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Spiritgirl -v- Various DCAs


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Hi Spirit :)

 

Try this number I got from CCCS for free legal advice...

 

Community legal services - 0845 3454345

 

Good luck,

 

BB

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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Hi spiritgirl

 

I to am at a loss with Capital , they sent me the same document as you and when I wrote back they ignored me and went on to sell my debt to Robinson way, I just wrote to Robinson way to say this account is in dispute at court which it is. I haven't heard anything as yet and will let you know if I hear any response from Capital as I requested on what date they had sold my alleged debt, they are just making a bigger hole for them to climb out of as far as I am concerned , so don't let it bother you too much , keep going you have a very good thread going on here and I visit it regularly.

Sorry this is not much help but hope this will let you see you are not the only one beig ignored by Capital

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in truth i just hammered away at them with the letters that i sent on that thread.

 

your obviousy getting no joy, i would now refer the matter to FOS and ICO for breach of Data Protection act.

 

i mean youve told cap one all the prescribed terms are not on the doc they sent and i did go to a solicitors, the first consultation free! lol

 

i didnt pay for anything like that.

 

just plug away at them, failing that im afraid if complaints to the above bodies dont work, court may be required.

 

sorry im not much help.

 

Kenny

Me Vs AA/Blair Oliver - Defaulted on CCA, Committed Criminal Offence, started chasing payment

 

Me Vs Great Universal - Wrote off the 2k balance, couldnt supply docs

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/74209-me-littlewoods-catalogue.html

 

My Friend Vs Lowell Portfolio - Balance written off, all action stopped!

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/75075-my-friend-lowell-victory.html

 

My Friend Vs Empire Catalogue - Balance Cleared

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/75713-my-friend-empire-droyds.html

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Spiritgirl - It is CAPITAL ONE who are in Default not you!!

they failed to supply yu with the CCA - therefore they break the law not you!!

 

Go to the ICO and fill the complaint form in on the website and send it off. You have Cap1 on several issues here. Complaints - several ways to issue your complaint here

 

1. they are unlawfully sharing your Personal Data with 3rd parties (CRA's equifax, experian, callcredit) whilst an agreement isn't in place they don't have your permission to share data? SO THEY ARE BREAKING THE LAW

 

2. ALSO - if there are likely to be any charges to reclaim etc. Data they are publishing to the CRA's is erroneus and shouldn't be shared with any of the CRA's at all.

 

So n those points alone CAP1 in in the wrong. Fill out the complaint form and send copies of all the info you have so far (CCA & SAR requests, the replies they sent to you including this supposed CCA)

Show the ICO that yu have given CAP1 *** amount of days to deal with it and this is what they did - ICO will chase them and fine them for their wrong doing. CAP1 should never have issued any default notice against you. So Ask ICO to look at that to.

You can also complain to FOS and ask them to help you get any charges back OFT is certainly worth complaining to also.

 

Spiritgirl you aren't stuck really - just complain to the bodies and make your points known etc..

Just keep in your head that Cap1 have ruin this account with no legal CCA for *** it's this company in the wrong really - you didn't do any wrong no matter what they write to you.

My CCA skeleton argument to use in court -

http://www.consumeractiongroup.co.uk/forum/cabot/115280-useful-information.html

 

Useful Letters (CCA request is letter N)

http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

 

CAG A-Z list of useful places in CAG -

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/69359-cant-find-what-youre.html

 

Introduction to Consumer Litigation -

http://www.consumeractiongroup.co.uk/forum/general-debt/108467-basic-introduction-consumer-credit.html

CABOT THREADS -

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/131321-cabot-threads.html

 

ALWAYS SEEK A PROFESSIONAL OPINION FROM QUALIFIED ADVISORS - any advice offered is from my own experience and knowledge - I am NOT qualified.

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Hi again guys

 

:mad: grrr it WAS too good to be true re Crapital One !!

 

Have received from them an application form which they are insisting is a credit agreement. I've had a look around the site and found the EXACT same one on Kenny's thread :-

 

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/71457-capital-one-my-mum.html?highlight=Capital+One

 

Kenny I hope you don't mind me linking back to this but I don't have a scanner and this shows everyone what my so called "agreement" from them consists of as well.

 

Not only that but they have sent me two letters, one a copy of a letter they have written to the Citizens Advice Bureau telling them that I have defaulted on my token repayments which the CAB helped me to set up 2 years ago and to get me to start making them again :eek: This is a major breach of the DPA...and one to say they are now considering further action against me (issue default notice in 28 days,pass account to DCA/take legal proceedings) because they have not heard from the CAB or me!! The CAB have also written to me asking if I need any assistance to offer to recommence my repayments !!

 

I really do despair of all this.

 

I still want to fight, but I'm at a loss now as to what to do.

 

I know you went to a Solicitor Kenny, but I can't afford to do that. Please guys, what kind of letter can I write back to these morons now?

 

This was the last letter I sent to them. You will see I clearly stated that they are not lawfully allowed to take further action and yet they are now threatening to do it. As you will see I even threatened them with the Financial Crime Branch of HM Treasury and they are STILL going their own sweet way. Has anyone done a letter to HM Treasury so far????

 

Please guys, any advice you can give me would be so much appreciated.

Love Spiritgirl x

 

 

See in red above

 

If you really do want to fight you will have to follow previous advice? Until you decide to take the initiative this will go on & on

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Hi spiritgirl , they really don't know what they are doing , Capital one say they have sold the debt, Robinson way say they have purchased the debt , I am waiting to hear fom both to see if the dates tie up . Also robinson way said I should write to Capital for my agreement (what a mess up ;) )

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Hi spiritgirl , they really don't know what they are doing , Capital one say they have sold the debt, Robinson way say they have purchased the debt , I am waiting to hear fom both to see if the dates tie up . Also robinson way said I should write to Capital for my agreement (what a mess up ;) )

 

Sorry Willows they do know what they are doing. Its called jerking you around or trying to confuse things as they have no intention of complying with the law

Robinson are wrong & they know it. :rolleyes:

 

If the 'own' the debt they also have the same obligations as Cap 1 under the law.

 

If they don't have a properly executed signed agreement they cannot enforce the debt..............period :mad:

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SG.. I know this is of no use to you, but a feel a virtual snuggle, is due your way.. (cuddles to you and me, but snuggles to the boss ;)).

 

As previously mentioned, by those far better in the know than I, report them to the relevant bodies, and see where that takes them.

 

Be safe

Nige aka the JGG

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Spiritgirl - don't give up. They issued me with a default notice but I quoted so much stuff at them that eventually they agreed to move the default. I have however put a complaint into the ICO and the FOS are dealing with my claim.

 

The other claim for my daughter (3 application forms) PeterBard posted a letter from the DTI which I used the quote along with other info. It may be worth you sending it to them at the same time making sure that you have complained to the ICO and FOS. Interestingly, they have not chased her for payment, they have not put any interest on the account, they have not put any charges on and she hasn't paid anything since February.

 

This is my bit

I note the document that you have now supplied is a copy of my application, which does not meet the specific requirements of the Consumer Credit Act 1974. This is not a true copy of an executed agreement.

PB's Quote

The RT Hon Ian McCartney MP, Minister for Trade Investment and Foreign Affairs has stated "It is also a breach of the Act and the Regulations to send the application form rather than a true copy of the agreement.”

Finished off with

In addition, I draw your attention to CCA S61 (1) A regulated agreement is not properly executed unless –

(a) a document in the prescribed form itself containing all the prescribed terms and conforming to regulations under section 60(1) is signed in the prescribed manner both by the debtor or hirer and by or on behalf of the creditor or owner, and

(b) the document embodies all the terms of the agreement

© the document is in such a state that all its terms are readily legible.

So you have clearly completely failed to comply with my request which leads me to conclude that you have no such agreement.

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Hi PlinyYes I agree with you , just trying to show spiritgirl what rubbish they come out with. All i need is for them to get the dates mixed up so I can have another laugh.

 

Spiritgirl - this company really do have no conscience what so ever - I had spent months trying to resolve issues with them in the Legal Dept - they'd sold my account to Lowell's to while all this was going on with my claim etc..

I then decided to write and ask the directors if they knew what was going n in the legal Dept and whether they condoned this lousy behaviour to customers - I had a list of people off their website and they couldn't be bothered to answer my first letter - I got a reply from the Legal Dept telling me to correspond with them. Naturally - I wrote t these Directors again to finally get a paragraph from Victoria Mitchell telling me to write to the Legal Dept - so now we can draw conclusions that YES it is common knowledge throughout Crap1 what is going on - and it don't matter how high up we go we will be met with the same Crap responses?

 

They really are silly in there.

My CCA skeleton argument to use in court -

http://www.consumeractiongroup.co.uk/forum/cabot/115280-useful-information.html

 

Useful Letters (CCA request is letter N)

http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

 

CAG A-Z list of useful places in CAG -

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/69359-cant-find-what-youre.html

 

Introduction to Consumer Litigation -

http://www.consumeractiongroup.co.uk/forum/general-debt/108467-basic-introduction-consumer-credit.html

CABOT THREADS -

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/131321-cabot-threads.html

 

ALWAYS SEEK A PROFESSIONAL OPINION FROM QUALIFIED ADVISORS - any advice offered is from my own experience and knowledge - I am NOT qualified.

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Sorry they're giving you such a hard time. Hold on to the fact that they are in the wrong. Take a breath and then work your way through all the good advice that's been posted before you make your next move.

 

Stay strong ;)

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

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Friends you have all been so, so helpful -thank you so all very much x You've made me feel so much better tonight.

 

I did feel shellshocked and low earlier, I guess that guy I spoke to at Crap1 had filled me with a false sense of security - I was wrong to think Crap1 have any scruples at all.

 

I did take those nasty letters personally, I shouldn't have I know but sometimes it just gets to you doesn't it?.

 

Tomorrow I shall begin my fightback in earnest. I know Pliny is right here, I have to take the initiative now and follow the advice you have all given to me, as this WILL go on and on. I am so disgusted with Crap1; I have given them too many chances already.

 

Nige thank you for the snuggles :D and thanks to you all for taking the time to come in and offer your support and help x

 

I'll be back as Arnie says!

Love Spiritgirl x

Please note I am not legally qualified, I am offering advice based on my own personal experience in the hope that it may be of help to others in a similar situation.

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Yes,

 

this is all normal for Crap 1

 

They still call me several times a week too try and take payment, despite the whole balance being subject to court action

 

I've explained this court action to them many times both via telephone and letter and told them not to contact me until the case is settled - they take no notice

 

Now considering the protection from harassment act

omnia praesumuntur legitime facta donec probetur in contrarium

 

 

Please note: I am not a member of the legal profession, all advice given is purely my opinion, if in doubt consult a professional

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Hey Spirit.

 

Don't give up. Your fight and others on here, is what keeps me going with all my claims!

 

I've just had an offer letter from Crap One which I am rejecting. Since I started this process, Bryan Carter have been calling me at least once a day to talk to me. Remember I have a default and a CCJ because of this alleged debt but I will fight to the bitter end.

 

You have stood tall thus far and if you feel your shoulders slumping, we are here to hold them up.

 

Go get them girl - we've got your back. :D

 

deedee xx

My threads

deedee1310 v Abbey, deedee1310 v Capital One, deedee1310 v Halifax Plc, CapQuest CCJ, deedee1310 v Littlewoods & deedee1310 v Smile

If I have been of help in even the smallest way, please click the star and "add to my reputation" :p

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Go to the Information Commissioners Office and fill the complaint form in on the website and send it off. You have Cap1 on several issues here. Complaints -

 

 

Elizabeth I am on to this today! I'll report back when I hear anything from the ICO.

 

Feel much better! Just prepared a 6 page letter to Crap 1 for the attention of Mrs Moron who is supposedly "dealing with my complaint" :p Should give her something to read on her coffee break! If she bins it I don't care, its made me feel better typing it up and it will be great evidence for use in Court!

 

Thanks again guys, for being there and for helping me to stay strong!

Love Spiritgirl x

Please note I am not legally qualified, I am offering advice based on my own personal experience in the hope that it may be of help to others in a similar situation.

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Update on Creation Financial Services :-

 

 

Good morning friends

 

 

These morons have now sent this alleged debt to a DCA called Newman & Co despite the fact that it is in dispute. It would seem Creation who are the OC were unable to find a properly executed agreement so have passed the matter on. You may remember I wrote to them regarding their telephone harrassment and then the calls stopped. I also told them they are not entitled to take any further action since this account is in dispute but clearly they have ignored me.

 

Spoke to Newman & Co this morning (wasn't sure who they were at first - soon found out!) and after listening to them waffle I explained the situation. The guy on the phone said "so are you saying you never took out the credit?" And I replied "No, what I am saying is that Creation have never provided me with the documentation I am entitled to have by law to prove they own this alleged debt". Silence then while cogs turned - then he said "well we are piggy in the middle here because we don't have any documentation either"...oh marvellous :razz: Spiritgirl feels a joy in her heart!!

 

So Newman & Co aren't going to get very far either are they LOL !

 

Anyhow the great news friends is that I now have a scanner so here for the first time is one of my documents for you all to see! This is the "agreement" from Creation Financial Services...need I say more! Please have a peek, if only just to tell me my photobucket is working!!! :D

 

http://i191.photobucket.com/albums/z212/Spiritgirl_2007/CreationAppForm001.jpg

 

 

oooh am chuffed that I can show you my preciously guarded documents of evidence at long last!!:p

 

 

Love Spiritgirl x

Please note I am not legally qualified, I am offering advice based on my own personal experience in the hope that it may be of help to others in a similar situation.

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wooohoo well done SG!! :)

 

at long last, your in the 21st century :p

 

Your right in the thing about CF. There is nothing that i can see, about it being a proper regulated agreement, ie no proper t&c, APR etc..

 

I would love to see them wriggle out of this one!!

 

Keep up the sterling work hon, you will get there in the end.

 

As one of my favourite sayings go..

 

'Due to the current economic situation, the light at the end of the tunnel, will be turned off until further notice'

 

Will CF ever see the light?? :rolleyes:

 

Hope your having a better day now, than on wed.

 

Be safe

Nige

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Hi spirit girl, can you help.

Halifax have sent credit agreement. It says application at top.underneath credit agreement regulated by consumer credit act 1974, it has APR at 28.7 and it has my signiture. I think it has their signiture cos how they've copied it, it has part of their signiture on one side and then on the other page they have cut it off.(they have copied it and put it on two pages but when they split it they left a little of page 2 on page 1 ) but on page 2 they have manually cut it off. I cant get it off computer on to here.

They did not send any T & C's and no statement of account.

The compliment slip was also from Blair Oliver and Scot,which I have had no dealings with.

Any advice on what to do now please.

a.bmp

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hi alamand, is it possible, you could scan the agreement, they have sent you please. Both sides of it, and upload, for more knowledgeable people than I.

 

Don't forget to 'remove' all personal details from it, name address, signature etc.

 

many thanks

 

be safe

 

nige

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have you tried changing the extension from *.bmp to *.jpg?? this will reduce the size of the file.

 

Alternatively, i think photo bucket may be able to do something to reduce the size of it.

 

I'm not particularly au feit with the software though, im more of a pc hardware engineer.

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Update on Creation Financial Services :-

 

 

Good morning friends

 

 

These morons have now sent this alleged debt to a DCA called Newman & Co despite the fact that it is in dispute. It would seem Creation who are the OC were unable to find a properly executed agreement so have passed the matter on. You may remember I wrote to them regarding their telephone harrassment and then the calls stopped. I also told them they are not entitled to take any further action since this account is in dispute but clearly they have ignored me.

 

Spoke to Newman & Co this morning (wasn't sure who they were at first - soon found out!) and after listening to them waffle I explained the situation. The guy on the phone said "so are you saying you never took out the credit?" And I replied "No, what I am saying is that Creation have never provided me with the documentation I am entitled to have by law to prove they own this alleged debt". Silence then while cogs turned - then he said "well we are piggy in the middle here because we don't have any documentation either"...oh marvellous :razz: Spiritgirl feels a joy in her heart!!

 

So Newman & Co aren't going to get very far either are they LOL !

 

Anyhow the great news friends is that I now have a scanner so here for the first time is one of my documents for you all to see! This is the "agreement" from Creation Financial Services...need I say more! Please have a peek, if only just to tell me my photobucket is working!!! :D

 

http://i191.photobucket.com/albums/z212/Spiritgirl_2007/CreationAppForm001.jpg

 

 

oooh am chuffed that I can show you my preciously guarded documents of evidence at long last!!:p

 

 

Love Spiritgirl x

 

 

Hello Spiritgirl,

 

 

Your photobucket is working!!!:D

 

I don't see any of the prescribed terms! Do you!!?

 

 

Best wishes, Jeff.

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I dont know how to do it, it says the file is to big

 

 

Hello alamand,

 

 

Go here and open an account! It's free!

 

 

Image hosting, free photo sharing & video sharing at Photobucket

 

 

Then upload any image you like from your PC! Then click on the IMG code under the thumbnail of the image you wish to copy. Then go to your thread that you wish to post to, and click paste to post the image.

 

Any problems, let me know!

 

 

Best wishes, Jeff.

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Good luck with Photobucket Alamand! If I can do it, then anyone can, as technology and me are not the best of friends!!

 

Thanks for getting back to me Nige and Jeff and am glad you could see the image. Yes I agree there are no terms and conditions - its yer common o'garden application form - yet again!

 

Nige I loved your favourite saying! I do feel so much better, thanks for your concern (((hugs)))

 

I'm still smiling to myself about that phone call this morning, the poor lad at Newman & Co sounded so confused :? Can't wait to see what turns up in the mail next!.

 

Oooh and as for this little scanner, there will be no stopping me now I've got a new toy to play with LOL

 

Love Spiritgirl ;)

Please note I am not legally qualified, I am offering advice based on my own personal experience in the hope that it may be of help to others in a similar situation.

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