Bwlegal, Tomlin Order and CCJ, Capital One and Lowell

[rareflower]

Hello,

please could you read through the attached documents and let me know if the CCA is enforceable

and also, what should d be my next step with Capital One stalling in providing me with the Information I requested using the Subject Access Request.

 

They have used excuses starting with

You haven’t paid the £10.

I had and I wrote back to inform that I had proof.

 

Then they wrote back to say: you haven’t signed (which I didn’t I used a printed signature on word)

and that the address is different to that on our records.

This is amazing because they have been sending me letters /statements and new Capital One cards to this my present address for nearly ten years.

 

I had mentioned in my SAR that if they refused I would escalate this to the Information Commissioners Office

& if my complaint is upheld they would d be liable to a £5000 fine.

So looks like I may have to go ahead and fill out the complaint form.

 

What do you think?

 

By the way, I have copied all the letters they have sent in response,

so quite a few documents including one that is lengthy and looks like they recently typed it up

and claim that it is part of my CCA, which by the way they finally found a signed copy of

and sent along with the lengthy so-called CCA Act1974 documents.

 

Your help and assistance is greatly appreciated.

Thank You

 

p.s I forgot to mention the account was opened in 2004.

 

Also. Does anyone know how to make the documents bigger?

I saved them also in photbucket but got an error message when I tried to attach them from there. Thank You

 

Hi, can some one take a closer look at these documents. I've tried to get them all scanned.There are more documents to upload, but need advice as no one seems to have responded.

 

I've now attached the rest of the last 3 pages of the "so-called" terms and conditions that was sent with the letter and suddenly discovered signed "CCA".

 

Please note, all 5 pages of the "CREDIT AGREEMENT REGULATED BY THE CONSUMER CREDIT ACT 1974" - Terms and Conditions, ALL have the SAME Page number at the bottom left hand corner and that is ' V10# '.

CCA1.PDF

SCAN0001.PDF

SCAN0001q.PDF

SCAN0001r.PDF

SCAN0001s.PDF

SCAN0001t.PDF

[craigers]

Capital One are good at stalling when it comes to s78 and SAR requests if the agreement is dodgy. I had a problem with them asking for my signature. I refused and sent them bank giro credit slips off statements and a copy of my addresses on my credit report. They still refused to send the info, even though they cashed the postal orders. Its in the hands of the ICO now.

[Craigbadger]

Capital One are good at stalling when it comes to s78 and SAR requests if the agreement is dodgy. I had a problem with them asking for my signature. I refused and sent them bank giro credit slips off statements and a copy of my addresses on my credit report. They still refused to send the info, even though they cashed the postal orders. Its in the hands of the ICO now.

 

Nice to hear, my cheque was cashed 2 weeks ago so i'm being patient but not gonna hold my breath. Theyve clearly acknowledged so dont need a reminder.

 

OP try imageshack

[rareflower]

The fact is how can they say the address is different from what they have on file? yet nothing stops them sending letters statements and cards to my address, or when I have called them in the past one of the security questions was my address.

 

I have to try and get a better scan of my letters from them so someone can look at the documents and provide some thought and advice. I definitely will also go the Information Commisioner Route in complaining about their behaviour.

[Craigbadger]

Have a look at this. Looks the same as what they sent you at the top of the thread which on the face of it isnt bad, then they sent the original signed agreement with a SAR which certainly isnt ok.

I saw 2 Capone CCA's from November 03 and May 2005 and they were both those dodgy 1 sided ones with the signature in the middle and the 1 you have recieved looks like a later one, I mean how many Agreements listed the actual default charges before a couple of years back?, they could be found buried in the smallprint.

 

http://www.consumeractiongroup.co.uk/forum/capital-one/236866-mrs-ms-son.html

[rareflower]

Hello and thank you for that link. It looks like the same sort of letters I have been getting. I have just scanned the letters again to that they can be clearer. When I get home I will use Photobucket to blot out my personal details and re-post the letters, so they can be viewed properly.

 

The cheeky sods called a friend of mine on his mobile this morning because at one time a year ago, he had rang them up to get details of how to pay via standing order so as to helpme with the card debt. They have kept his number on file and called himthis morning!!!!.

 

I've filled out a complanit form to the Information Commissioners Office. I will have to update them about this breach when they respond to let them know the lenghts crap 1 is going to, but at the same time claim I haven't signed my letters therefore they cannot send me the Subject Access Request details. Incredible.

[Pinky69]

This is standard crap from CrapOne and they still haven't learned it is not a copy of an agreement. If it is 2004, they don't have one. It is an illegible scrap of paper with a signature box and Terms and Conditions they have dragged out of the attic which has no connection to the scrap of paper whatsoever. If you haven't done so already, send them the Account in Dispute letter then ignore them.

[rareflower]

Hello and thank you Pinky69 for responding. I am trying to upload the latest letter that came with that document. Unfortunately it was scanned on my behalf at work but my name and address appear on it, so trying to upload the one via photobucket that isn't that great.

 

I did send the account in disupte letter which is why the eventually seemed to have found this document with my signature on it.

 

What does bother me is where it says just above my signature that " This is a Credit Agreement rehulated by the Consumer Credit Act 1974. Sign it only if you want to be bound by its terms" !!!

 

Attached, is the letter that came as a reponse to the "Account in Dispute" letter which I sentto them. Hope you can zoom in and read it. I will attach pages 2 and 3 as those were scanned porperly.

 

http://i952.photobucket.com/albums/ae2/KayB_photo/Capital%20One%20Documents/2010_0313Capitalone0015.jpg

 

Hello MandM, yes I did have PPI , which I asked them a year or more ago to remove as I kept wondering why every month despite not spending on the card the outgoing sum of the card amount was like over £10. So studied it more, and realised, wrote them and asked them to remove it ASAP. So I would like to claim all that back. Even if I decide to pay off what I owe, I would like to know the difference between what was charged under PPI and late payment charges etc, against what I should actually pay....if I do. However they are stalling and have recently written to me claiming that my address does not match what they have on file!!!!

 

Hasn’t stopped them writing me at my address with statements, etc and sending new cards when they wanted to. (I’ve attached a copy of that ridiculous letter). Anyway, I’ve sent off the complaint form to the Information Commissioner’s Office with copies of their silly letters.

 

And yes, I have been reading other threads but so far no one seems to have received the accompanying 5 pages of suddenly drawn up terms and conditions.

PAGE 20001.PDF

PAGE 30001.PDF

Denial2.PDF

Denial2b.PDF

[MandM]

Hi rareflower I agree with Pinky.

 

This is exactley the same as the one they sent my son. I have had an SAR in with them since Last year and they are still stalling.

 

They asked for the signature even though they sent the agreement without one.

 

We sent another letter with his signature (sign guarded) and they still havent replied I gave them another 7 days which is up on Monday and then I will do as Pinky says and put the account in dispute.

 

It is worth reading other threads on here that are dealing with Crapone as you will get an idea of why they are called Crapone.

 

Mrs M

 

Did you have any PPI on this account.

 

Mrs M

[Dotty50]

Hi Rareflower,

 

It's always best to cover barcodes as well, just in case.

 

They are good at stalling and requesting signatures etc, just keep writing back to them and keep a paper trail.

 

I have tried to re-claim PPI and they have just refused but I will keep trying.

[silverfox1961]

Hi,

A lot of peeps don't post all of the T's&C's they receive. I certainly didn't. My T's&C's went over 12 pages.

If you haven't raised a formal complaint with Cap1, I would do so. They are certainly pi**ing you about.

 

When you (eventually) get your SAR back, I will guarantee they won't have included everything they have. You will then have to write back and demand the rest.

 

Once you have claimed back your PPI (once you have the statements) check to see if you have enough charges to offset any debt. If not then you could go the unenforcable route with the "agreement" they sent you.

[MandM]

Rareflower the one thing you have not mentioned is why you are asking for the documents in CCA & SAR have you defaulted on the card or is there another reason.

If you are not happy posting the reply up feel free to PM me.

 

Mrs M

[rareflower]

Thank you everyone for responding.

 

In regards to the barcode, I unfortunately missed a couple of those as I was preparing them for scanning.

 

PPI - It is possible that it will offset if not all, then a good chunk of that amount.

 

I sent the Account in dispute letter and I did inform them that I would make a complaint. So I have because they must have been calling my bluff.

 

The cheeky sods also called up a friend of mine this week trying to reach me as I have blocked their numbers on my mobile and home phone. He had helped pay some of the charges over a year ago and they had his mobile phone number, woke the chap up!!!

 

Unbelievable.

 

Anyway, thank you all for responding. Will see what happens next.

 

regards

 

Hi MandM,

 

I asked for the CCA and SAR, because it is my right to see what information they hold on me and mucking me about when I would like to work out what is owed me has aggravated me.

 

Also, no I did not default until the last two months just gone which is a whole 4 months after I first contacted them with the SAR and then the CCA request.

 

They were taking PPI off me for a number of years and my balance is well below £350. Imagine what that means to them if I claim back the PPI.....

[MandM]

Hi Rareflower.

 

What you have to concentrate on is getting the Statements from them,

 

We have a card at the moment which we owe £4500 on.

We have worked out that we paid them £4300 in PPI with the interest added on that sum went up to £15000.

 

We have got to a stage where we are saying so what about the DN, send as many threatening letters as you want, if we know they are wrong we will work out what they owe us. Then hit them where it hurts.

 

I have accounts that I am doing for my family and most of the one;s that have PPI on that we have asked for SAR's on have now come back after months of nasty letters and threats and asked nicely if we would like to arrange a favorable settlement, Why?

 

We recently won a case for a debt of quite a few thousand. When we first started we thought Oh god we are sunk. but after coming on this site and the advice we got from people we started to believe that we could win and we did.

 

Listen to what people tell you on here, someone will come along and give you the advice you need. Just be patient.

 

Out of interest when did you send off your SAR.

 

Mrs M

[rareflower]

Hello MandM

 

I sent the subject access request in October 2009 with payment and by recorded delivery have all my receipts.

 

It's now March 2010.....

 

I've sent off the complaints form with all the correspondence to the Information Commissioners Office.

 

Will see if that makes a difference.

 

Thank You all for your help

[MandM]

Anyway, I’ve sent off the complaint form to the Information Commissioner’s Office with copies of their silly letters.

 

Thank you everyone for responding.

I sent the Account in dispute letter and I did inform them that I would make a complaint. So I have because they must have been calling my bluff.

 

 

It's now March 2010.....

 

I've sent off the complaints form with all the correspondence to the Information Commissioners Office.

 

Did you contact them about their non-compliance to your SAR?

 

Mrs M

[Pinky69]

I wouldn't worry about "Credit Agreement" being on anything that CrapOne sends - they still haven't sent you a copy of your agreement and they can quote case law until the cows come home - it doesn't change anything. You still just have the scrap of paper and unrelated Terms and Conditions. I wouldn't take CrapOne seriously for one second.

[rareflower]

yes I sent them a letter about their non-complaince I gave them plenty of warning that if they did not comply I would pass this on to the ICO. They simply re-sent the letter saying sign and oh sorry your address does not match.....and that this is all they have to do under the law it is in the attachments I provided.

Denial1.PDF

Denial2.PDF

[workaholic duck]

Hi Rareflower, I got a 5 page typed version of so called T&C's! Mine all has V3 at the bottom, though. Must be because my a/c was from 1999.

They actually sent me a photocopy of my original application form, signed and dated by me and their sig too. No prescribed terms anywhere. (different to yours, perhaps because I'd requested a balance transfer). At first I thought it was enforceable because of the typed T&C's. Then I got to think they could actually type ANYTHING!

I've started a thread of my own, so not meaning to butt in. It was just you'd asked if anyone else had received same as you.

My reason for asking for CCA was to see how much interest was back then as they're now rate-jacking stupidly (from 11% to 34% in 11 years). Kept it pretty much up to date. Only thing I can think of is I successfully reclaimed a PPI a few months ago!! Anyway, I've closed it now at the old int rate. (That's what my thread was about).

[rareflower]

Hello and thanks for replying. No problem posting a response here. Just glad I am not the only one with this typed up nonsense called a terms and condition that I do not recognise as having read in my life. They have now sent me a letter informing me that I have missed two months payment, bla, bla, bla. I have ignored them. Will see what comes of my complaint to the ICO.

[sunflower99]

Hello and thanks for replying. No problem posting a response here. Just glad I am not the only one with this typed up nonsense called a terms and condition that I do not recognise as having read in my life. They have now sent me a letter informing me that I have missed two months payment, bla, bla, bla. I have ignored them. Will see what comes of my complaint to the ICO.

I got the same rubbish as you!

[rareflower]

Please could someone point me in the right direction in regards to phone calls a friend of mine is receiving in regards to my Capital One account.

 

He helped me pay via standing order a while ago and he suspects that because he used to have a Capital One card (which he has since discontinued) they have gotten his mobile phone number and are now pestering him looking for me and telling him to pass messages to me as I have completely ignored them.

 

Is this not a breach of the Data Protection act and can he report them to the Financial Ombudsman (whom I know are a waste of time) but at least Crap one will get charged for investigating the complaint against them and they just might stop calling him at all hours.

[Pinky69]

It's not the FOS for breaches of data - it's the Information Commissioner - and they have a backlog of 9 months. Can he change the number on his mobile?

[Dotty50]

Or just reject calls, Cap1 don't normally withhold their numbers.

 

They somehow got hold of my OH's recently and it will remain a mystery how they got it as he has never called them, but I answered a couple of the calls and just said it was a wrong number and not had any since.

[Craigbadger]

Or just dont answer 0151 numbers.

 

Relentless is the only word that comes to mind with Capone and there phone tactics.

Of my 5 creditors all of which ive had issued with they are in a league of there own. Yet they are the only 1 with a truely unenforceable agreement.

 

They stopped only once the 28 days from the dn passed.