Cap1 & CCA return

[un1boy]

hi Pam Uni

I was rather hurt to see that you doubted the existance of my............

 

 

Hey!

 

I didn't doubt it's existence!!

[un1boy]

Interesting development regarding my section 85 claim. I've just received a phone call. The cheque is on its way.

 

Paul

 

 

That's great news mate - can you let us know which lender?

[adarling2006]

can someone look over my cca request and the agreement in my new thread, getting lost with everything happening here.

 

http://www.consumeractiongroup.co.uk/forum/general/85342-black-horse-cca-request.html

[un1boy]

can anyone point me in the direction of any POCs that can be used re non compliance of CCA request and non-issue of Default Notices?

 

I have been sent an agreement with no prescribed terms and have been told by TS that I need to take them to court to get it officially rendered "unenforcabel".

 

I also want to out that I never received Default Notices and that if they were sent then I want them to prove that they comlied with sec 88 of the CCA....so, i they settle out of court they need to remove them!!!

 

I am tired of playing silly buggers (it's been going on since August 2006) and REALLY need to get my POCs together.

 

Cheers guys. :)

[paulwlton]

can anyone point me in the direction of any POCs that can be used re non compliance of CCA request and non-issue of Default Notices?

 

I have been sent an agreement with no prescribed terms and have been told by TS that I need to take them to court to get it officially rendered "unenforcabel".

 

I also want to out that I never received Default Notices and that if they were sent then I want them to prove that they comlied with sec 88 of the CCA....so, i they settle out of court they need to remove them!!!

 

I am tired of playing silly buggers (it's been going on since August 2006) and REALLY need to get my POCs together.

 

Cheers guys. :)

 

I can't work out why you want to contest the agreement in court, no prescribed terms equalls no enforcement.

[tamadus]

Interesting development regarding my section 85 claim. I've just received a phone call. The cheque is on its way.

 

Paul

 

Great news Paul,

 

I'll be home about 11:30 tonight and will email you and chat over the weekend:)

[un1boy]

I can't work out why you want to contest the agreement in court, no prescribed terms equalls no enforcement.

 

I want the defaults removed - they will settle out of court and it's taken me 6 months so far and they haven't budged. If I enter court papers, they will settle out of court and remove them quicker!!

 

TS are taking their sweet time and have no idea at all about they should be doing anyway.

[smartmartian10]

I write to a CC and request credit agreement in accordance with CCA 1974. After 12 working days they are in default. While the default continues, they are not entitled to enforce the agreement. However they then write and state we have no agreement.

Questions –

(1) Are they still in default if they acknowledge that no agreement exists?

(2) Assuming they are in default still, did this start 12 days after request?

(3) Or did the default start from the day account opened?

[Peterbard]

I write to a CC and request credit agreement in accordance with CCA 1974. After 12 working days they are in default. While the default continues, they are not entitled to enforce the agreement. However they then write and state we have no agreement.

 

Questions –

(1) Are they still in default if they acknowledge that no agreement exists?

(2) Assuming they are in default still, did this start 12 days after request?

(3) Or did the default start from the day account opened?

 

HI

 

Congratulations

My Advuice, frame the letter and keep it safe.

Then write back saying that you do not acknowledge any debt and are considering litigating for all monies and interest paid.

Remind them that the debt is unenforceable under cca 1974 section 127 and that they must not divulge any data relating to you, to any outside agency as this would be a breach of the Data Protection Act and if they have already registered any defaults they have seven days to have them removed to prevent them being reported to the Iformatin Controllers Office and apossible Civil suit.

Thern take the other half out for a meal to cellibrate

 

Best regards

peter

[smartmartian10]

Thanks Peter. All done but the meal! lol

 

I have written do not acknowledge, they have confirmed they will not pursue. I have started exchange of letters on you may not process data.

 

What am most interested in is - any mileage in pursuing recovery of all interest? all payments? etc. Do I just write give it all back? Anyone done a court claim for this?

[Peterbard]

Hi

Yes i have heard of people claiming gack money already paid. I only nknow for sure of the ones that have had the result that while the court will not enforce any furthe payments the ecisting payments allready paid were made of free willand will not be refunded. I hae heard retorical repoorts to the contrary but have yet to see any evidence of any such judjments being made.

 

Regards

 

Peter

[zubo]

Thanks Peter. All done but the meal! lol

 

I have written do not acknowledge, they have confirmed they will not pursue. I have started exchange of letters on you may not process data.

 

What am most interested in is - any mileage in pursuing recovery of all interest? all payments? etc. Do I just write give it all back? Anyone done a court claim for this?

 

Good advice from Peter.

 

I had exact same result after 3 short threatening letters from me and forced them to confirm £6k balance is now set to zero.

 

Anyone reading this please note - do not let them just withdraw insist on a letter from them that they will NEVER pursue you for the unenforceable debt OR as I did that they have reduced the balance owed to zero.

WHY? Because you have them reeling on the ropes and they might come back in 2-3 years time hassling you for the debt. Do it while you have the advantage...

 

oh... and Tam advised me to leave it at that - I too was tempted to go for Consolidation, but £6k writeoff is a good result

 

 

 

Z

[davefirewalker]

Ok then another thought

 

It has been mentioned before somewhere on this massive thread but I can't find it as yet.

 

MORALLY I have had the use of the money, and I won't argue the fact I owe it.......

 

they have for all intents and purposes NO agreement.

 

Would I be entitled to go after ALL the interest they have ever took....?

 

my cc limit was about £4000 and I have only been making minimum payments (I couldnt afford anything else)

 

I have had this card since 1999, and stopped using it about 2001.

 

looking at the statements at least £55 of my payment was interest

 

(quick calculation) 6 years x £55 /month = £3960.

 

The principal has been well paid off................

 

What do you reckon ?????

 

Dave

[Guest Battleaxe]

Zubo,

 

A write off is as good as anything. Why push further. So long as you have it in writing you are home and hosed and another debt put to bed.

[kfdh1962]

i have been reading this huge thread for a while... i have capquest chasing me for a debt that they purchased from capital one.

i received a letter from captital one advisng me that they had sold the debt to capquest. Also enclosed with the letter from cap one was a letter from capquest advising that they had purchased the debt. So effectively this is a deed of assignment or proof that capquest can collect this debt, correct?

The balance transferred quoted by capital one and capquest was too high by some £400, i challenged this and since then both companies say the matter is in the hands of the other company!!

i did get cap one to confirm and transferred debt of £4366 which was the figue i qouted, although capquest are still quoting a balance several hundreds of pounds higher

I have written to capquest enclosing a copy of the said letter from cap one advising them that i dispute the total balance owed listed by capquest as i cannot resolve the figures with my records or the letter from cap one, and advised them that until they can verify the figures then i dispute the whole debt and will not make any payments ( i have not yet made any payments to capquest)

i also requested a copy of the CCA , so is what i have done so far correct?...any advice please..

[Guest Battleaxe]

I take it that you are going to reclaim unlawful charges from Capital One, which will reduce the debt considerably. Capquest wont like it, but hey this is your money. I would write and tell Capquest that I do not acknowledge any debt they say is owed. Remember they buy these debts cheaply so this profit to them. Make an inroad into their profit margin.

[davefirewalker]

As far as I can see .....yes

 

Once you have issued the cca request any action should be frozen until they supply you with the paperwork. There is a chance that they do not have the correct paperwork, and so can't enforce the debt.

 

An SAR will get you all the info what they hold on you and may show the correct ammounts. Although a CCa request should show your current balance and what is owing as well.

 

Dave

[kfdh1962]

I take it that you are going to reclaim unlawful charges from Capital One, which will reduce the debt considerably. Capquest wont like it, but hey this is your money. I would write and tell Capquest that I do not acknowledge any debt they say is owed. Remember they buy these debts cheaply so this profit to them. Make an inroad into their profit margin.

 

 

capital one were one of the first companies i got my charges back from, £320 in late payment fees over a couple of years. thisa is the letter i sent to capquest, does this constitiute a CCA request or is there another letter i should send?

 

Dear Sirs

 

Following my letter to you on the 7th March 2007, you wrote advising that my account would be placed on hold until the 22 March 2007. To date, as of 27th April I have received no further correspondence to you

 

My concerns still remain unanswered. The main concern was the outstanding balance originally quoted by Capital One and Capquest of £4749.04 was incorrect and did not include all payments and refunds up to the stated date of transfer.

 

Capital One confirmed in writing on the 2 March 2007 that the balance transferred was £4366.68. A copy of that letter was enclosed with my previous letter and is again enclosed.

 

The letter sent by you on the 09th March states a balance of £4699.04 which is greater than the balance of 4366.68 transferred by Capital One.

 

I am unable to reconcile the figure that you state remains outstanding with the transferred debt from Capital One, and would like you to note that until you can verify this amount, I am disputing the account in its entirety.

 

I shall be sending a subject access request under the Data Protection act to Capital One to verify all transactions to the date of transfer

 

I would also request at this point that you provide me with a copy of the CCA

[Peterbard]

Ok then another thought

 

It has been mentioned before somewhere on this massive thread but I can't find it as yet.

 

MORALLY I have had the use of the money, and I won't argue the fact I owe it.......

 

they have for all intents and purposes NO agreement.

 

Would I be entitled to go after ALL the interest they have ever took....?

 

my cc limit was about £4000 and I have only been making minimum payments (I couldnt afford anything else)

 

I have had this card since 1999, and stopped using it about 2001.

 

looking at the statements at least £55 of my payment was interest

 

(quick calculation) 6 years x £55 /month = £3960.

 

The principal has been well paid off................

 

What do you reckon ?????

 

Dave

 

HI Dave

I agree that the money you borrowed should be repaid, however the business of these people is to make money by lending it and the do that by charging as much interest as they can get away with.

I don't know about you but i don't trust them as far as i can through them and if they are going to charge me interest for borroeing their money i want to know how much, and if they cant show me where i agreed to a figure then as far as i am concerened they are fair game.

I would always pursue the interst charged.

Is it to much to ask that you should be able to check you are paying is correct? and is it a justifiable excuse to say sorry we lost the paprerwork.

 

MY Opinion

 

Peter

[davefirewalker]

KFDH1962

 

 

I would add to the bottom

 

I would also request at this point that you provide me with a true copy of my agreement and any other documents relating to my request, As is my right under the consumer credit act 1974 s77(1) + s78 (1) You have a duty to supply this information if you are the original creditor or not as per S189 of the CCA 1974.

 

I enclose the statutory fee of £1.00 and hope to hear from you in a timely manner.

 

Until you can confirm or deny the true state of account and provide me with a true copy of the original agreement, i consider this account to be in dispute and as such I expect you not to process any further data or pass data on to third parties until this is settled.

 

yours etc

 

anyone else? any ideas

 

Dave

[Perseus]

KFDH1962

 

 

I would add to the bottom

 

I would also request at this point that you provide me with a true copy of my executed agreement and any documents referred to therein, and any other documents relating to my request, As is my right under the consumer credit act 1974 s77(1) + s78 (1) You have a legal duty to supply this information if you are the original creditor or not as per S189 of the CCA 1974. Further, I request a copy of the Deed of Assignment you hold from Capital One regarding the alleged endebtedness.

 

I enclose the statutory fee of £1.00 and hope to hear from you in a timely manner.

 

(Until you can confirm or deny the true state of account and provide me with a true copy of the original executed agreement, i consider this account to be in dispute and as such I expect you not to process any further data or pass data on to third parties until this is settled.)

Until such time as the above requested information has been supplied, satisfying the requirements of the Consumer Credit Act 1974 in-so-much-as their contents, presentation, relevance and accuracy fully comply, I serve you notice that this account is entirely in dispute; as such, and in compliance with the Data Protection Act 1998 s10, I expect you Not to process or disclose any information regarding me until this dispute is fully satisfied.

You have 12 working days to comply with this request, as per the Act.

yours etc

 

anyone else? any ideas

 

Dave

 

How does that sound?

[davefirewalker]

you cant ask for or they will not give you the deed of asignment. this has been discussed previously. the bits in red I had already adressed, and its a case of either / or. the only bit I can see I missed was the executed part

 

I wouldnt tell them the timescale...they know it and if they dont then thats better. I addressed that in "i expect a reply in a timely manner"

 

but 9/10 for effort... :-)

 

best rgds

 

dave

[Perseus]

Awww shucks..

I tried

Thanks!

 

Ok I've got a question please...

 

Just drafting up a letter to Crap one, after supplying (after the 2nd request) a copy of the original application form - see post 6366 and 6367.

This account is closed, paid up, finished. Still on the CRA files, with a default due to ppi insurance company being late with payments for 6 months on the trot.

I've got approx £1500 in charges, default was lodged 5 months or so before it was paid off, Still haven't got complete SAR records from CAP1.

Would you reccommend another letter chasing the original CCA, whilst chasing up the SAR and stating I'll be looking for the default removed?

Effectively, I've got nothing to lose by chasing them all the way, everything to gain.

 

Any comments grateful.

 

thanks, and cheers Dave!

 

Perseus

[ian1969uk]

Just got in from work and MBNA have made my day with the sorry excuse for a credit agreement they sent me. It's an application form with not one single prescribed term on it.

 

Their accompanying letter says "We trust that now we have fully complied with your request under Section 78 of the CCA 1974 a suitable proposal for payment will be made".

 

How funny is that?

[davefirewalker]

Awww shucks..

I tried

Thanks!

 

Ok I've got a question please...

 

Just drafting up a letter to Crap one, after supplying (after the 2nd request) a copy of the original application form - see post 6366 and 6367.

This account is closed, paid up, finished. Still on the CRA files, with a default due to ppi insurance company being late with payments for 6 months on the trot.

I've got approx £1500 in charges, default was lodged 5 months or so before it was paid off, Still haven't got complete S.A.R - (Subject Access Request) records from CAP1.

Would you reccommend another letter chasing the original CCA, whilst chasing up the SAR and stating I'll be looking for the default removed?

Effectively, I've got nothing to lose by chasing them all the way, everything to gain.

 

Any comments grateful.

 

thanks, and cheers Dave!

 

Perseus

 

Hi pers

its hard to know where to start here

I know sar is not full but have you had all your statements?

have you claimed the charges yet?

 

how long have they had the CCA?

 

basically the CCA would be my prime target. If they cant show an agreement you can kiss goodbye to the default. no agreement ...no default

 

I would concentrate on the charges and cca and when they pay you the charges back, if the agreement is anyway no good and uneforceable or improperly executed there is a chance that you can claim back any interest you've ever paid to them.

 

Dave