Boobaby vs GE Capital & DCA - Help please !!

[Boobaby]

Quick update - complaint form from Information Commissioners Office downloaded last night, completed and sent with all relevant documentation regarding the above Company. Telephone call received today from BCW (spooky that!!) content as follows:

"Good afternoon Mrs Boo - 'Do not know what I am talking about speaking' (Dick for short)" I wonder would you confirm your name, DOB & your account number before I continue"

Boo - "A/C Number for what account, in other words where are you calling from?"

Dick - "BCW"

Boo - "Name - you know, DOB is ******** & account number not on me as I am in work at present"

Dick - "Thank you for that I am calling today to discuss payments on your account"

Boo "Account in dispute and as stated on many previous occasions I will only communicate with yourselves in a written format"

Dick - "I understand that Mrs Boo, but what are you going to do about this outstanding balance"

Boo - I reiterated the previous statement and went on to say "I am still awaiting responses to a number of letters requesting 1. Statement of Account. 2. True copy of original agreement & 3. Deed of Assignment."

Dick - " We sent all of that information to you Mrs Boo on the 3rd of January, have you not received it?"

Boo - "I have not received anything from you BCW, only a copy of a 2002/3 statement from GE Capital. Have you sent copies of the original agreement the Deed of Assignment and a Statement of Account then?"

Dick - "Yes, we sent them on the 3rd of January, it is clear you have not received them then."

Boo - " I have received nothing from you."

Dick - "I need to go back into the files then, now what was it you wanted again, because we do need to discuss payments on this account?"

Boo - "Well Dick it is clear that you have not forwarded any information to myself. Just to make you aware that you have not, as stated in previous correspondence, complied with The Consumer Credit Act regulations and have in fact therefore committed a Criminal Offence. On that basis I have lodged a complaint with the Information Commissioners Office, whom I am sure you will be hearing from in due course"

Dick - "Thank you for your time Mrs Boo"

Boo - "No problem Dick"!

 

All I ask is for someone who knows what they are talking about - but then again perhaps not:rolleyes:

 

Watch this space. I now need to submit Court Claim for monies paid but I only have figures I have worked out from Bank Statements etc....

Can I submit those?

 

Boo x

[un1boy]

lol, they are so crap - I wish I knew what I know now about 18 months ago when I had to deal with BCW (the bstards!) they amd emy life hell....saying things like, "we can contact you WHENEVER and HOWEVER we want to" and overturning a complaint I made about a woman who spoke to me like I wonething onn her shoe - a way I have NEVER been spoken to in my life!! At the time I just accepted their reply, but now I would never let it lie....ho hum....

 

In answer to your question, you can use the calculations from anything that you have as long as you are happy that it is the full amount you want to claim!!

 

Good luck!

[Boobaby]

lol, they are so crap - I wish I knew what I know now about 18 months ago when I had to deal with BCW (the bstards!) they amd emy life hell....saying things like, "we can contact you WHENEVER and HOWEVER we want to" and overturning a complaint I made about a woman who spoke to me like I wonething onn her shoe - a way I have NEVER been spoken to in my life!! At the time I just accepted their reply, but now I would never let it lie....ho hum....

 

In answer to your question, you can use the calculations from anything that you have as long as you are happy that it is the full amount you want to claim!!

 

Good luck!

Thanks Un1boy how are you doing honey?

TBH glad I am able to deal with them now. They were unbelievable to me a few years ago, that's why I paid them!

Same as you with regard to - contact WHENEVER AND HOWEVER and DON'T THNK YOU CAN HIDE COS WE WILL FIND YOU! WHAT SORT OF A MOTHER ARE YOU PUTTING YOUR HOUSE IN JEOPARDY BECAUSE WE CAN TAKE IT YOU KNOW!!! So hopefully I will be able to threaten them like they threatened me and let's be honest I'm not alone am I?

[Boobaby]

Just an update and a quick question.

 

The compliance time scale has now lapsed with regard to BC&W. They have not forwarded anything I requested:

 

1. Copy of the original signed agreement

2. Copy of the Deed of Assignment

3. Statement of Account

 

I cannot believe this organisation. I have been corresponding with them since August of last year and save for a copy of a Capital statement I have had no written response what so ever. They lie, they threaten and they do not comply with any regulations.

I am now in the process of completing Court Claim Forms and I am requesting all monies paid to them plus interest.

1. Do I state in this application that they have not complied with the CCA request etc...?

2. The speadsheet I have compiled has been taken from bank statements and there are some payments not showing on the statements. Can I subtract the amount paid plus what they say is owing from their so called opening balance and claim that?

3. Am I doing the right thing?

 

Boo x

[un1boy]

Hi Boo....

 

I had to deal with BCS about 18 months ago and they are nasty....

 

As for what you should do, I'm not sure but if I was in your your postion I would do:

 

1. Absolutely

2. I don't uderstand what you mean by this, sorry

3. To be honest, I'm not sure.....I thought you had to report them to Trading Standards if they failed to comply with the CCA request so that they could act on it.

[lookinforinfo]

Quote=Boobaby: I cannot believe this organisation. I have been corresponding with them since August of last year and save for a copy of a Capital statement I have had no written response what so ever. They lie, they threaten and they do not comply with any regulations./Quote

 

Actually Boobaby, from our point of view, these are the best companies to deal with. The worst ones paradoxically are the professional companies who

comply with the Law and deliver documents on time, and don't harass.

Whereas if you deal with companies who do harass and intimidate, who don't

comply with Acts and guidelines, they are the ones that by using the CCA

requests ans the OFT and Information Commissioners Office, can be beaten and they will be virtually unable

to enforce the debt.

 

In answer to

2] yes you can providing you are sure that those payments were made

3] Not sure. You do run the risk that if they produce the documents in Court,

the Court might agree to restart the debt, rather than

give you a refund.

While there is less chance that BCW will take you to Court now for the debt, even if they could locate the contract, since they would

still face a criminal conviction and a large fine.

If you take them to Court the Judge while punishing them, may take the view that you are being greedy[since there is a debt] and allow them to collect

the balance.

[Boobaby]

Quote=Boobaby: I cannot believe this organisation. I have been corresponding with them since August of last year and save for a copy of a Capital statement I have had no written response what so ever. They lie, they threaten and they do not comply with any regulations./Quote

 

Actually Boobaby, from our point of view, these are the best companies to deal with. The worst ones paradoxically are the professional companies who

comply with the Law and deliver documents on time, and don't harass.

Whereas if you deal with companies who do harass and intimidate, who don't

comply with Acts and guidelines, they are the ones that by using the CCA

requests ans the OFT and Information Commissioners Office, can be beaten and they will be virtually unable

to enforce the debt.

 

In answer to

2] yes you can providing you are sure that those payments were made

3] Not sure. You do run the risk that if they produce the documents in Court,

the Court might agree to restart the debt, rather than

give you a refund.

While there is less chance that BCW will take you to Court now for the debt, even if they could locate the contract, since they would

still face a criminal conviction and a large fine.

If you take them to Court the Judge while punishing them, may take the view that you are being greedy[since there is a debt] and allow them to collect

the balance.

 

I think you're right, I have put in a complaint about them, but at this point I am a little scared that they will produce the documents at Court. I have been asking for this information since last August and they haven't complied but more than anything I want the default removed from my credit file?

Boo

[un1boy]

Boo, I'm in the same position - I didn't realise til now. I don't want to make the court claim against them because if i do then the judge might think im being greedy......they havent sent me the terms so havent satisifed my request........i want the defaults removed but they are dragging their feet

[Boobaby]

Boo, I'm in the same position - I didn't realise til now. I don't want to make the court claim against them because if i do then the judge might think im being greedy......they havent sent me the terms so havent satisifed my request........i want the defaults removed but they are dragging their feet

 

Perhaps we should bump this thread and a mod could help?

Boo x

[un1boy]

Good idea.....

[lookinforinfo]

Boo, if you would settle for getting rid of the default, without going for a refund, they might be willing to play ball.

 

Point out that by them being unable to comply with the CCA request, they

cannot therefore continue to process the default since the lack of the

original contract denies them the right to process your data.

 

In view of the fact that they have committed a criminal act by failing to

comply with the CCA and would therefore not relish a Court case, you too

would prefer not to have to go to Court to fight a Court Order by them to

reinstate the debt. You are therefore writing to see if both of you can avoid

a Court case by the removal of the default and confirmation that they will not

pursue you for the outstanding debt.

[sarahpp]

Good idea, you won't have lost anything by taking this approach first and you may gain more than you think.

 

I think that you may be on dodgy territory by taking them to court for a refund but, I think that LFI's approach is a reasonable step (and we know how courts like reasonable) to take in order to try for default removal.

[Boobaby]

Boo, if you would settle for getting rid of the default, without going for a refund, they might be willing to play ball.

 

Point out that by them being unable to comply with the CCA request, they

cannot therefore continue to process the default since the lack of the

original contract denies them the right to process your data.

 

In view of the fact that they have committed a criminal act by failing to

comply with the CCA and would therefore not relish a Court case, you too

would prefer not to have to go to Court to fight a Court Order by them to

reinstate the debt. You are therefore writing to see if both of you can avoid

a Court case by the removal of the default and confirmation that they will not

pursue you for the outstanding debt.

 

Really good approach LFI and one I will most definately be taking. I will spend the next few days compiling the letter and will post for perusal if that's okay?

Thanks Sarah also, I agree I really want to see that default removed as it's playing hell with my credit rating.

Boo x

[un1boy]

Hi Boo,

 

How is this going?

[Boobaby]

Hi Boo,

 

How is this going?

 

Hi honey

TBH I've just let this lie. I can't seem to get my head around compiling a letter regarding the default removal. I will look at something in the next few days but going to have to do some research as I'm not quite sure how to start etc...

Kind of you to ask how are things with you?

 

Boo x

[un1boy]

Hi honey

TBH I've just let this lie. I can't seem to get my head around compiling a letter regarding the default removal. I will look at something in the next few days but going to have to do some research as I'm not quite sure how to start etc...

Kind of you to ask how are things with you?

 

Boo x

 

well we are in similar situations so if I think of anything etc I'll let you know!!

[Boobaby]

well we are in similar situations so if I think of anything etc I'll let you know!!

 

I really now need to act. Default is still showing on my credit file and tbh the only bad thing that is so it is really dragging my rating down. Any advice would be appreciated.

Had a letter today from BCW basically stating that they were not aware of any of my correspondence regarding this account prior to January of this year!!!!!

August last year lovelies that's when this was started, so copies of all correspondence to be sent along with a letter that's going to take some work as they are/have:

1. Denying all knowledge of correspondence prior to January 2007

2. Still not complied with original request under DPA etc to forward copy of original agreement, statement of account and Deed of transfer

3. Informing me one more time that they have requested the copy of the agreement from GE Capital (again x 4) and will forward it to me as soon as it is received.

4. Sent me what can only be described as a transcription log of all of their phone calls/ correspondence to myself over the last three years which actually lists a letter I sent to them in November of last year regarding a request - see points 1 & 2 !!

5. Mentioned complaint from Information Commissioners Office which they have noted.

6. Put my Account on hold whilst they await documentation from their client - this account been on hold since last September!

 

So a lot to deal with plus the default still not sure how to deal with that though.

Enough to be going on with me thinks!

[KJD]

Not sure if it will help but have a read of this thread - ajjars got his / her default removed

 

http://www.consumeractiongroup.co.uk/forum/post-687255.html

[sarahpp]

I really now need to act. Default is still showing on my credit file and tbh the only bad thing that is so it is really dragging my rating down. Any advice would be appreciated.

Had a letter today from BCW basically stating that they were not aware of any of my correspondence regarding this account prior to January of this year!!!!!

August last year lovelies that's when this was started, so copies of all correspondence to be sent along with a letter that's going to take some work as they are/have:

1. Denying all knowledge of correspondence prior to January 2007

2. Still not complied with original request under DPA etc to forward copy of original agreement, statement of account and Deed of transfer

3. Informing me one more time that they have requested the copy of the agreement from GE Capital (again x 4) and will forward it to me as soon as it is received.

4. Sent me what can only be described as a transcription log of all of their phone calls/ correspondence to myself over the last three years which actually lists a letter I sent to them in November of last year regarding a request - see points 1 & 2 !!

5. Mentioned complaint from Information Commissioners Office which they have noted.

6. Put my Account on hold whilst they await documentation from their client - this account been on hold since last September!

 

So a lot to deal with plus the default still not sure how to deal with that though.

Enough to be going on with me thinks!

 

Boo- this is a common tactic for them. They usually do this with telephone calls but, I have seen several threads where they have been chasing for utility bills and people have moved. Even when the local authorities have sent in confirmation that they left the address BCW have said that they haven't received anything. Either there is some sort of postal Bermuda Triangle over their office into which all correspondence disappears or ....they are "not just big eaters" as my mother would say!!!

[un1boy]

I really now need to act. Default is still showing on my credit file and tbh the only bad thing that is so it is really dragging my rating down. Any advice would be appreciated.

Had a letter today from BCW basically stating that they were not aware of any of my correspondence regarding this account prior to January of this year!!!!!

August last year lovelies that's when this was started, so copies of all correspondence to be sent along with a letter that's going to take some work as they are/have:

1. Denying all knowledge of correspondence prior to January 2007

2. Still not complied with original request under DPA etc to forward copy of original agreement, statement of account and Deed of transfer

3. Informing me one more time that they have requested the copy of the agreement from GE Capital (again x 4) and will forward it to me as soon as it is received.

4. Sent me what can only be described as a transcription log of all of their phone calls/ correspondence to myself over the last three years which actually lists a letter I sent to them in November of last year regarding a request - see points 1 & 2 !!

5. Mentioned complaint from Information Commissioners Office which they have noted.

6. Put my Account on hold whilst they await documentation from their client - this account been on hold since last September!

 

So a lot to deal with plus the default still not sure how to deal with that though.

Enough to be going on with me thinks!

 

Hi Boo,

 

I know how you feel - I have been trying to get default removed by HSBC since August 2006 and it's still there - they can't provide the default notices, nor an enforcaable agreement. Trading Standards won't prosecute.

 

BCW are absolute fcukers! I wish I knew then what I know now - they were chasing some payments from me so agressively and they lost 2 months' of my payments, then kept chasing me for them, even though I gave them proof they had been paid. Plus I made a complaint agasint one of the girls who was VERY rude to me, but they told me she had acted professionally and my complaint would not be upheld!! (Calling me a liar and debt dodger is professional is it?)

 

Anyway, if they have defaulted on your CCA request, try informing Trading Standards: http://www.consumerdirect.gov.uk/complaints.shtml

 

Also, if they haven't provided an agreement at all then you can sue them for all payments against it back.

 

You have the ICO involved, which is great, but may take a while. I have my local police investigating too, hehe.

 

I would also advise informing the OFT. Although they may not get involved in your individual case, they are the ones whom renew credit licenses and they told me that they use all of this info to decide whether a company is worthy of them!!

 

Other than that, I would suggest amybe a stat notice under the DPA or just issuing a court claim (like I think I'm gonna have to). They will probably settle out of court then!

[Boobaby]

Hi Boo,

 

I know how you feel - I have been trying to get default removed by HSBC since August 2006 and it's still there - they can't provide the default notices, nor an enforcaable agreement. Trading Standards won't prosecute.

 

BCW are absolute fcukers! I wish I knew then what I know now - they were chasing some payments from me so agressively and they lost 2 months' of my payments, then kept chasing me for them, even though I gave them proof they had been paid. Plus I made a complaint agasint one of the girls who was VERY rude to me, but they told me she had acted professionally and my complaint would not be upheld!! (Calling me a liar and debt dodger is professional is it?)

 

Anyway, if they have defaulted on your CCA request, try informing Trading Standards: http://www.consumerdirect.gov.uk/complaints.shtml

 

Also, if they haven't provided an agreement at all then you can sue them for all payments against it back.

 

You have the ICO involved, which is great, but may take a while. I have my local police investigating too, hehe.

 

I would also advise informing the OFT. Although they may not get involved in your individual case, they are the ones whom renew credit licenses and they told me that they use all of this info to decide whether a company is worthy of them!!

 

Other than that, I would suggest amybe a stat notice under the DPA or just issuing a court claim (like I think I'm gonna have to). They will probably settle out of court then!

 

Have spent most of today compiling letters regarding all of the above and done copies to both BCW & Capital Bank. I have also done a letter to Office of Fair Trading regarding them both.

Letter 1 to BCW:

 

Buchanan Clark & Wells

11 Elm Court,

Stratford Upon Avon

CV37 6PA

11th May 2007

 

For the attention of Mrs J Collett Collections Manager

Dear Mrs Collett

I am in receipt of your letter dated xxxxxxxx regarding:

 

ACCOUNT NUMBER: xxxxxxxxxxxxx Reference Number xxxxxxxxx Capital Bank

 

I note that in paragraph 2 you refer to your not having received a previous request for access provisions in line with the DPA. I refer you to the entry on the 10/11/06 of your information log which clearly states correspondence received from myself dated 06/11/06.

This is the first response I have had from yourselves regarding any of my previous letters. I have written to your Company on numerous occasions requesting that you supply me with a true copy of the alleged agreement referred to above. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclosed a £1 Cheque in payment of the statutory fee and Data Protection Request. Cheque Number xxxxxx which has been received and cashed.

 

I also requested a signed true copy of the deed of assignment of the above referenced agreement that you allege exists. At which point you were notified that you were obliged to supply these documents, whether you were the original creditor or not under S189 of the CCA 1974.

Non-compliance with my request as I informed you is a criminal offence under the above Act and would result in a report being submitted to the relevant statutory authorities. This time has passed and you have now committed a Criminal Offence under the said Act and it is my intention to report you for this criminal conduct to the appropriate authorities.

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

I did, in addition to the above request copies of statements of the account.

The information I have received to date is a copy of a Statement from Capital Bank - From July 2001 to October 2002, sent via yourselves, and what only can be described as a service log from yourselves listing everything from phone calls to payments made etc. but not a Statement of account.

I also understand that under the Act, due to your failure to comply with my statutory request you as acting agents are unable to enforce an agreement. I am therefore forthwith seeking to recover any payments made to date.

 

As there has still been no proof of this debt being incurred by myself I now require you to do the following:

1. Refund to myself all monies paid to your organisation including interest. A schedule of charges listing all amounts is attached totalling £ xxxxx.
   
2. Confirmation from yourselves that I have no further obligations to your Organisation and that there is no debt outstanding.

You have 14 days to comply with all of the above, failure to do so will result in a Criminal charge being brought against your organisation and a claim being submitted through the small claims court to include all of the above.

 

Yours faithfully

 

Boo

 

Second letter to Capital Bank was much the same as the above only the last paragraph included:

 

Arrange for the default and all other account entries to be removed from my Credit Files with Equifax, Experian and CallCredit (where applicable).

 

The third letter was to the OFT:

Office of Fair Trading

OFT Enquiries

Fleetbank House2-6 Salisbury Square

London

EC4Y 8JX

 

11th May 2007

 

Dear Sir/Madam

 

Regarding ACCOUNT NUMBER: xxxxxxxxxxx Reference Number xxxxxx Capital Bank and their agents Buchanan, Clark & Wells

 

Failure by Capital Bank and Buchanan Clark & Wells Limited Under Sections 77/78 of the Consumer Credit Act 1974. Account No. xxxxxx Reference Number xxxxx

As is my right under Sections 77 and 78 of the Consumer Credit Act 1974, I wrote to Capital Bank and Buchanan Clark & Wells on the xxxxx & again on the xxxxxxxx requesting a true, signed (legible) copy of any credit agreement and a Copy of the Deed of Assignment (inc statements) that exists in relation to the above account, including the statutory fee of £1.00.

 

Under the terms of the above Act, Capital Bank and Buchanan, Clark & Wells had 12 working days to provide the requested documents and a further calendar month to rectify this default. Both of these deadlines have now passed and I have received nothing in relation to my request only a single statement from Capital Bank and an information log from Buchanan Clarke & Wells.

This led me to only one conclusion that no signed credit agreement exists in relation to this account. An agreement that does not contain all of the prescribed terms, and/or is not signed by the debtor, is completely unenforceable, even in a court of law.

I have today sent a letter to both Capital Bank & Buchanan Clarke & Wells refuting the debt and stating that any legal action proposed by them will be vigorously defended as I believe that they may have committed an offence under the CCA punishable by a level 4 fine.

Additionally, as there has never been any regulated agreement in relation to this account, I maintain that Capital Bank do not have my consent to process my data and have requested that they remove all data referring to them from the records of all 3 Credit reference agencies.

 

 

With respect to the above may, I respectfully request that you begin an investigation into the failures of both Capital Bank and Buchanan Clark & Wells and in the meantime your comments, advice & guidance in the above would be much appreciated.

 

Yours faithfully

 

Boo

 

Any comments, amendments needed etc would be much appreciated

 

Thanks everyone!

 

Boo

 

 

 

 

[un1boy]

Have spent most of today compiling letters regarding all of the above and done copies to both BCW & Capital Bank. I have also done a letter to Office of Fair Trading regarding them both.

Letter 1 to BCW:

 

Buchanan Clark & Wells

11 Elm Court,

Stratford Upon Avon

CV37 6PA

11th May 2007

 

For the attention of Mrs J Collett Collections Manager

Dear Mrs Collett

I am in receipt of your letter dated xxxxxxxx regarding:

 

ACCOUNT NUMBER: xxxxxxxxxxxxx Reference Number xxxxxxxxx Capital Bank

 

I note that in paragraph 2 you refer to your not having received a previous request for access provisions in line with the Data Protection Act. I refer you to the entry on the 10/11/06 of your information log which clearly states correspondence received from myself dated 06/11/06.

This is the first response I have had from yourselves regarding any of my previous letters. I have written to your Company on numerous occasions requesting that you supply me with a true copy of the alleged agreement referred to above. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclosed a £1 Cheque in payment of the statutory fee and Data Protection Request. Cheque Number xxxxxx which has been received and cashed.

 

I also requested a signed true copy of the deed of assignment of the above referenced agreement that you allege exists. At which point you were notified that you were obliged to supply these documents, whether you were the original creditor or not under S189 of the CCA 1974.

Non-compliance with my request as I informed you is a criminal offence under the above Act and would result in a report being submitted to the relevant statutory authorities. This time has passed and you have now committed a Criminal Offence under the said Act and it is my intention to report you for this criminal conduct to the appropriate authorities.

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

I did, in addition to the above request copies of statements of the account.

The information I have received to date is a copy of a Statement from Capital Bank - From July 2001 to October 2002, sent via yourselves, and what only can be described as a service log from yourselves listing everything from phone calls to payments made etc. but not a Statement of account.

I also understand that under the Act, due to your failure to comply with my statutory request you as acting agents are unable to enforce an agreement. I am therefore forthwith seeking to recover any payments made to date.

 

As there has still been no proof of this debt being incurred by myself I now require you to do the following:

1. Refund to myself all monies paid to your organisation including interest. A schedule of charges listing all amounts is attached totalling £ xxxxx.
   
2. Confirmation from yourselves that I have no further obligations to your Organisation and that there is no debt outstanding.

You have 14 days to comply with all of the above, failure to do so will result in a Criminal charge being brought against your organisation and a claim being submitted through the small claims court to include all of the above.

 

Yours faithfully

 

Boo

 

Second letter to Capital Bank was much the same as the above only the last paragraph included:

 

Arrange for the default and all other account entries to be removed from my Credit Files with Equifax, Experian and CallCredit (where applicable).

 

The third letter was to the OFT:

Office of Fair Trading

OFT Enquiries

Fleetbank House2-6 Salisbury Square

London

EC4Y 8JX

 

11th May 2007

 

Dear Sir/Madam

 

Regarding ACCOUNT NUMBER: xxxxxxxxxxx Reference Number xxxxxx Capital Bank and their agents Buchanan, Clark & Wells

 

Failure by Capital Bank and Buchanan Clark & Wells Limited Under Sections 77/78 of the Consumer Credit Act 1974. Account No. xxxxxx Reference Number xxxxx

As is my right under Sections 77 and 78 of the Consumer Credit Act 1974, I wrote to Capital Bank and Buchanan Clark & Wells on the xxxxx & again on the xxxxxxxx requesting a true, signed (legible) copy of any credit agreement and a Copy of the Deed of Assignment (inc statements) that exists in relation to the above account, including the statutory fee of £1.00.

 

Under the terms of the above Act, Capital Bank and Buchanan, Clark & Wells had 12 working days to provide the requested documents and a further calendar month to rectify this default. Both of these deadlines have now passed and I have received nothing in relation to my request only a single statement from Capital Bank and an information log from Buchanan Clarke & Wells.

 

This led me to only one conclusion that no signed credit agreement exists in relation to this account. An agreement that does not contain all of the prescribed terms, and/or is not signed by the debtor, is completely unenforceable, even in a court of law.

 

I have today sent a letter to both Capital Bank & Buchanan Clarke & Wells refuting the debt and stating that any legal action proposed by them will be vigorously defended as I believe that they may have committed an offence under the CCA punishable by a level 4 fine.

 

Additionally, as there has never been any regulated agreement in relation to this account, I maintain that Capital Bank do not have my consent to process my data and have requested that they remove all data referring to them from the records of all 3 Credit reference agencies.

 

 

With respect to the above may, I respectfully request that you begin an investigation into the failures of both Capital Bank and Buchanan Clark & Wells and in the meantime your comments, advice & guidance in the above would be much appreciated.

 

Yours faithfully

 

Boo

 

Any comments, amendments needed etc would be much appreciated

 

Thanks everyone!

 

Boo

 

 

 

 

 

No probs Boo- I'll check it over later and get back to you!

[allykat]

Hi Boo

 

I'm sure you will be able to get the default removed from your credit file, and the CCA which you requested probably no longer exists or they would have produced it, but if you do decide to try to get money refunded to you, it might be a tad more difficult. Although they have not produced a deed of assignment when the DCA took over collection from GE Cap. it doesn't necessarily mean that one does not exist, and if they can produce a document to this affect in court, then that will prove that the debt did exist and you will be liable for the court costs....hope that made sense!!

 

Best of luck with it all, I'm going through a similar situation with a diff. DCA

[Sparkie1723]

Hi Boo,

To get that default removed from the CRA files, write to the CRA's tell them that the information they have been supplied with has been supplied by a company that is/has committed a criminal offence under the Consumer Credit Act by supplying information about a CCA agreement that does not has complied with the C.C.A. and under the circumstances that as they have now been made aware of those facts any further processing of data appertaining to this account/agreemnent, they also will be an accomplice, in committing a criminal offence by way of failing in their responsibility to ensure the info is correct and lawfully supplied and under the circumstances "suggest" they remove it immediately to avoid repercussions on themselves.

 

sparkie1723

[Boobaby]

Hi Boo,

To get that default removed from the CRA files, write to the CRA's tell them that the information they have been supplied with has been supplied by a company that is/has committed a criminal offence under the Consumer Credit Act by supplying information about a CCA agreement that does not has complied with the C.C.A. and under the circumstances that as they have now been made aware of those facts any further processing of data appertaining to this account/agreemnent, they also will be an accomplice, in committing a criminal offence by way of failing in their responsibility to ensure the info is correct and lawfully supplied and under the circumstances "suggest" they remove it immediately to avoid repercussions on themselves.

 

sparkie1723

 

Hi Sparkie1723 long time no speak.

 

I have written to the OFT only recently so I am still awaiting a response from them. I also wrote to The Information Commissioners Office who have written to BCW giving them a time frame in which to respond to my requests. But the ICO has no powers and can only remind these companies of their obligation to supply the requested information.

 

I will do as you suggest with regard to the CRA's I am assuming it is the main three that I need to write to?

 

Thanks

Boo x