Robbersway And 1st cap1 card debt

[Rayn2036]

Hi everyone, its me again with another debt.

Stupid me got burden of debt.

 

 

I received a copy of my agreement with no terms and condition.

 

I also received few statement showing my token payment.

 

What I have also noticed from the statement is,

 

credit limit on Capital one credit card was £1250

however debt went up to £1694 after I enrolled with DMP.

I guess they are all late payment charges.

I have already sent SAR to Capital One.

 

Now my big question is,

is this debt enforceable at court of law?

 

Is there anyway I could get out of this?

 

Should I make F&F offer to Rob&son Way?

 

I have 10 days to reply but I am going away for 3 weeks towards end of next week.

 

I don't want CCJ as my CRA file is clean and don't want court letter while I am away.

 

Please help.

[renegadeimp]

ANy late payment charges/penalty fee's, can be reclaimed, so ignore that.

 

Regarding the CCA you recieved, it is 100% not enforceable. Especially if all you recieved was that signature box and nothing else.

[dx100uk]

just to clarify thing

 

how have you been paying this and for how long?

you mention a DMP?]

 

when was the card taken out?

 

it is on your cra file?

 

dx

[Rayn2036]

Hi DX,

 

I have been paying £2 since late 2002.

 

Agreement was signed in January 2001.

 

Currently nothing on CRA file, so must have fallen off after 6 years.

 

I never looked at my CRA file for last 10 years as I had nothing to look for.

 

So I don't even know whether all my debt were defaulted in first place.

 

I would assume they all would have.

 

My current credit file is clean and credit score is at the highest level.

 

I do not want to ruin my credit file as I am on the verge of getting a mortgage so I have somewhere decent to live.

[dx100uk]

well they cant put it back on the cra file

so don't worry about t hat.

 

as there is no T&C

which there MUST be for it to be a compliant CCA return.

 

and they must be the ones AT THE TIME

of the card being taken out

 

i'd phaps write back with the failure to comply letter

 

no T&C's

 

I don't think brig is around for a while

 

might be an idea to await his expert input.

 

dx

[Rayn2036]

Thanks DX for your advice. Non-com was sent couple days ago but this came through the post yesterday. I will draft another non compliance pointing out missing T&C's.

I guess Brig's got problem with his hand, I prey for his speedy recovery.

[renegadeimp]

Dont send them another letter. It isnt your problem to chase them up and give them the info they need to create the document.

[Rayn2036]

Hi Rene,

 

I am away for 3 weeks from 27th Sept.

 

I am worried about everything kicking off while I am away.

 

I have sent SAR (OC) and CCA ( DCA) request to 8 different company.

 

Only 2 replied back with my CCA request.

 

 

I Hope Rob***on Wa* wont pursue through the court straight away while I am still paying token payment.

[renegadeimp]

Nothing will kick off. Robbers way are all talk and very little action. As we've already told you, the CCA is completely unenforceable in court. DOnt tell them that, they know it isnt enforceable. They are hoping you dont know any better so you pay up.

 

If you really want to, you can send the non compliance letter again.

[Rayn2036]

well they cant put it back on the cra file

so don't worry about t hat.

 

as there is no T&C

which there MUST be for it to be a compliant CCA return.

 

and they must be the ones AT THE TIME

of the card being taken out

 

i'd phaps write back with the failure to comply letter

 

no T&C's

 

I don't think brig is around for a while

 

might be an idea to await his expert input.

 

dx

 

Just got back from holiday and I have piles of letter to go through. I am not sure if BRIG is around to help me with this.

[dx100uk]

scan 'em up

 

dx

[fletch70]

I imagine they will try a bit of bullying before they let it go.

 

Certainly if what you posted was all they sent you then yes it is 100% UE.

 

If they reconstituted the full agreement with all the PT's and sent you the T&C's from inception

and default along with a statement of account it could be enforceable .

On that basis you would have to stand up in court and make a positive statement that you never signed the agreement

or various other things.

 

Arrow recently sent me a UE agreement and when I told them it was UE they claimed it wasn't

but suggested that I go to court to have it declared UE..no way would I do that.

They then made vague threats about continue the collection process in the way described (IF ANY) 6 weeks now and not a peep

[Rayn2036]

Received SAR from CAP 1. Please see below bullet points with attachment. I appreciate you feedbacks.

 

1) Agreement consist of just a box of signature as attachment above. No T&C's - Certainly this is UE?????

2) Statements shows late payment fee and interest totalling £444.00 - How do I claim this back?

3) It shows Default notice and other entry on Memo

- This is my biggest fear, Does this mean account has been already defaulted if yes, can they default again?

 

Final Question:

 

Can I now stop paying Robbers Way the token payment?

How Do I claim back interest and late payment charges with CAP1?

If I stop paying token payment to Robbers Way, will it effect my claim with CAP1?

 

Thank you.

[fletch70]

I do not think you can claim the interest back but stand to be corrected.

 

The late payment/penalty fees can probably be claimed back BUT depending on the agreement between hoist

and Cap1 it is possible that they will effectively just get deducted from the balance.

 

I can not see anything that shows what the late payment fees are or when they were added,

you need to fill in one of Dx's charts to work that out,

I am sure he will post one

 

I would stop paying RW after telling them that the account is in dispute

because what they sent did not include the PTs and is therefore UE as per S127(3)

 

Maybe something like

Dear Sir

Thank you for your letter dated xxxxxx the contents of which have been noted. I would respectfully ask you to refer your clients to S61 CCA 1974 and S78(6) CCA 1974.

 

Yours

sign digitally

Edited November 1, 2013 by fletch70

[dx100uk]

if they.ve not sent the T&C's at inception & a CURRENT copy of the t&cs.

and a statement of account

 

then robbersway are in default of the ca request

 

you've sent the failure to comply letter already

 

they cant default the account again its gone off the cra file now.

 

quite honestly you've lined their pockets enough on a debt that was most probably not all owed

[re PENALTY charges + poss PPI.]

 

time to stop paying and ignore everything unless its a court claim form.

 

as for the PENALTY charges

 

if they are not within the last 6yrs

[which I don't think they are]

 

you've got little hope of getting them back

and even then, it'll come off the balance I bet anyhow.

 

dx

[fletch70]

I believe that the current T&C's should be the ones at default/termination. However if the DN is bad then they need to be up to date ones as the account has not been defaulted or terminated

[dx100uk]

this is your cap1 debt with robbersway

 

dx

[Rayn2036]

[fletch70]

Whats happened to this thread, I am sure large bits are missing

[Rayn2036]

There is a new thread for the missing bits. Please let me have your feedback on both the threads. Thanks

http://www.consumeractiongroup.co.uk/forum/showthread.php?409427-Capquest-chasing-2nd-Cap1-card-debt

[fletch70]

Thanks Rayn

I am completely lost, I am sure you uploaded a completely different CCA agreement yesterday with blank pages etc . Am I going mad?

 

Can you just clarify for me, One debt owned by capquest and collected by robbers or two different capital one debts , one with capquest and one with robbers?

[Rayn2036]

Hi Fletch, sorry for the confusion,

 

They are two different debt, OC being CapOne on both the debt. One is being collected by Robber Way and another by Capquest.

 

Capquest thread has the attachment with blank pages and they are infact blank pages apart from couple of informations. Please see my other thread for the attachment again.

[Desperate Daniella]

Hi Rayn,

 

This letter is quite simple.

 

Say that you have asked for a copy the alleged credit agreement relating to this account and they have responded by sending you a copy of a signature box.

 

Then: (which states the bloomin' obvious in a way they should understand)

 

Underneath the signature box there is a big arrow and immediately underneath that it says, "Simply sign in this box and return the full page agreement in the freepost envelope."

 

I require you to send me a copy of the signed full page agreement.

 

I would refer you to the Waksman Judgment in Carey v HSBC, paragraph 234 (4) which states that where an agreement has been varied a copy of the original agreement must be supplied.

 

I would also remind you that you have an obligation under the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR 2008) to advise me if you hold, or have ever held, a properly executed Consumer Credit Agreement pertaining to myself. If no such document exists you are equally obliged to advise me of the fact.

 

 

I'd be absolutely astonished if they can come up with an enforceable agreement. I haven't seen one in five years!

 

DD

[Rayn2036]

Thanks DD, all typed and ready to do.

[Rayn2036]

Update - received further more paperwork from Robberway. Please see attached.