spinningfish V Capital One

[spinningfish]

Capital One put a late payment fee on my account about 6 months ago, which put me over my limit. Ever since then they have been applying more and more charges - It's upto about £600 so far!! And yet they keep going. They keep ringing my mobile ALL the time. It's driving me potty. I keep telling them that if they refund the charges, which are unlawful anyway, then I will pay for the part of my account that I actually owe!

 

I sent off the SAR, Recorded Delivery, with the required fee, on 11th November 2006.... Still nothing received. Not even an acknowledgement.

 

At what point do I hit them with another letter? is is after the 40 days has passed? What letter do I send then?

 

Thanks

 

Spinning...

[spinningfish]

OK. Posted them them a SAR reminder letter telling them their time is running out, and the harassment bit, as they keep ringing me ALL THE TIME!!!

 

The only thing that conerns me is that once they have removed the charges, will they close the account and demand all the money, that I rightfully owe them, back in one lump sum???

 

I'd be royally shafted if this was the case....

[stadium_arcadium]

With my settlement they paid off my balance and sent me a cheque for the remainder. This seems to be the norm. When I called to close my account they tried to talk me out of it!!! It wasn't until I reminded them I had recently claimed back their unlawful charges that they gave in! Unbelievable!

[spinningfish]

OK. Got the list of charges and sent of my letter asking for it all back, as per the templates. This was sent Special Delivery on Wednesday last week.

 

I haven't been paying the minimum charge every month because of the dispute of charges. However, just got a call from Crap One's pre-default depatment saying that they're going to default me if I don't make a payment to them by the end of December.

 

Anything I can do?

 

Thanks

 

Mr Fish

[ukaviator]

Hello

 

You must still make your monthly agreed payments even though you are claiming from them for your charges. Otherwise they will default you and that is hassle you don't need.

 

Uk..

[spinningfish]

Hello

 

I sent SAR's and most recently (14/12/2006) the letter asking for money back for my Capital One Credit Card. Basically their charges have pushed me over my credit limit, and they keep increasing.

 

I have advised that I will pay them once they remove the charges, and I can pay what I RIGHTFULLY owe, then I will start paying again, as the monthly payment is now heavily over inflated with their charges and interest on the balance of charges.

 

Problem is, they have not replied to my letter of 14/12/2006, asking for my money back (Template Letter), and they are going to Default me if I don't pay before Jan.

 

I can't actually afford to pay what they are asking, and they won't accept anything below that amount.

 

Help!

[spinningfish]

bttt

[Guest Alison82]

Write to them again and if they still do not respond issue a summons. I was in exactly the same situation as you abou 8 months ago and I ended up getting my money back and I am now below my limit.

 

So keep going and follow procedure.

 

Good luck:)

[Jhawc24]

They are not supposed to default an account if it is in dispute as per Banking Code, whom they are members of.

 

Although they defaulted me after I had issued court summons, even though I wrote prior to the default reminding them that they couldn't. So problem is they will probably default you, but you can add this to your claim for full removal. I couldn't do this because I had already started court action (hindsights a wonderful thing!) so am having to pursue the matter seperately.

 

I would write to them and remind them that as the account is in dispute as per Banking Code Sec 13.6 they cannot report your account to the CRA's. If they persist then complain to the Information Commissioner.

 

Good luck, Joan

[spinningfish]

I recentley contacted Crapital One regarding being made to take out PPI, as a condition of securing a credit card, and asked for it back.

 

They wrote back and effectively told me to get stuffed, saying I should of cancelled it within 14days if I wasn't happy. Plonkers.

 

A couple of questions in relation to this:

 

1) If I send a CCA request for the PPI agreement, and they can't supply this, do I have a case to get it all back?

 

or

 

2) I am currently rejecting an offer made by the lovely Mr Udy at Crap One, so in my rejection letter should I also add that I want "£xxx of penalty charges, plus £xxxx of PPI that you b45tard5 mis-sold me"???

 

Thanks in advance

 

Mr Fish

[spinningfish]

Bump....

[pturner]

hello Spinning fish,

 

Be interesting if they cant supply it. I made CCA with EGG Card. They only returned signed agreement with no mention of PPI that was added to the account. Have sent letter today asking for this information that was omitted from the reply to my CCA.

 

Be good to hear how you get on...

 

Keep me posted

 

 

 

Phil Turner

[reidnet]

If they cannot supply a copy of the exectuted CCA with the PPI included then what evidence do they have that you actually opted for the PPI.

 

Ian

[spinningfish]

Very interesting...

 

I am going to send a CCA request to them today in respect of the entire debt and the PPI...

 

Thank you for your help...

 

will report back!!

[reidnet]

Good luck

 

Ian

[spinningfish]

Hello all

 

Just reporting back... Sent the CCA request on the 7th March, by First Class recorded delivery.

 

Haven't received a thing from them, and by my calculations they have gone over the permitted thirty days - or am I wrong here?

 

They haven't even called to chase the debt? What should I do next?

 

Thanks

 

Mr Fish.

[hellhasnofury]

Hello all

 

Just reporting back... Sent the CCA request on the 7th March, by First Class recorded delivery.

 

Haven't received a thing from them, and by my calculations they have gone over the permitted thirty days - or am I wrong here?

 

They haven't even called to chase the debt? What should I do next?

 

Thanks

 

Mr Fish.

 

Hello Mr Fish.

 

I am not an expert and anything I say is in my opinion only, I have read a few thread in the debt section and if they do not have a ca regarding this loan/credit card, they cannot enforce payment of the debt unless through a court, which I doubt very much they will do, because the do not have or have produced the ca. Maybe that is why they are not chasing you for payment.

 

I would still continue with your claim for the ppi and report them to ts and oft for non-compliance,

 

by not supplying you with the ca they have committed an criminal offence:-D

[spinningfish]

Hello all

 

Sent a CCA request on the 7th March, by First Class recorded delivery, to Capital One as I am querying whether they have a signed agreement for the PPI they misold me.

 

The thing is, I haven't received a thing from them, and by my calculations they have gone over the permitted thirty days.

 

They haven't even called to chase the debt? What should I do next?

 

Thanks

 

Mr Fish.

[reidnet]

If they cannot produced a copy of the executed agreement they cannot enforce the debt unless through the courts, Of course the court will take a very dim view if they cannot or will not provide a copy of the agreement.

 

Ian

[spinningfish]

What happens if they produce the document outside of the thirty day period? They have committed an offence, but what does that actually mean for me?

[hellhasnofury]

What happens if they produce the document outside of the thirty day period? They have committed an offence, but what does that actually mean for me?

 

Hello,

 

If they produce the agreement after the thirty day, yes they have commited a criminal offence and this can incurr a heavy fine:grin: . So don't think they will dare to actually produce it:grin: Or they will look true burks infront of the judge.

 

If you have a read on some of the threads on the general debt section, There is one call Credit Act Agreement. It is a long thread, probably will take you a week to read, but you will get the general consensus of opinion.

[rory32]

Hi,

You need to give them a bit more time as its 12 working days from receipt of the request to supply you with an agreement. Then another 30 days (not working days this time) for them to have committed a criminal offence. I have inserted a letter which I thought was quite good as a response to non compliance of CCA especially if your looking to get defaults removed. I know its Cabot rather tha Cap One but you should get the idea. Please note though non compliance is a criminal matter not a civil one so although you can seek damages through a civil court for damages to you (e.g. reputation, difficulty getting credit, etc) this will probably be only a couple of hundred pounds and at the courts discretion. The criminal matter I would use as a bargaining chip as depending on how much your debt is they may decide to right it off rather than be fined in a criminal court.

Hope this is useful.

 

http://www.consumeractiongroup.co.uk/forum/cabot/36665-cabot-again-urgent-help.html

 

Without Prejudice

 

25 October 2006

 

Mr K Maynard

Chief Executive

Cabot Financial (Europe) Limited

PO Box 241

West Malling

Kent

ME19 4NA

 

Dear Mr Maynard

 

Further to my email sent on 8th September 2006 and the subsequent letters from Cabot dated 29th September 2006 and 16th October 2006, your refs: 1188427/Isabel, 1173130/Isabel and 1465790/Isabel. I was extremely disappointed to learn that you were not in possession of any documentation in relation to these disputed debts. Furthermore, I was very concerned to note, that the copies of correspondence from each company you provided were dated after I had made my request. Surely, as these are copies they should be dated before I made my request. I would very much appreciate your comments on this situation.

 

By not providing me with copies of certified true copies of the disputed credit agreements and statements for each account, your company has now failed to meet it's obligations under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974.

 

77 Duty to give information to debtor under fixed-sum agreement

 

(4) If the creditor under an agreement fails to comply with subsection (1) -

a) he is not entitled , while the default continues, to enforce the agreement and -

b) if the default continues for one month he commits an offence.

 

78 Duty to give information to debtor under running-account credit agreement

a) state of account, and

b) the amount, if any, currently payable under the agreement by the debtor to the creditor

 

(6) If the creditor under an agreement fails to comply with subsection (1) -

a) he is not entitled , while the default continues, to enforce the agreement and -

b) if the default continues for one month he commits an offence.

 

I understand by failing to provide me with the documentation, I requested your company has committed a criminal act. I am now of the opinion that you are unfit to hold a Consumer Credit Licence as determined by the fitness test outlined in the Consumer Credit Act 1974 (section 25).

 

25 Licence to be a fit person

(2) a) contravened any provision made by or under this Act, or by or under other enactment regulating the provision of credit to individuals or other transactions with individuals.

d) engaged in business practices appearing to the Director to be deceitful or oppressive, or otherwise unfair or improper (whether lawful or not)

 

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the Credit Consumer Act 1974 and therefore is a complete defence to any court claim that is issued.

 

Please note, I do not acknowledge any debt to HSBC, Bank of Scotland or Barclaycard.

 

I must insist upon the removal of any defaults entered against my name. You have 7 days to comply and confirm in writing or I will apply to my local Sheriff Court for an order to enforce compliance, together with damages at the discretion of the court. I will then be forced to make the relevant authorities, including but not limited to Trading Standards, The Office of Fair Trading, The Information Commissioners Office, The Financial Ombudsman and The Financial Services Authority aware that you have committed a criminal act.

 

I look forward to your quick response to my correspondence.

 

Yours sincerely

[Maggiebroom]

Just a quick question, as I need to clarify this in my own mind.

 

If Capital One cannot produce a credit agreement or a PPI agreement does this mean you don'y have to pay the money you owe at all.?

 

I am not sure if what people is saying is that you don't have to pay your debt, ie: what is owed on the card?

 

I have asked Cap One for a copy of my CCA and also a copy of my application for PPI and the signed copy of this agreement.I don't remember signing anything. What does it actually mean if they cannot produce either? Do I still owe them payments on the credit card or can I say "get stuffed".?

 

maggiebroom

[reidnet]

My understanding is that if they cannot produce a copy of the properly executed Credit Agreement they cannot enforce the debt until such time as the agreement is produced. What I make of this is that if you have asked for the agreement with a CCA and they have not produced it they have also commited an offence.

 

Again I would advise to read the Credit Agreement Forum to clarify what I understand.

 

And of course if they have no agreement you could stop paying it, they may then try to go through court to recover their money but Im shure that any Judge would throw it out if they have not produced a properly executed credit agreement.

 

Ian

[spinningfish]

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?