Cap1 & CCA return

[pudsters14]

Hi, I want to request my credit agreements back, have had a look in the templates library and I apologise if I am asking something someone has most probably asked before, but is there a template letter for this? I want my letter to sound as professional as poss. Also I have to enclose a £1 fee is this right? I have reested two of them verbally but I can see that is going to be a complete waste of time. Have also sent SARs for most of these accounts too, am currently still waiting for them as well!

 

Thanx

[ncf355]

 

I'm going to tell them of my email plans....... lets see how they react to thousands upon thousands of people filing s78 requests and s85 defaults.... No going back on this one, no going back

 

 

I would advise strongly against stating that, could construed as blackmail?

 

[m55dlc]

Hmmm, blackmail vs whistle blowing....

 

They would have to prove I was gaining financially, otherwise it is covered by the 'whistleblowing' act. That's the tustle I've been mulling over. As I said, this isn't about money any more, this is about their whole modus operandi, which can be described as being both 'dubious' and 'lawful' (ahem!) at the same time

[Guest The Terminator]

Mine has now got personel and if I have to make a trip up to Chester to confront them then so be it.

 

Mbusa: Me and you outside!!

[TANZARELLI]

I still have yet to get my CCA from cap one and think its about time that I filed a claim as they have now defaulted. Without having to re-read all of this thread can someone please let me have access to wording for the POC. Also is there anything that I need to do first before doing this. I have to admit that I have been flicking in and out of this thread but not been giving it my full attention and for that I apologise.

 

Any help here would be useful.

 

Tanz

[TANZARELLI]

Asked this a fair few times now, anyone got 2 second to resond

[SteveH2508]

jUSt A QUICKIE views please ''''''

 

 

when we complain to trading standards about our treatment can we complain to the branch say where barclays are based eg northampton then if we all focus on then (their work load ..... expansion of the unit etc to mirror image the county court at northampton etc ) the trading standards will get wise a lot quicker ---

 

views appreciated quickly on this one?e

 

Trading Standards used to operate something called the Home Authority Principle where complaints were taken at your local authority and would be referred to the Home Authority i.e. Northampton if there was an issue of possible national interest. There may well be an officer at Northampton who is designated as the contact officer for Barclaycard.

Any criminal offence (which is what TS mainly deal with), would usually take place at the address of the debtor so they would be responsible for enforcement i.e. prosecution/Letter of Warning etc.. The Home Authority would collate this information countrywide and would be kept in the loop. If there was a potential issue with fitness to hold a CC Licence the Home Authority would normally be the one to get in touch with OFT to instigate the licencing aspect.

 

This is how it used to work when I was in TS (about 15 years ago mind you!)

[meagain]

Hmmm, blackmail vs whistle blowing....

 

They would have to prove I was gaining financially, otherwise it is covered by the 'whistleblowing' act.

 

You could potentially be "gaining a pecuniary advantage". You would potentially do damage to their business. Truth is no defence to defamation in this country.

[Guest Battleaxe]

I would advise strongly against stating that, could construed as blackmail?

 

 

 

Doubt that. No threat of cough up or I will cause you heartache.

[Peterbard]

So to confirm, Scotcall do need to comply with my CCA request, but if passed back to the original bank they don't?:?

Hi the thing is that although your bank overdraft is covered by the cca it has no individual agreement and the bank agreement is regulated by the FSA.

 

I am in a similar positon myself with an overdraft at Barclays.

I wrote to the OFT with the proposition that because the overdraft was part of the bank agreement it was part of a multi agreement and they were therefore compelled to comply with the section 78 requestby issuing a copy of the orrignal doc.They said that this may be the case and suggested i sent a request i am awaiting a reponse the 12 days will be up this week.

 

You are however entitled to ask for other information on your overdraft that is covered in the cca.

 

Peter

[Guest Battleaxe]

OH boy Crap One cannot read. As you know we served individual Section 85 default notices on them. This morning our computerised Mr Robert Udy replies thanking Kent for writing about the default charges on his account and that it is going to take them some time to look into this.

 

MIB at Capital One, you are in default, you cannot do anything until you consolidate. What is so hard for you to understand?

 

Words are Breach, default, CONSOLIDATE, Judge Blomfiled is waiting for you to explain why you haven't done this. Perhaps four months as a guest of Her Majesty and £2500 fine might be an incentive for you to comply?

[Peterbard]

I hate to say this Peter but I have twice completed house purchases and mortgages with no face to face contact. All done totally by mail and telephone.

 

Wondering now if I should drag those mortgages out and get them declared unenforceable

 

Hi No i got a little off track the orriginal question was how does section 58 and 59 apply to distance contracts to which my reply was and is they don't.

 

Section 58 depends on a face to face contact the distance regulations that take place of the information regs also have different cancellation rights unilateral 14days i think .The main cruthch of the argument was whether a normal contract under the cca using the 1983 regs could be used in a distance marketing sale it can not. IMO

 

Peter

[m55dlc]

You could potentially be "gaining a pecuniary advantage". You would potentially do damage to their business. Truth is no defence to defamation in this country.

 

But what about the Public Interest Disclosure Act 1998?

[meagain]

Are you an employee of that particular credit card company?

[m55dlc]

Yeah, I know, how crap is that? Why can't I whistle blow without being an employee? Bummer isn't it. Ho Hum, I'll have to bounce them off a file server in Bolivia then!

[meagain]

"Whistleblower" specifically refers to insiders. Key problem is that you stand to an advantage. Threatening court action is fine, but threatening to send defematory information (regardless of how true) via high-profile and high-volume outlets would amount to menaces. If they don't roll over, you can always do it anyway. You have to warn them before you take legal action so they know what they can do to avoid it, but you're under no obligation to tell them who you're talking to. With blackmail, it is the threat that makes it criminal.

[angry cat]

Hi Guys-

The following is my letter to MBUSA...I welcome your views:)

 

 

"Mr. Gavin Theobald

Customer Advocates Office Manager

Insurance Services Department

MBNA Europe Bank Limited

Chester Business Park

Chester

CH4 9YR

 

Dear Mr. Theobald,

 

REQUEST UNDER THE CONSUMER CREDIT ACT 1974

 

Thank you for your response to my letter dated 13 December 2006. Unfortunately this does not fulfill your obligations under the above request for a number of reasons. I therefore I must inform you that MBNA are still to comply with my original request, as specified under section 78 of the Consumer Credit Act 1974.

 

There are a number of issues with the document you have provided to me, primarily (but not limited to) the fact that this is a torn off section of an application form, not an agreement, it does not have all the prescribed items present, it contains a large proportion of illegible text due to the quality of the copy and does not contain a copy of the applicable terms and conditions.

 

May I also remind you, that you must supply me with the signed true and certified copy of the default that you state was sent to me, showing my address and proof of posting, a default that you have unlawfully registered against me with the Credit Reference Agencies.

 

You are now required to remove any data relating to me (The Data Subject) that you have supplied to any Credit Reference Agencies in its entirety. This request is made in accordance with the Consumer Credit Act 1974 (Sections 77 – 79).

In addition I have already served MBNA with Statutory Notices to cease and desist from disclosing my personal data pursuant to Sections 10 and 12 The Data Protection Act 1998.

 

For the avoidance of doubt, I enclose a further Statutory Notice pursuant to Sections 10 and 12 of The Data Protection Act 1998 – Data Subject Notice.

Take notice, that I have withdrawn my consent from MBNA Europe Bank Limited to process my data. Therefore, I demand that you (MBNA) cease to disclose any data to any third party including, but not restricted to, Equifax plc, Experian Ltd, Callcredit plc and;

Instruct Equifax plc, Experian Ltd and Callcredit plc to remove all data pertaining to your records on me, to the extent that no data entry in relation to MBNA Europe Bank Limited will exist on my credit files.

 

Furthermore, I intend to issue legal action against MBNA for the mis-selling of my Payment Protection Insurance and associated Unlawful Penalty Charges plus compounded interest Please take notice that I will petition the Court to have the Unwarranted, Unjustified Default removed from my Credit Reference Agency Credit file if you fail to remove it.

 

I hope that I have made my position clear and expect a written confirmation from you acknowledging the contents of this letter within 5 working days, as per the requirements of section 15.3 of The Banking Code.

 

Yours sincerely,"

 

I sent the above letter one month ago and have not even received an acknowledgement, let alone a reply. Therefore, it looks as though MBNA are either lying in the long grass again, or they are ignoring me!?

 

Next step?

 

TS have suggested that I CC all my letters and send them again...what do you guys think.

 

The situation is begining to get personal with the MBNA charmers

 

Love AC

[Guest Battleaxe]

"Whistleblower" specifically refers to insiders. Key problem is that you stand to an advantage. Threatening court action is fine, but threatening to send defematory information (regardless of how true) via high-profile and high-volume outlets would amount to menaces. If they don't roll over, you can always do it anyway. You have to warn them before you take legal action so they know what they can do to avoid it, but you're under no obligation to tell them who you're talking to. With blackmail, it is the threat that makes it criminal.

 

meagain, M55 is not an employee of any bank or credit card company. If you had read the thread thoroughly you would realise this. He has no connection at all to these institutions and as the site rules state, if you are an employee of a bank this has to be disclosed to the management of the site.

[Guest Battleaxe]

Hi Guys-

The following is my letter to MBUSA...I welcome your views:)

 

 

"Mr. Gavin Theobald

Customer Advocates Office Manager

Insurance Services Department

MBNA Europe Bank Limited

Chester Business Park

Chester

CH4 9YR

 

Dear Mr. Theobald,

 

REQUEST UNDER THE CONSUMER CREDIT ACT 1974

 

I sent the above letter one month ago and have not even received an acknowledgement, let alone a reply. Therefore, it looks as though MBNA are either lying in the long grass again, or they are ignoring me!?

 

Next step?

 

TS have suggested that I CC all my letters and send them again...what do you guys think.

 

The situation is begining to get personal with the MBNA charmers

 

Love AC

 

 

Angry Cat, it is the samew with us, they are stalemated and haven't got the balls to do anything about it, because if they do, they will open the floodgates and have to do it for thousands of people like in the same position, so they are like ostriches, hide their heads in the cand and hope it will blow over. With the hammering they are about to get across the pond and what we are doing to them over here, they are between a rock and a hrd place. This why we are taking mass action against MBNA to the FSA.

[m55dlc]

"Whistleblower" specifically refers to insiders. Key problem is that you stand to an advantage. Threatening court action is fine, but threatening to send defematory information (regardless of how true) via high-profile and high-volume outlets would amount to menaces. If they don't roll over, you can always do it anyway. You have to warn them before you take legal action so they know what they can do to avoid it, but you're under no obligation to tell them who you're talking to. With blackmail, it is the threat that makes it criminal.

 

I see where you're coming from. I'm rattling my sabre, and as such warning them that it is coming. However, I personally (i.e. ME) am not making this threat, m55dlc is making this threat, I'm just threatening to threaten them with this. I'm well aware of where the law sits with regards to sending out these emails, and to what repercussions there may well be. And, the whole arguement regards ethics, whereas I am aware where the line is with regards to practices that are acceptable, and where an organisation oversteps that mark and goes above and beyond what is legal, ethical and right.

 

We may well not be able to beat them in individual cases, but we will not have our grievances swept aside. If we need to join forces to defeat them and get what is rightfully ours, then we should. We have a large CCP here that is flouting laws in a wholesale and continuing manner. I stopped having telephone conversations with these people as they do not make the slightest bit of difference. I get letters, and each and every one of them is in breach of acts of parliament and / or guidelines.

 

I'm sick of it, sick of them. I know they are retrospectively executing agreements as we speak with a rubber stamp.... where the hell is the legal system when you need it. We have a CCP falsifying documents on a wholescale basis to avoid court action.

[un1boy]

2 UNFAIR BUSINESS PRACTICES

Communication

2.1 It is unfair to communicate, in whatever form, with consumers in an unclear,

inaccurate or misleading manner.

2.2 Examples of unfair practices are as follows:

a. use of official looking documents intended or likely to mislead

debtors as to their status, for example, documents made to resemble court

claims.

does this include when companies issue you a letter from a "debt collection agency" which is actually just another department withon their company, but given a different name and logos etc? i had one from United Utilities, when I called them they said they were jsut collections.

Also, Barclays send letters from a "company" called chelmsfprd collections (or something like that). B Barclays keep it quiet, but they are actually just another department.

[un1boy]

Ok, so TS have been investigating the fact that HSBC haven't sent me default notices. I sent him a copy of my agreement...here is his reply:

 

Hi un1boy,

 

After taking some advice on this matter, it would appear that if there was no APR on your agreement, that agreement could be unenforceable. This is a matter that you should take up with HSBC. At the end of the day only the courts could give a definitive answer. This would be the Civil Court if HSBC wished to go ahead and try to enforce action against your debt.

 

I hope this information is helpful.

 

I thought it was TS that had to take action on it?

 

This is the reply I got from the OFT:

 

Thank you for your recent e mail.

 

I am sorry to hear of your problem but unfortunately the Office of Fair Trading (OFT) is unable to help you on this occasion, as we do not have the power to advise or assist individual consumers. Nor can we normally comment or take action on cases brought to us by individual consumers. Our primary duties are to enforce competition law, regulate the consumer credit market through a licensing system and the co-ordination of enforcement action throughout the UK, with the assistance of our other regulatory partners.

 

Under the Consumer Credit Act 1974, most businesses that offer goods or services on credit or lend money to consumers, have to be licensed by the OFT. The OFT can refuse or revoke the firm’s credit licence if it engages in ‘unfair or improper business practices, whether unlawful or not’.

 

We are unable to take up individual cases, but if you would like to make a complaint to us about the practices of this particular business you can send the details to:

 

Credit Licensing Enforcement

Office of Fair Trading

Fleetbank House

2-6 Salisbury Square

LONDON

EC4Y 8JX

 

However, we suggest you contact Consumer Direct (http://www.consumerdirect.gov.uk) for advice on this matter. Consumer Direct is a telephone (08454 04 05 06) and online advice and information service for consumers in Great Britain.

 

We hope this information is helpful and this matter is resolved to your satisfaction as soon as possible.

[Seahorse]

Can't investigate individual cases? So what are you supposed to do? Rope in all your workmates, family, friends, etc to sign a letter to send off? What utter nonsense. After all the complaints they've had from people on this site alone, that SURELY must indicate it's not just an individual complaint.

 

I wish I could get a job where you just apparently print off templates and mail merge them off to anyone who has the brass neck to expect them to do their bloody jobs!!!!

[un1boy]

Can't investigate individual cases? So what are you supposed to do? Rope in all your workmates, family, friends, etc to sign a letter to send off? What utter nonsense. After all the complaints they've had from people on this site alone, that SURELY must indicate it's not just an individual complaint.

 

I know, tell me about it - who enforces the criminality part if the OFT, TS and the Police all say they don't?

 

I wish I could get a job where you just apparently print off templates and mail merge them off to anyone who has the brass neck to expect them to do their bloody jobs!!!!

 

Indeed....it's a farce...

[meagain]

meagain, M55 is not an employee of any bank or credit card company.

 

I am well aware of that fact. If you had read the thread thoroughly you would realise this. The very definition of a "whistleblower" is someone on the inside.