spinningfish V Capital One

[hellhasnofury]

Well... Still no agreement. In fact, I've heard nothing from them since I sent the CCA on 7th March...

 

Anyone got any advise on what I should do?

 

Did you send it recorded delivery and checked they received it?

[spinningfish]

Oh yes. And yes they did receive it...

[wednesday1867]

Are you still paying them, if you are, stop

 

Send them a letter telling them about the "alleged agreement" and since they are now committing a criminal offence, you dont acknowledge any debt to their company.

 

Hopefully someone with better knowledge than me, will be along shortly

[spinningfish]

Seems logical...

 

Is there a template about for this...?

[spinningfish]

Hello all

 

On 7th March 2007 I sent a CCA request to Capital One, after they had been harassing me by telephone, rejecting my requests for payments of charges etc. The total balance outstanding was £1400, of £350 was penalty charges.

 

As soon as this was delivered by recorded delivery, on 8th March 2007, I neither received any documentation, nor heard anything from them again.

 

Until yesterday... When I received a letter from our old friends Robinson Way, claiming they had bought the account and I owed them £1,700!!

 

I'm thinking I should write back to them stating that a CCA was sent to Capital One last year, and that the account is in dispute. Any other suggestions??

 

Thanks as always...

[saintly_1]

You could try sending them this letter

ACCOUNT IN DISPUTE

Dear Sir or Madam,

Account number: XXXX XXXX XXXX XXXX

 

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original creditor/DCA** and has been since DATE 2007.

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

 

My last letter from **original creditor/DCA** was DATE and intimated that my complaint would be

resolved on **DATE**, this obviously hasn’t happened.

As **original creditor/DCA** are now in default of my Consumer Credit Act request, OFT Collection Guidelines, *Subject Access request and have also breached *s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.

 

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Now I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.

 

If **New DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

Yours faithfully

 

 

Remember to print your name

 

Hope that helps

 

saint

[spinningfish]

Thanks!!

 

Fish

[Goldlady]

I CCA'd Lowells about my Capital One card last April - I had a letter not long after saying they would respond when they had found it. Nothing since. So I will probably be hearing from some bottom feeder DCA shortly.

[spinningfish]

Said bottom feeder have now replied...

 

"Further to your recent letter, please send full details of your dispute, by return. Please enclose any copy documents which may back up your dispute. Please note, as we have now purchased this debt, we are now your creditor, not Capital One."

 

Anyone got a snotty retort they have used to good effect?

[Curlyben]

Leave it for a while until they send another demand letter, as you have already told them what the problem is.

Then throw this at them:

 

Formal Complaint

Letter before Action

 

Dear Sir/Madam,

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

May I draw you attention to my letter of XX/xx/xx in which I clearly out lined my position concerning this matter. I enclose a copy for your perusal and ease of reference.

 

**CREDITOR** has failed in my lawful request under the Consumer Credit Act 1974 section 78(1) and subsequent Statutory Instruments.

I formally advise you that since **CREDITOR** has failed to comply with the terms of the Consumer Credit Act that as from **DATE** they are in legal default on this alleged agreement. This default means that the alleged agreement from this date is totally unenforceable. **CREDITOR** may not apply any charges, cannot issue defaults, cannot sell or assign the alleged debt or cannot invoke any clause within the alleged agreement.

 

Furthermore you should be aware that a creditor is not permitted to take ANY Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* may not demand any payment on the account, nor am I obliged to offer any payment to you.

* may not add further interest or any charges to the account.

* may not pass the account to a third party.

* may not register any information in respect of the account with any credit reference agency.

* may not issue a default notice related to the account.

 

Therefore this account has become unenforceable at law.

 

As **CREDITOR** have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

The mere fact that they have passed this account to you while it is in dispute and default is also in breach of the Data Protection Act 1998.

 

After taking advice, I am of the opinion that your continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets.

 

I would appreciate your due diligence in this matter.

 

I await your rapid response.

 

Yours Faithfully,

[spinningfish]

Cheers Curly...

[spinningfish]

Going to use your letter now, Curly, as I got a notice of legal proceedings.

 

Proper quaking in my boots now.

 

No. Really.

 

Honestly.