CCJ - Without my prior knowledge

[missworry]

Hey once again thanks for all the help, from what you have written I can tell I will be needing your assistance in the not too distant future:-)

 

I don't know if this is of any relevance but I just looked at the recorded delivery receipt.....and I posted my CCA request on 16th April 10

On their covering letter that accompanies the CCA the date is 26th May10

I thought there was time line for this - in your disputer letters that you posted here I notice you say 12+2 days?

Edited June 13, 2010 by missworry

[beachcomber60]

Hi missworry (and big hellos to sunflower ),

 

Got your pm, first of all DONT WORRY, I'll read your thread during the day & come back to later, at what stage are you with HL ?

As C1 served a DN yet & if so could you scan & post it to your thread (after removing personal info & any barcodes, has the account been terminated).

 

Sorry if you've already mentioned else where, not had time to read the whole thread yet.

 

Beachy

[missworry]

Hi Beachy,

 

Thank you for getting back to me..

 

Yep Cap 1 Has severd a default notice and I will put it on here it later this evening.

In my pdf that I posted ( I sent you the link in my Pm) Is to date the communication I have had with them where they are threatening legal action by the 17th June.

Today I posted a letter to Cap1 requesting a true copy of the CCA, Also another letter was sent to CapQuest notifing them that the account was in Dispute as Capital One had failed to supply me with the documentation that I had asked for first time round (CCA).

Although I have written to CapQuest explaining the situation what else could I write to buy more time for myself?

 

Once again I really appreciate you taking the time out to take a look at my thread:D

 

Hi,

Here it is....

CAp1 DN.pdf

[beachcomber60]

Hi missworry,

 

What you have just posted is a statement of default (this follows a Default Notice), did they not issue an actual Default Notice? If they have its probably invalid.

 

Excellent advice & templates from Sunflower (chairperson of the Capone Fan Club). I to tried to 'visit' their offices in Nottingham to view my agreement in order to 'resolve' my dispute sadly capone wouldnt allow it.

 

So capone are still sending out the same rubbish but now say its all they need re: Carey v HSBC - utter tosh IMO.

 

Two things that jump out at me - HL's letter note the word 'may' - if they were that sure of themselves it would read 'will', that letter is a frightner as was mine.

 

It is a widely know fact that with the early capone agreements upon signing and sending back to capone all they did was to scan the signature box for their filing system and destroy the actual agreement (bet the never dreamt the day would come when the consumers could fight back ). in one of their letters to me they actually stated that all they have is the scanned signature box but claim thats still enforceable.

 

If and its a big IF they want to proceed to court then they MUST produce the original agreement.

 

As for trying to talk to capone on the phone - the answer is DONT - they are amongst the rudist people sorry 'things' I've ever dealt with ( that goes for their in house dca Debitas (capone in wolfs clothing - but with no teeth).

 

Send capquest sunflowers dispute letter and copy of it to HL, add a ps that you will file complaints to OFT, Trading Standards & your MP as they aent 'entitled' to demand any payment from you while your dispute isnt resolved - dont expect capone to suddenly come up with the agreement, especially from 2002, because they CANT.

 

Before I found CAG I tried everything possible to reach a compromise with them while we sort our lives out (loss of employment), they will not listen , all they want is your money & they dont care how they get it, if they've asked for an I&E statement from you dont supply it - they have no legal rights to it, I had massive arguements with them over this (thats how I found CAG).

 

Beachy

[missworry]

Hi Beachy,

 

Thanks for the reassurance, just like Sunflower you've been invaluable.

 

I have read a few threads on CAG in relation to Capone and many of us seem to be encountering the same problems, which in strange way I do find comforting. I have noticed that many individuals still owe thousands to Capone and it looks like it monies will never be returned to the credit card company where no enforceable contract exists. Taking this into account are there any examples here where Capital One have given up perusing a debt?

 

Cheers

 

PS. Not forgetting help from Craigbadger too.

Edited June 15, 2010 by missworry

[beachcomber60]

Taking this into account are there any examples here where Capital One have given up perusing a debt?

 

You could say they give up by selling the account to some greedy dca who should know what the early capone agreements are like.

 

Mine went to Debitas, capquest/HL before going back to capone where its been filed away for over twelve months now, on the other hand OH account was 'sold' off while in dispute to a dca without any of the hassle that I had to put up with, however it is exactly the same type of 'scanned' signature page that they claim is an enforceable agreement backed up by an invalid DN - so they wont be getting a penny

 

I am surprised that they sent you a Statement of Default but have not issued a Default Notice as this could be the killer especially if they have terminated the account.

 

Beachy

[sunflower99]

Hi missworry (and big hellos to sunflower ),

 

Got your pm, first of all DONT WORRY, I'll read your thread during the day & come back to later, at what stage are you with HL ?

As C1 served a DN yet & if so could you scan & post it to your thread (after removing personal info & any barcodes, has the account been terminated).

 

Sorry if you've already mentioned else where, not had time to read the whole thread yet.

 

Beachy

Hi Beachy

Hello to you too! Thanks for all your help with this thread!

[sunflower99]

Hey once again thanks for all the help, from what you have written I can tell I will be needing your assistance in the not too distant future:-)

 

I don't know if this is of any relevance but I just looked at the recorded delivery receipt.....and I posted my CCA request on 16th April 10

On their covering letter that accompanies the CCA the date is 26th May10

I thought there was time line for this - in your disputer letters that you posted here I notice you say 12+2 days?

Hi Missworry

Just that if they take longer than 12 working days though they have not committed a crininal offence they have still done wrong by keeping you waiting over that time and they are supposed to supply agreement witthin 12 working days and another thing you can point out of their wrong doings in any letter you send!

[missworry]

Hi Sunflower/ Beachy

 

I followed much of the good advice given by both of you. I did write to Capone giving them another opportunity to supply me with a copy of my original CCA. They just can't seem to help themselves as they sent me pretty much what they sent the first time. It is clear from their letter (attached) that they have had enough of my annoying requests and are not going to assist me further in my pursuit for the proper documentation.

As they have disregarded many of my written requests in the past and I feel it only fair that I extend them the same courtesy and now bombard them with correspondence in relation to this matter:-D

In addition I sent CapQuest a letter notifying them that my account was in Dispute. I went on to explain how Capone had been slow to provide me a CCA then when it did arrive it was not what I had asked for as the document was incomplete. CapQuest replied to my letter and they claim that they have contacted Capone on my behalf and they await their response:-D

 

I have attached a letter from CapQuest that I thought you might find of interest. CapQuest have made me an offer of settlement by reducing the outstanding amount by £500 approx.

 

Thanks for all the help thus far.

 

I hope you're all having an enjoyable weekend.

 

 

PS. Beachy, I found the Default Notice:

http://www.consumeractiongroup.co.uk/forum/capital-one/254627-third-party-debt-collection-3.html#post2980415

Capone + CapQuest settlement offer.pdf

[beachcomber60]

Hi missworry,

 

Yes enjoying the sun thanks (while it lasts )

 

Cant find your post of the DN.

 

As for capone - normal drival from them, account in dispute.

 

As for cappyq - normal rubbish from Marcus Butterworth, if he's threatening litigation (I have reply to that but cant post at the moment as I'm using my phone & need the PC at home) why is he 'offering' a F&F' settlement?

 

Beachy

[missworry]

Hi Beachy,

 

Pleased to hear you enjoying the weather.

 

I didn't know that 'Butterworth' has some notoriety on CAG ? I thought he had taken pity on my case and was feeling benevolent. There was I feeling smug thinking he'd earmarked me for special treatment - his letter sounded so warm and helpful it almost brought a tear to my eye:lol:

It would be great if you post your letter here as I would like to see it.

 

I have uploaded the DN (pdf).

 

 

Have a lovely day and thank you for your reply

CAp1 DN.pdf

[sunflower99]

LoL!:lol::lol:

 

As Beachy says the same old drivel churned out over and over again!

 

Hi Miss worry

Do you want us to rserve a place on the coach if the crapital one fan club ever get an invite over to their offices to view our alleged agreements! I think i really upset them as i never heard from them again !

[missworry]

Hi Sunflower,

 

Damn right I want a seat on that coach trip, wouldn't miss it for the world and I'd even pay for the Diesel..............by credit card of course:-D

Edited June 20, 2010 by missworry

[sunflower99]

LOL! Though it will have to be a whole fleet of coaches! I reckon!

 

Beachy said we would supply some food for the picnic and i will provide the wine!

[missworry]

I know the agreements that we refer to are no longer in existence. Has anyone gone to the media about this? Surely if they did it could cause Capone so many financial problems and in doing so it may get us all off the hook:)

 

P.S Sunflower, the food and wine sound a fantastic idea - while the weather is fine we could have a BBQ in the capone car park ....think of the publicity:-D

[beachcomber60]

Hi missworry,

 

As far as Mr MB is concerned, have a read of this thread - it'll put your mind at rest .

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/247828-capquest-new-improved-terrifying.html#post2774988

 

 

Also send Mr MB this one, (edit/amend to suit) recorded delivery - if he ignores it and still threatens litigation give me a shout.

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/574-letter-when-account-has-been-passed-on-whilst-agreement-request-is-in-dispute

 

PS. Been without broadband connection all day so havent had chance yet to look at the DN, will get back to you.

Edited June 21, 2010 by beachcomber60
PS added

[missworry]

Hi Beachy,

 

That 'Butterworth' is a sly old Dog isn't he :grin:

 

Thanks for the two links, very helpful indeed.

 

I will keep you posted on the 'Butterball' situation... sorry did I write 'Butterball'?....I meant 'Butterworth' whoops!

 

Once again, thank you so much Beachy you're a star!

[missworry]

Hello,

 

I have just checked my credit file,

 

 

it would a appear within the last few months I have received a CCJ.

 

 

This has come as a bit of a shock mainly because I have not lived at my old address for 12 months.

 

 

Therefore, I was not in a position to have been made aware of the impending action.

 

 

Needles to say, my absence in court was sufficient grounds for the judgement to be served.

 

Can I apply to the courts to have this judgement removed?

[dx100uk]

nope

its your responsibility to inform your creditrs of a move of address

 

 

I'll guess this is a DCA that has done this?

they purposefully look for accounts like yours whereby they know you've moved

and wont get any of the paperwork and they get a default rubberstamped judgement without anything being checked.

 

 

tell us about the debt please etc etc

[missworry]

nope

its your responsibility to inform your creditrs of a move of address

 

 

I'll guess this is a DCA that has done this?

they purposefully look for accounts like yours whereby they know you've moved

and wont get any of the paperwork and they get a default rubberstamped judgement without anything being checked.

 

 

tell us about the debt please etc etc

 

Hi

 

Thank you for getting back to me so quickly.

 

The debt was with Cap1.

 

 

In 2010 requested a copy of CCA

 

 

They failed to supply prescribed terms and signature on the same paperwork, etc,

[dx100uk]

what this one?

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?254627-Third-party-debt-collection

[missworry]

what this one?

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?254627-Third-party-debt-collection

 

Yep.

[dx100uk]

ok i'll merge them.

[dx100uk]

done.

 

now I would assume its a dca that got the CCJ?

 

you have the CCJ number

give northants bulk a ring and ask for a copy.

 

but I fear there is little you can do about it

unless you can prove the claimant already knew your correct address ?

that will be a start

 

what date was the CCJ too?

[missworry]

ok i'll merge them.

 

Thank you.