley House

Station Street

Nottingham

NG2 3HX

[elizabeth1]

Goodluck - this was the address I used and it's where their legal team seem to hide out!!

[elizabeth1]

Battleaxe - have a look for a thread with Melaniebree - I am sure she recently did a claim with something like this (sorry if I am mistaken - I read so much on here) I am sure Melanie used something different than an N1 to do this stuff with as she wanted a default removing too I am sure. - she may have had the CCA/SAR stuff in with it - which was why she did it the other way - she was "happily" settled out of court I am sure.

 

Like you say it soon adds up?? Sure would start some tickers going wouldn't it? Blimey they'd soon need something in their coffee!!

[elizabeth1]

un1boy,

Usually there is a figure shown in the statements showing interest they charged you.

[elizabeth1]

:D ha ha laughing loads!!

 

I shall have to sit and plot my revenge too - what do they get for an SAR requested back in August 2006 - followed by CCA request not nearly met??

 

Me reckons choking on coffee - will be an under statement?? I need to plot this one!!

[elizabeth1]

Battleaxe - sounds like you are having fun!!!

 

I am going to plot over the weekend the best way to get cap1 for not doing my CCA etc.. like you I haven't had so much fun in ages!!

[elizabeth1]

Dollies - I am gonna have a long think and come back to this one!! I have read so much and brain is frazzled too!!

 

But trust me when I tell you - in a couple of days when my little "cells" have had a rest - I shall be back with a vengance!! Yes I shall chat to you certainly!!

 

I filled a pile of stuff on my AQ form and returned it to court beginning of week with a bombshell of a letter to Mr Udy Cap1 (which I also copied to court) - Now I am wondering what Mr Udy is gonna do as they sure are gonna need some answers to give court judge if they persist in P'ing me off?? I shall just sit and let clock tick by - cause Cap1 sure are gonna need some hefty answers to push me any further!!

 

It's funny really cause my letter was amusing (boulder through a window type of thing hubby laughed) I imagine Mr Udy gonna need a few G&T's this week to calm his nerves with Battleaxe also chucking flack that way?

 

I reckon this Mr Udy needs to send people some "nice letters" pretty soon!!

 

So glad I don't work in Banking!! ha ha ha I reckon the way things are going loads of people are gonna change jobs??

[elizabeth1]

I'm having a good old laugh myself as I got a letter from lloyds yesterday threatening a default so I wrote back saying it might be wise to consult your lawyers as your in serious default on my sec 78 request

 

Same sort of letter went to Barclaycard last week and no reply yet so I think they are probably doing some spluttering as well and I havent even mentioned sec 85 to them yet

 

Battleaxe want to run the spreadsheet opn my claim with Barclaycard? it goes back to the 70's:rolleyes:

 

 

YEP!!! I reckon "Spluttering" in Cap1 offices too!! I reckon the "bombshells" they've had this week are enough to make many of those Cap1 people gulp and splutter!!

[elizabeth1]

Acerfan - default dates usually show on your experian reports

[elizabeth1]

Tamadus Oooops!!!

 

- OK it's past my bed time

 

There are sometimes when a girl just needs her sleep!!!

 

Acer - sorry don't listen to me I am having one of my "moments" !!!

[elizabeth1]

I quite agree with what you guys are saying here about the limitations act ought to start from when the customer gets the knowledge to do something about what has been done etc..

Like we all know now - nobody knew or would have guessed of the "wrong doing" that had gone on until recently - and it's sure been going on longer than 6 years!!

 

It's a pity some ruling hasn't been done where these companies are simply told to be more honest and just give it back to people concerned etc.. - like we know a lot will miss out simply because they don't know any wrong had been done? I reckon the pity of that is - it's usually those who can least afford it who get hit by this stuff?

[elizabeth1]

Right then folks. I am wallowing in CCA sections right up to my neck. I get the impression that there is more going on behind the scenes that is stated on the forum. However I think I am interested in

 

S59 - (not 100% sure about this one but wonder if it covers application forms not being a binding agreement)

 

S61

 

S63

 

S85

 

If I am on the right track I am appalled at just how much of a pickle the credit industry has got itself into!

 

Hiya Jones - I spotted this stuff back in November and have read and read this stuff and YES - it's appalling. I had read this stuff and kind of "knew" I had the answers and kept thinking "Nah!! this can't be this simple" I PM'd some others as I really doubted what I was seeing - like you say it's appaling for these companies to be in this mess!!!

[elizabeth1]

I had the same feelings when I realised the implications in sec 85 Lizzy. It just seems to keep running through your head. NO WAY have I got this right and How can they be so stupid and blase.

 

Sad to say I now firmly believe we have got it right and they are in for some big shocks

 

Tamadus - it was funny when this stuff started sinking into my head - I really thought I'd lost the plot - I PM'd Rhia about some stuff and I mentioned it in passing and the more I thought about it - the more I thought I was having a "moment" ha ha - then my PC threw a wobbly and I was offline for a couple of weeks and then others had got the same trail of thoughts when I got back online!!

 

So glad you guys were looking too!! Cause it's sure nice to know I wasn't losing the plot :grin: certainly looks like big storms brewing in some companies when this stuff hits the fans?

[elizabeth1]

We have been looking at this for almost 6 months, and the application form saga

 

I cant say how many times I have read the CCA and every time I find something new in it, The amount of Statutory instruments is crazy but almost everyone of them makes sense and they all slot into the bigger picture.

 

If the banks etc follow the CCA then there are no problems. But this was specifically devised to reduce or eliminate the back street loan sharks and drive them out of business. If the high street financial institutions do not follow it then they face the same treatemtn.

 

I recall in the 70's it was hailed as a flagship of consumer legislation. I am now old enough and wise enough to realise thats exactly what it is.

 

Tamadus - I quite agree - this legislation was there to be followed and therefore could have eliminated the problems we are all seeing now - it's because companies didn't follow this stuff that they now have this trouble brewing - it's like they are sat on a potential "timebomb" !!!!

[elizabeth1]

What comes around goes around

 

 

I am a great believer in Karma - every dog has his day - so they say?

[elizabeth1]

Be interesting to know which one blundered there!!!

[elizabeth1]

Hi elizabeth1,

 

Is it my eye sight (get it?) or is your avatar looking blurry?

 

 

Awww!!! I am all blurry aren't I?? will try find something new - it's cause these companies keep throwing darts at me isn't it?? Now I am fading away?

 

they wish huh??