Capital One/Capquest/Lowell

[lowwill]

Thank you 42Man I will read, digest, copy and send this evening hopefully.

[zazen.warrior]

Normal Capone response.

 

I have one just the same, they know it's unenforceable, it's been pointed out to them often enough...

[lowwill]

zazen warrior may I ask what did you do then?

[lowwill]

Good Afternoon guys, well two letters in one envelope today but to my confused mind they seem to contradict each other. As shown above they did not send a proper CCA but the letters shown I have now sent the letter suggested by 42Man but it must have crossed with these two new ones. Any advise is always welcome please.

 

 

 

Well please help if you can.

Edited August 26, 2009 by lowwill
Name showing

[DonkeyB]

You've left some personal details on there - suggest you edit quickly!

[lowwill]

DonkeyB please help me where?

[DonkeyB]

DonkeyB please help me where?

 

You got it!

[Pinky69]

Ignore this. Let them terminate the account the tell them their DN is unlawful because 1) all statements about action they will take must be "clear and unambiguous." Stating they may add costs is not clear and unambiguous. They cannot add any costs without a court order or unless it is specified in the agreement. 2) The paragraph about the debt collection is not clear and unambiguous. They "may" pass it to debt collection - will they or won't they? - that is not clear. And they cannot say what a debt collection agency may do. That is speculation and cannot be known.

[lowwill]

Well I sent the letter 42Man recommended on 28 August which means they have until 16th Sept to respond, but in the meantime they have ignored it and sent me today the following but still no CCA.

 

and the back page

 

 

I feel as though I should respond by acknowledging the letter but also pointing out that the account is in dispute because they have not addressed the issues.

Please as usual any advice is more than welcome.

[lowwill]

After an unacknowledged request for a CCA complete with £1 postal order, a letter from me telling them the account is in dispute (not acknowledged) I have today received this one. Persistant they certainly are but no-one seems to singularly want to put their name to anything. So far I have had about 11 letters in two months with 5 copied signatures on them. What do I do with this one? Any advice please?

 

[debt4get]

file with the rest...account is in dispute but crap1 never pay any attention they just seem to carry on regardless

[dcakiller]

The account is in lawfull dispute so complain to oft,trading standards and your local mp and make a complaint with capital one making them aware that you are complining to all.

[king123]

Subscribing as I'm likely to be in the same boat soon and we may be able to help each other out.

 

Am I right in thinking that the "CCA" they sent you is (like mine) devoid of any signatures?

[veryweary]

Cap1 sent me a similiar 'faulty' default notice last year when I had faithfully made payments for 4 years. They'd also asked me for doctors information, and being naive I'd also sent them it at a cost of £30 to obtain. But I'd never make the same mistake again, they have no legal right to all this personal info and how can a debt collector interpret medical information anyway?

 

I got an application form with a signature but no prescribed financial terms , put the account into dispute in 2008, stopped payments and never heard another word by phone or letter apart from a Final Response from the infamous Ellie Renshaw to say CAp1 would defend any acourt action I took??.

 

1 year later I've now received a letter from Lowells saying they now own this account, sent them a bog off in dispute letter using the templates and now waiting on their reply. Seems this is the usual merry go round for CAp1.

 

Don't worry about them you'll get all the help you need to deal with them on this site.

[lowwill]

king123 they have not sent me a CCA have not even acknowledged my letter.

very weary thank you for your repsonse also.

Going to post again now about Marbles on another thread. Boy oh boy thank goodness I have got less to do than I have already done.

[king123]

I know the feeling mate. Good luck!

[veryweary]

Just noticed Cap1 asked you to cut up your card and return it to then.

Don't send that card back, cut it up but don't return it. There's an MBNA thread on the forum where MBNA produced a cut up card in court and it affected the court case outcome..

 

Not sure if Cap1 would try this for themselves but best not to give them any oppurtunities;).

 

Good luck with your Marbles (HFC) battle, I'm sure you'll get plenty of responses there too:)

[lowwill]

Well yet another letter and yet another new name and title to add to the list. Still no response to either my request for a CCA and no response to my letter stating the account is in dispute. Any ideas please and are there any other letters I can send. Any advise as always is very welcome.

 

 

[sillygirl1]

Try this, in the same vein as their letter to you

 

NOTICE OF DEBT IN DISPUTE

 

The CCA which relates to this alleged debt was formally requesed on XXX. The Office of Fair Trading guidelines state that you should not chase this alleged debt whilst the CCA is still outstanding, therefore I will be informing the OFT of this breach.

 

Default Sums and Interest

May not be charged on this alleged debt as you have not provided me with the CCA - until that time you are again in breach of the OFT guidelines and this will be highlighted to them.

 

Office of Fair Trading Information Sheet

I attach this for your information with your breaches of the guidelines for debt collecting highlited. Please pass this to your Compliance Officer for their information - a copy of this letter and leaflet are being addressed directly to them for their action.

 

Until the CCA is produced

You have no moral nor legal obligation to chase collections on this debt

 

Goodbye

 

DONT SIGN THIS LETTER - use a Signature font.

[lowwill]

Thank you sillygirl1 your support isjust great and you have given me an option. Thank you

[Pinky69]

They are not listening to you and even if they did listen they haven't a clue about consumer law. Send your letter to their Complaints Department with a copy to the OFT and mark the bottom "CC The Office of Fair Trading Consumer Credit Licence Department " - that might waken them up a bit!

[lowwill]

Thanks Pinky69 sounds a great idea.

[Dotty50]

Hi, Lowwill

 

Just to let you know you are not alone in the battle against Cap 1, although I guess you already know that by using CAG.

 

I have been waiting for Cap 1 CCA which I requested at the end of April.

 

Getting regular reminders now I have stopped paying and constant phone calls, just had a call from a different number 08005 610170 it's usually 0121 213 7990 and they call my works number twice a day!

 

Have sent harassment letter but they take no notice.

 

Think they have more telephone numbers than BT!

[Artie44]

Getting regular reminders now I have stopped paying and constant phone calls.....and they call my works number twice a day!

 

Have sent harassment letter but they take no notice.

I just got this from Trading Standards.

 

"In reference to your enquiry, a debt collector would be able to speak to you once a day to discuss an outstanding debt. It is worth noting that they can call you however many times they wish, but once they have spoken to you, they should not call again until the next day. I should also point out that although a consumer can request that a company only correspond in writing, it would be the credit company's choice whether they accept this request."

[king123]

I personally would find a call a day (plus however many missed calls) harassing and distressing. I'm surprised Trading Standards don't think that way too, but their word is not gospel.