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Thank you for your various replies to my post above.

 

Just to set the record straight, I never said nor implied that it is people's fault that they have bad credit ratings.

 

The point that I was eluding to, in answer to a previous thread, where a person was saying that he was not worried that his credit file was trashed and he was not concerned because he wanted no more credit, was that it is not the end of the world if your file is trashed.

 

The banks and DCAs and CRAs control the credit files of everyone, so the system is rotten to the core.

 

Before jumping in with assumptions that I am being insensitive about this issue, if you care to look at my numerous threads on here, you will see that I have fought for several years before winning 10500 pounds against MBNA/Abbey/Lowell's and 4900 pounds aginst CapQuest using advise from this site.

 

Accordingly, I made a donation to CAG as a thank you and to try and help keep the site going for others.

 

However, both Lowells and CapQuest are, at the moment, still filing defaults against me on my credit file, which I am attempting to get removed, because I don't want a false record against my name.

 

Perhaps I did not make the point clear enough, is that going abroad to work has been great, no thanks to the UK banks, and I have no plans for a mortgage or credit card abroad. The same would apply if I came back to the UK.

 

I simply use a chargecard if I need to buy things on the internet or where cash is inappropriate.

 

Therefore, I go back to the point of my original post, and the one that I was replying to, there is life after debt. Life can get better and you do not have to necessarily have credit. I appreciate that some people have posted saying that they have to have credit, but as somebody who owed out about twenty thousand pounds and has managed to write it off, I am not going to go down that route again.

 

Therefore, as you can see, I am not an imposter on this site, nor am I belittling anyone else's circumstances and I am just posting a particular perspective that may help some people see their debt in a new light.

 

Again, if you check over my various threads and posts as I struggled and eventually won against the DCAs, many people were inspired by my persistence and success.

 

I am simply explaining to those who want to listen, how I then moved forward from that point, into a new life of being credit and debt free.

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To further clarify, this is an extract from the thread that I originally replied to:

 

"That the prospect of a bad credit file being the main worry with a lot of people - some for good reason who may need a mortgage - I took the view that it was having a very good rating that got me in this position and therefore having a bad one would not be a problem. In fact its almost a warning to DCA's and creditors theres no point in doing anything to this guy - if we make him bankrupt he owes so much no one will get anything ! "

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Yes, that's exactly what I was leaning towards.

 

In fact, there have been several posts where people were apparently angry that I said there is an alternative lifestyle without credit, the lifestyle that I now lead.

 

For example, I bought some jeans this week, cash, of course! no statements, no minimum payments, no interest. Previously, I would have put them on a card and then when i got into difficulty, the cost of the jeans would have increased monthly as interest and default charges were piled on.

 

I rent and was able to make a great move in September when a remarkable apartment was reduced by 25%, as the landlord could not find anyone to rent it during the economic downturn at the previous rental level. I can leave there and move "downmarket" at a month's notice if my circumstances change.

 

Above all, with no interest payments and default charges, I actually do that very strange thing that has eluded me and so many others for the last 10 years whilst the banks were schematically ripping us all off with the blessing of the politicians, it's called SAVING! I now put away money monthly, something that I have not done for over a decade.

 

So when I was saying that you don't HAVE to have have credit, this is the alternative that I was referring to, but appreciate the fact that this may not be right for everyone.

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Hi Ali - you seem to have had some of my experiences there is life after debt I know because i've been bankrupt and frankly never happier ! But that experience I could without again as where I am now I would like to hang onto and I now have a partner. I'm in a situation now where my once substantial assets have devalued greatly and even if i could sell anything it would create unsecured debt with shortfalls on the property values. I owe £86 k on cards and have a ship load of mortgages and some other loans as I was a small property developer. I am only now, after years of self indulgence and being a credit junky, weaning myself off it its hard but its also good as you can get back in touch with some basic pleasures in life. At times it also gets for brief moments or half days pretty grinding and depressing and then I pull out of it. Coming on here is definitely a help.

 

By the way in a low moment today I was talking to the FOS dept.and they were saying in cases of hardship the ombudsman is now tackling unfair interest and if any creditor issues court proceedings in the meantime they would speak to the court to ask for a stay until they complete their investigation which takes 6 - 9 months. So if you want any extra time and you can still try the court option later thats a good ruse apparently they have just started this in the past 2 months. Also its a foolish creditor who ignores the FOS decisions. He cant put rates up but sounded to me as though there is a very real chance he would reduce them. So the trick is to anyone who's got aggressive creditors get a case number on the phone from the FOS and write back quoting that and then quickly asap get the file to them.

 

I fully agree with your comments about the banks being the only business able to make adverse references on a CRA file. I wrote off two debts, one because or a prior dispute with the OC and one because they had lost thee original CCA, however, they still refuse to remove my adverse credit file ratings. Just out of common decency, I am fighting to remove them! No other industry on earth could say, we have no agreement or contract with you, however, out of anger, because you wriggled out of the debt, we are going to punish you by continuing with an adverse credit rating.

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I'm helping a friend with considerable debt, cca'd all of the companies (10) not one come up with an agreement since August - they don't help their cause at all and I'd encourage people to request their agreements. Some might have moral issues about trying to test these companies and I've heard it numerous times, even from friends that all one is attempting to do is get out of our obligation to pay what we owe. But if someone came to take your house when they legally had no right to do so you have every right to challenge them. The banks and finance companies have no morals and would think nothing of dumping you, your kids, your family and your lives on the street, just visit your local court on repossession days where the lists are as long as your arm the judges have 3 minutes to hear each case and throw people out (I heard that from a sitting Judge) so if we can write debt off it puts us back to a position where we can rebuild and hopefully learn from the experience then come on forum like this and encourage others to fight these institutions.

 

We (some fellow caggers) have a saying - "Keep it Simple" - get them to produce an agreement that's the first hurdle, a vast majority of agreements are not legally binding, just get them checked out and it all rolls on from there - no agreement - no debt - end of!

 

I agree 100% and this is the approach that I documented on here as I went step by step though the process. As you say, in my case, all 4 CCAs not enforceable and the DCAs backed down (one had lost the original CCA), allowing me to write off around 20 000 pounds. I fully documented all of the letters here for other people to follow and also made a donation to CAG to say thanks for the help.

 

I hope that if you look over my various posts it will help you with your friend's situation. It's not so difficult or scary once you get stuck in and remember, as soon as a CCA is in dispute (and they go into dispute if they do not respond in 12=2 days, so ALL of the ones you have are now in dispute), then they cannot ask for payments, involve third parties, etc. of course, they will, which gives you further ammunition!

 

I made a recent post about the benefits of living debt and credit free and was disappointed to see at least two responses saying my post made them angry. I make no apologies for having written off a large debt. I live by cash now, i do not pay any interest payments to anyone and if I need to use plastic e.g. online buying, I use a Visa debit card.

 

Today, I am on holiday in the Philippines and I was tempted to buy several things: The new "Lost Symbol" novel by Dan Brown (13 pounds), two work shirts (65 pounds total) and some work trousers (50 pounds).

 

4 years ago, I would have piled them onto my credit cards. What is 128 pounds when you owe 20 thousand??!! Today, I had the cash to buy them, but you know what when it's cash you think differently.

 

I thought do I really want the book-it's a hard copy at the moment as it is a new release. in 6 months it will be paperback. Also, I have more then enough clothes for work, so in the end I bought nothing! I used to have around 1500 a month take home pay, of which about 1100 was going in interest payments alone!

 

So, this is the debt free/credit free lifestyle that awaits everyone once they free themselves from the burden and bondage of debt. I am sorry that this offends a few readers, but i have received many emails saying that i have been an example to help them.

 

I live abroad now and am trying to clear the final insult-the card companies still register defaults on my credit file. OK, I don't want credit any more, but neither do i want false statements against my name. I am in the process of reporting all of the people involved at the moment and updated my thread a few days ago.

 

Since your friend's situation is very similar to mine, do take the time to look through my various threads and posts and look at the letters I sent and received back, especially the letters writing off my debts! Hope it helps your friend and I hope that they will be debt free very soon! All the best.

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I can agree with the benefits of living a credit free life style.

 

Previously I would purchase items that a number of months later I would consider junk, though would continue to pay interest on it for some time removing very little of the capital amount on those credit cards.

 

Essentially credit cards are like spiders webs, initially they are very useful, you think you can handle them and that they are manageable till you get to a point when you realise you are well and truely stuck and are about to be devoured by the spider.

 

During the boom years credit card companies extended peoples credit limits without question, as the more someone is in debt the more income you will receive through interest, and the more the company is theoretically worth because those debts are counted towards a banks balance sheet - so the more you get people in debt - the more valuable your company is.

 

I used to look at my grand parents strangely as they were very careful with their money, only used credit to take out the mortgage on their house which was paid off by the time I arrived. In retrospect they had it spot on, save for what you want, and you'll likely only buy what you need instead of spending money like water on junk because you have free and easy credit.

 

Thank you, indeed for this. I used to think that I had to own a home-in fact, most of the world rent-even in Asia.

 

I had my first mortgage when I was 24 years of age and it was like, I had "become of age". Even then, I can remember thinking at the back of my mind, "my God, this is a 25 year liability, I have to pay nearly double the asking price when I pay interest over 25 years, if I fail to pay, the can reposes, this is like renting, but with additional liabilities."

 

Many people enjoyed aspiring property values, remortgaged to "release the value locked in their homes", only to fall into negative equity, both in the mid nineties and recently.

 

I used to believe that I was a second class citizen when I sold up as I could no longer afford the mortgage and debts. In France, Italy and indeed, much of Asia, where now live, renting is the norm, to rent, but try tellling that to most people in the UK.

 

This is the point that I was trying to get across, the banking and credit system in the UK has manipulated our population to believe that you have to own a house, you have to have credit. Mix that in with their lies, deception and unlawful behaviour and that is why so many of us have come here.

 

They get you into debt, record bad records about you on the CRAs.

 

I was simply saying that I have been through all of this twice. In the mid nineties, I fell in debt because of investing in a rising property market that crashed, my two business partners ran way, and I ended up 35 thousand pounds in debt, even in those days!

 

Call me an expert if you want, but I wrote off those debts, the same as the more recent ones, that I have extensively reported here. actually, i just learnt as I went along, same as I did here, and the same as I report back here to help others.

 

It isn't over yet, i am fighting the 4 banks that I won against recently, as they still continue to log adverse credit ratings against me with eh CRAs.

 

This very week, i have sent warning letters to them and Experian, and tomorrow, MPs, OFT, TS amongst others.

 

This is the same determination that you see in me when you look over my other threads here, explaining to newcomers, the sorts of action that you can take. I have not been "lucky'. I have spent untold hours looking through these threads, working out how to win, and that bis what this site is about and that is what I believe in, nurture, encourage and I ask all who read this to take the same attitude. You CAN win against all odds.

 

I was so thankful to CAG, when I wrote off my debts, I paid a donation to CAG and also took a personal vow that I would continue to fight against unlawful CRA entries, despite that fact that i live abroad and want no more credit in the UK or elsewhere for that matter.

 

My story is publisihed widely on here to help those who are suffering like I suffered for many years.

 

Truly, credit free, in my opinion, is best. But that is my opinion, and like you say at the Site Team, that was the way our grandparents lived.

 

Only time will tell who is right and who is wrong.

 

No offence meant to anyone, I am simply telling you what happened to me, how I could have easily gone bust, but refused to give in. I truly hope that this is an inspiration to the many who read this.

 

As to getting my CRA file cleared, watch this space!

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Thank you for your understanding. I was simply putting forward a point of view.

 

Actually, if you follow most people on here, it starts off like this......" I am in massive debt....I don't know what to do........I spoke to my bank and they did not help, they were abusive......it's now with a DCA....."

 

I was there, I am sure many have been there, that's why we came here. For help, guidance, assistance, legal directive, moral support. In some cases, to come to terms with feeling depressed, worthless, suicidal (yes banks and DCAs, you cause this to some people, just read the threads here).

 

Eventually, debt is cured. It may be through bankruptcy, negotiation, settlements, F+F, etc. It may be that you managed to prove an unenforceable CCA.

 

It eventually finishes.

 

But what is the next step?

 

So many people here want to renew their credit rating to get......more credit.

 

There may be good reason for this, but all i ask is for anyone to stop and contemplate for a few moments.

 

If you really got stuck with all that debt in the first place (not, necessarily through fault of your own), why would you really, really want more credit?

 

You can use a Visa debit card rather than a credit card if you want to pay by plastic.

 

There are "prepaid" cards if you you want plastic without credit e.g. inertnet buying,etc.

 

I went through the cycle twice, yes, I was in debt in the mid nineties , managed to get it written off without any bad credit or bankruptcy, then, i am ashamed to say, i got into the same situation in the last few years.

 

For the second time,, i am not allowing it to happen again so i no longer use credit....period.

 

Kash is King.

 

And to think that a few years ago, I netted 1500 pounds a month and 1100 was in interest payments!

 

Pay cash, all the money is yours.

 

Just a point of view......hope it helps some of you.

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  • 2 weeks later...
Sorry to butt in but i need urgent advice on thread. Capital (One) Justice.

 

Court tomorrow, Cap one have e-mailed admitting they have no signed agreement.

 

When Lowell's could not give me a CCA because records were not that far back, I wrote to them saying that the account was not enforcabble and they wrote back and closed the account.

 

I suspect that Capital One will probably not turn up tomorrow, so I would play along the lines of no CCA no enforcement.

 

I am no lawyer, so not sure of the wording to use, but take a look through the template letters and threads discussing CCAs.

 

I know is at the eleventh hour, so perhaps you could use the advanced search facility using phrases like no "CCA."

 

I used a template letter that included the phrase:

 

I DO NOT ACKNOWLEDGE THIS DEBT AND THEREFORE REQUIRE YOU TO SUBSTANTIATE THIS BY PROVIDING THE FOLLOWING DOCUMENTATION BEFORE I CORRESPOND FURTHER :

 

True copy of original signed executed credit agreement

 

 

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

 

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

 

I am not suggesting you use these exact words but you could amend them for your defence.

 

Good luck!

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  • 3 weeks later...
I'm thinking that is the case with mine. They went for summary judgement and a few days before the hearing sent me a letter offering 75% discount.

 

I suspect the DCAs maybe have got wind of changes coming and are trying to collect what they can. Am I too much of an optimist?

 

Hi I agree.

 

The problem is that for some time now the debt collection industry have got away with lying, breaking the law, etc. It is owned and staffed by people who are chancers, people who will do anything to intimidate the vulnarable to make a profit.

 

With forums such as this, more and more people have come to realise that they can fighting this attitude.

 

In my own case, if you look elsewhere on my threads you will see that I challenged Lowells, who had to write off a 10500 pound debt because Abbey/MBNA never kept a copy of the original CCA.

 

Similarly CapQuest had to write off 4900 pounds because after over a year I proved to them them that there was a previous dispute with Egg.

 

Egg are now refusing to give me a copy of the CCA with an Egg card dating back to 2002. Why? Because all, or most, of their CCAs were written incorrectly are unenforceable. I have been asking since March 2009 and at every step they come up with nothing, no CA sent-they are probably waiting for the outcome of a test case which could cost them a fortune.

 

Same thing with an Egg loan CCA. They missed out essential prescribed terms and conditions, so that is also unenforceable. I have refused to pay around 2500 pounds on that also.

 

It has taken a long time to get this information out in the open, it was very much a closed industry. There is a wind of change happening, but it will still take time. The next big ones will be the refund of bank charges and I think also Egg have got themselves into a whole big problem to come. Reading on here, it seems like many of their CCAs are unenforceable.

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Ali

 

I have an Egg loan that they made me take out to pay an overlimit Egg Card and I think it may too be unenforceable. What terms does your Egg Loan CCA miss out?

 

BD

 

If you do a search, I posted it on here. Basically they just did a two page CCA that referred to other terms and conditions, not specified. All terms and conditions, as far as I know, have to be signed for. Either in the original CCA as part of the body of the document, or as a separate, but signed document.

 

They also did not mention the cooling off period and also they missed out the total interest payable.

 

Basically they screwed up.

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Hello all. Just a quick post. I have only been a cagger since March but over the last couple of months I sense a change in the confidence of the people on here. We may be all over country and from all walks of life but I think the support we give to each other, including the site team, is giving the likes of Cabot sleepless nights.

Excellent....

 

Absolutely!

 

I could not have written off around 20 000 pounds without this help.

 

The banking system in our country has changed from being a conservative business (small c for conservative) to being an aggressive business that thinks nothing of taking money from the vulnerable.

 

As a team, we can beat them.

 

I am now fighting to have credit reference agency records removed. Guess what, when my debts were written off, the defaults remained.

 

I have written asking for removals and I have also written to MPs.

 

The defaults are still there. The system is totally corrupt.

 

I am sure that as a person who has befitted from the site and who has made a financial contribution to the site that my success stories will be an influence to all that have come here for help.

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Hi Alis.

Did you get these writen off thru no regulated agreement?

Don't forget that if there is no signed agreement they do have your permission and if they say that you signed an aplication form giving consent then an application trying to bind to a future contract is void ergo your permission is void. (Paul Walton)

I have been trying to explain this to the info comm with very little, make that, no success.

Why are we saddled with such limp enforcement agencies in this country. They just can't seem to be arsed.

 

It was written off by no CCA in one case and a prior dispute with the original creditor (CCJ was set aside), so the account should never have been sold. Signatures were not an issue in my case.

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Hi Alis.

Just thinking; no sigs, no permission, no right to pass info.

 

The unfortunate thing is they they still pass on information, even when a debt is written off. I have taken advice on another thread on here, by a great guy called Vint, and have used his argument against experian.

 

The problem is that Experian and the other CRAs are in bed with the banks and DCAs.

 

Getting entries removed is like pulling teeth.

 

Also, the regulatory authorities allow this sort of thing to happen.

 

Unfortunately politicians are also part of this [problem]. How often do you see that a senior politician on leaving politics gets a juicy job in the City with a bank, etc?

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  • 4 weeks later...
Hi Scrapper - I have got this info from a chat today with a no fees claim handler/auditor I am using - I was aware that these cases were coming up from somewhere or someone on this web site - and when I mentioned it to the claims co. they confirmed MBNA had withdrawn and in doing so had annoyed the court as a test case that had been expected was suddenly not going ahead. It seems the reason was - 'yes it could open the floodgates' ! This is all hearsay and third party but the circumstances in which it was explained to me were genuine and gave me no reason to disbelieve them - the judgement of the others which did go ahead is expected first week in Jan. You may also have seen that the OFT are looking at or are even going to force creditors to reveal whether they have any agreement or an enforceable agreement as part of some sort of new found honesty like a truth and reconciliation process in nations ! Sounds good !

 

Hi Captain 2

 

This is a very interesting development in that banks should tell the customer if there is either (1) no CCA record in existence or (2) if there is a CCA, it is unenforceable.

 

Take MBNA, as discussed in the last few posts. I had a credit card from Abbey, then it became MBNA. When I defaulted it eventually went to Lowell's. I won against them-see my threads elsewhere, because after several years of them writing to me asking for payments, I learned that there was such as thing as a CCA and when i asked for it, after several stalling attempts, they wrote to say that there was no copy on record and they closed the account. Had I not asked for a copy of the CCA, I would be still paying to this day, rather than enjoying, as of now, the fact that i have written off 10500 pounds.

 

What is wrong with the system is that it was me that had to learn how to ask for the CCA and thereby find out by accident that it didn't exist, rather than that the onus being on Abbey/MBNA to disclose that they did not have a copy of the original CCA.

 

Furthermore, Egg have failed to supply me with a copy of my credit card CCA since May of this year! Despite numerous letters, they obviously don'y want me to see it. It is an agreement going way back to 1999 or so, which is when nearly all of their credit card CCAs were incorrectly drawn up. OK, the account is in dispute but that has not stopped them getting two different DCAs to write to me. Obviously on each occasion I have sent them a "dispute with OC template letter which tells them to sod off. But why should I have to do it?

 

The legislation that you refer to, if it does come to fruition, would stop all of this nonsense.

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Zion it is my understanding that the recent Mcguffic ruling has re inforced the cccs freedom to still report your status to the CRA. This is not considered by the court to be "enforcement" as stupid as that sounds.

G

 

Agreed! I have two cases where my account has been closed. One was with Lowell's, because they could not produce a copy of the original CCA-apparently Abbey National (the OC) did not keep records going back that far.

 

Also, CapQuest, they closed my account after I had made several payments over a period of time during which I was bombarded with letters and emails demanding payments, only after i pointed out to them a previous dispute with the OC. the OC was Egg and the prior dispute was that the account had been set aside by the county court.

 

Despite in both cases being forced to close the accounts, both parties have still recorded defaults with the CRAs and have refused to remove the defaults.

 

If you read my threads on here, getting CRA defaults removed is ridiculously difficult.

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  • 3 weeks later...
I've got a feeling this will happen, where it is not in the creditors interests they will not provide a copy of the executed agreement.

 

This is certainly the case with Citi, who simply aren't complying with requests for "executed agreements".

 

It seems that the law has become inequitable for the consumer, as the criminal offence element of s78(6) was removed when the Consumer Credit Act 2006 came into force. Now this on top is firmly stacking the chips against the consumer......

 

Agreed. Egg are now Citi. I did a CCA request in May 2009, they cashed the cheque, but no CCA has been sent. They don't want to send it because it is unenforceable.

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  • 4 weeks later...
If they bank the £10 SAR cheque or PO then they can't claim non receipt - so no real need for recorded or registered post unless you want belts and braces. proof of posting is also free at any PO.

I got the full signed CCA from Egg (citi now?) in both the CCA and SAR requests - so I think no cca sent usually = no cca available.

 

BD

 

Agreed, a chased PO or cheque proves that they received the communication , better still if they credit your account.Personally, I send CCA request first, as they have 12+2 days to respond and then later send the full SARS request,where they need to respond within 40 days.

 

Remember Citi bank is what was previously Egg, who are renown for having messed up many CCAs in the early 2000's. Egg play dirty, so watch out.

 

Very often they send out copy CCAs which have faults rendering them unenforceable but they will swear blind that they are legally within their rights. Furthermore, if they have no copy,or a really dud one, they will try and fob you off with the sorts of rubbish, sometimes even simply not sending out copy. I asked Egg for a CCA on my credit card in march 2009 and it never appeared despite various letters from them saying that it's on the way.

 

This undoubtdely means that they either don't have the agreement or they know it's a dodgy one.

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  • 2 weeks later...
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  • 1 month later...
Hi can someone help me with my thread and my problem please???

 

I did sent to barclay bank an in dispute letter as advised on this forum.

 

I have recevid this three letters from them..

 

Pg1.doc = first page of the letter

Pg2.doc = second page of the letter

Pg3.doc - third page of the letter

 

 

Can someone please help with what should i respond???

 

Link to my Thread:http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/255602-barclay-credit-card-starting-2.html#post2954216

 

Thanks

 

Hi Roy

 

I am not sufficiently knowledgeable to comment on the specifics raised in this letter, although I am sure that you can look over your earlier arguments that the CCA is unenforceable and see if they still apply.

 

However, it is certain that they cannot unilaterally say that the CCA is enforceable, it is up to the court to decide this. Accordingly, they cannot declare that the dispute is therefore resolved. You would have to agree with them for that to be the case.

 

Therefore the case is still in dispute and on that basis they should not be threatening collections procedures, issuing a default, etc. They are unlawfully sending you this crap to try and scare you before court, if they even bother to turn up.

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  • 4 weeks later...
have a few issues regarding a CCA with capital one.. fredrickson international now own the debt which we disputed from day 1.. and now they've sent us a copy of a CCA with a signature on that i can only guess who it actually is??...

 

Assuming that you disputed it from before the DCA bought it, then it should not have been passed on to them. Send them the OC prior dispute letter and stick to your guns. It is totally unlawful for a bank, such as Capital One, to pass the debt to a third party whilst it is in dispute.

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  • 3 months later...
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