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    • if the agreement was taken out jan 23, then she has not reached the 1/3rd mark so the car has not become protected goods under the consumer credit act.  this puts her in a very very vulnerable position regarding ever keeping the car....whereby once they have issued a default notice they can legally send a guy with a flatbed (though they are NOT BAILIFFS and have ZERO legal powers) to collect the car.  if the car is kept on the public highway then they can simply take it away and she will legally owe the whole stated amount on the agreement AND lose the car. if it's on private property i'e like a driveway, ok they shouldn't take it without her agreeing, but if they do, it's not really on but its better than a court case and an inevitable loss with the granting a return of goods order. are these 'health reasons' likely to resolve themselves in the very short term (like a couple of months?) and can she immediately begin working again ? i'e has she got a job or would have to find one?  answer the above and we'll try and help. but she looks to be between rock and a hard place . whatever happens she will still have to pay the loan off...car or no car....unless you can appeal to the finance company's better nature using health reasons to back off for xxx months.
    • no need to use it. it doubles the size of the thread and makes it very diff to find replies on small screens too. just like @username it - sends unnecessary alerts to people. everyone that's posted on your thread already inc you ...gets an automatic email alert when someone else posts.
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First Debt - Lowell - Capital One Credit Card


mhartley
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I was told to create a thread for each of my debt to see the best cause of action, so here is the details for the first one:

 

Creditor - Capital One

Type of debt - Credit Card

DCA - Lowell + many other names they go under

Current balance on credit file - £300

Default balance on credit file - £340

Default date on credit file - 12/09/2008

 

I get a call from them every couple of days on both my mobile and home number which is used for business. Letters every so often and text messages.

 

Any idea on the best course of action for this?

 

Thanks.

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I was told to create a thread for each of my debt to see the best cause of action, so here is the details for the first one:

 

Creditor - Capital One

Type of debt - Credit Card

DCA - Lowell + many other names they go under

Current balance on credit file - £300

Default balance on credit file - £340

Default date on credit file - 12/09/2008

 

I get a call from them every couple of days on both my mobile and home number which is used for business. Letters every so often and text messages.

 

Any idea on the best course of action for this?

 

Thanks.

 

So if no payments since sometime in 2008, the debt will be statute barred in 2014. Might be worth sending a CCA req if not done so already.

We could do with some help from you.

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If you want advice on your thread please PM me a link to your thread

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Hi mhartley,

 

Firstly, when did you take the credit card out?

 

I'm assuming you haven't asked them for a copy of the agreement yet?

 

With regard to the calls you can tell them that they must only contact you by telephone and that you will report them for harassment if they continue to do so.

 

I assume as you use the home phone for business you wouldn't be happy for the calls always to go to an answerphone where you could screen them first?

 

You can just delete the texts.

 

DD

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So if no payments since sometime in 2008, the debt will be statute barred in 2014. Might be worth sending a CCA req if not done so already.

 

I may have made a payment, I really don't know when, it's a long time ago.

 

CCA letter definitely the right thing to send? Is there a template at all? New to all of this :)

 

Thanks.

 

Hi mhartley,

 

Firstly, when did you take the credit card out?

 

I'm assuming you haven't asked them for a copy of the agreement yet?

 

With regard to the calls you can tell them that they must only contact you by telephone and that you will report them for harassment if they continue to do so.

 

I assume as you use the home phone for business you wouldn't be happy for the calls always to go to an answerphone where you could screen them first?

 

You can just delete the texts.

 

DD

 

Back in 2007 I think. It really is a long time ago to remember sadly. Call don't bother me much, as they are mainly recorded but can be a bit annoying.

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Yes you send this letter linked to, with a £1 postal order as the statutory fee due. Send to the DCA currently dealing and get proof of posting slip from the post office.

 

http://www.consumeractiongroup.co.uk/forum/content.php?414-CCA-request-letter.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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Ok, so it says to delete a part of it, i'm guessing that is the immediate paragraph so my letter looks like this:

 

Dear Sir/Madam

 

Re:− Reference Number XXXXXXXX

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77(6) will apply.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection From Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

We look forward to hearing from you.

 

Yours faithfully

 

Look right?

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no just proof of posting 2nd class

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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It is always best to send in your letters each time by RM RD so if it goes to court or further action you have a paper trail, also they can not say they didn't receive it it's worth it in the long run, Don't pay a DCA always the OC why line their pockets?

If I have been of any help, please click on my star and leave a note to let me know, thank you.

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It is always best to send in your letters each time by RM RD so if it goes to court or further action you have a paper trail, also they can not say they didn't receive it it's worth it in the long run, Don't pay a DCA always the OC why line their pockets?

 

 

Courts will accept proof of posting by way of the Free proof of posting receipts that can be obtained from the Post office .

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

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1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

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5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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well not really

 

if you cant wait till 6yrs from the defaulted date

when the account will vanish...

 

you'll have to sar cap1 and get all the statements

 

if you can PROVE that the default was SOLELY due to THEIR penalty charges

 

and you reclaim them

 

you might stand a chance on getting it removed early.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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dx is correct 'A default must be remedied with in the time scale set out in the original default notice', usually 14 days.

Paying the arrears after this time WILL NOT remove the default, it will remain on file for the 6 year period.

 

Failure to comply with the CCA Request means only that a judgement cannot be enforced in court, the debt remains payable and reporting on credit files can continue.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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I guess I was lucky then Vanquis removed mine when asked

 

A creditor can remove an entry if it decides an entry is wrong.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Letter back (not recorded) stating that they have requested a copy of my credit agreement and have asked the original lender for a copy and will reply as soon as they can. It says they will do their best to send me the information within 12 working days but this depends on when the original lender can send it.

 

Does this sound about right?

 

Thanks. .

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std crap

 

does NOT change YOUR 12+2 deadline

 

once gone

send them the failure to comply letter stop payments.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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