Is this Cap1 default valid? **WON IN COURT**

[elizabeth1]

Hello all,

 

unfortunately i can no longer carry on! I called my local court, to see how i could proceed, as Cap One have not filed a defence. They said the Judge has ruled that all cases are to be stayed until outcome of the test case.So Cap One will not do anything now, so i cannot proceed. Am so annoyed about this.Was wondering what would happen if we all sent in the letter on the library site,contesting the stay. There must be something we can all do. Any suggestions!!

 

 

But Credit Cards are different than the Bank Charges - they should still be letting cases go ahead ? Which court is this?

 

As an alternative bid to clear this up - you could still use the regulatory bodies of FOS, ICO, OFT etc.. - at the end of the day Cap1 are abusing their position in writing eroneous data about you to the Credit Reference Agencies this is a matter ICO can take up because these charges are in the balances they record etc.. THEN FOS can perhaps chase back the charges for you perhaps?

 

You might be surprised and get a similar result in the meantime without using the courts? I would be tempted to use the alternative routes as these authorities have the powers to investigate this for you and make sure CAP1 sort it out.

[Capitulator]

But Credit Cards are different than the Bank Charges - they should still be letting cases go ahead ? Which court is this?

 

Absolutely ! My understanding was that the only cases to be stayed were those that involved overdraft charges with banks - not late payment or other charges invlolving credit card companies as these were the subject of an entirely separate investigation by the OFT previously.

 

Unless there have been some new developments recently, I don't believe anything has changed to the contrary !

 

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[elizabeth1]

Absolutely ! My understanding was that the only cases to be stayed were those that involved overdraft charges with banks - not late payment or other charges invlolving credit card companies as these were the subject of an entirely separate investigation by the OFT previously.

 

Unless there have been some new developments recently, I don't believe anything has changed to the contrary !

 

-------------------

 

This is the first Credit Card claim held back that I have heard of - so it does appear strange doesn't it? I will have a read around the different board to see if there are any others held back as pending.

[ammani]

Hello all, many thanks for the replies.

 

I too thought it was only to do with overdraft charges with banks.But having spoken to Maidstone County Court yesterday, i was told that all cases to do with bank charges etc, are to be stayed! I did say that i had heard it was just for banks overdraft charges, and was told the Judge had ordered that all cases to do with penalty charges were stayed. I will call them again today.I will look at the other options you have mentioned, but am a bit anxious at the moment, as am trying to stop my bank taking my tax credits to pay their charges.They have taken it for the last 3 months and its leaving me with a lot of problems and more charges. Need to sort this first!!

 

Just called the court again and the District Judge Millwood, has stayed all cases to do with penalty charges, banks and credit cards.I asked if they would be contacting me about claims i have in the courts and they said they would, so asked if i could contest the stay.I was told if thats the course i want to take, that i should seek legal advice!!

[elizabeth1]

ammani - try this letter to stop your benefit being taken etc.. to pay charges

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/42170-right-appropriation-stop-bank.html

 

I don't know if it works - but it's certainly worth a try?

[ammani]

Elizabeth 1,

 

thanks for that, i had actually seen it, and was going to send it, after having spoken with my bank.I called them, and they said they would get someone to call me back!! Am so livid. I am considering the idea of writting to my local MP,but then yet again, why not the PM!! lol i feel strongly enough about all this, to do that. Maybe if everyone did write to the PM, we might get somewhere!! Yet again i might write to him.Says you can on his webpage. We will see.

[Capitulator]

Hi ammani, looks like you've already seen the thread on which courts are ordering stays !

 

I was just about to refer you to this thread !

 

http://www.consumeractiongroup.co.uk/forum/general/109936-find-out-here-if-5.html#post1079559

 

I am likely to be a similar position soon as I have just received a standard response from them offering the difference between £12 and what they have charged me ! Needless to say I will be rejecting this !

 

if they request a stay, I will certainly be disputing this.

 

Good luck with yours anyway !

 

_________________________

Capitulator aka Tim

[ammani]

Hello Tim,

 

thank you for your reply. Yes i have seen that thread, thank you, i posted there. Good luck with your claim, fight them all the way.

[ammani]

Hello everyone,

here is my update.

 

Capital One has finally removed my default notice and are showing my account as settled. But they are showing all my payments for the last 3 years as being late! I contacted them about this, as i was in an agreement with them, and the Consumer Counselling Service, to pay them an agreed amount, on a specified date, which i kept to. They are saying that because i was on a reduced payment plan, thats why my account is showing as late! I told them i strongl object to this, as this is not a true reflection of my account, as i made payment on time each month and that reduced payments had nothing to do with payments being late. My claim is at the judgement stage, of which i have sent to the court. I am now wondering if what i put on my POC, will cover them, having to remove this adverse information from my account.This is what i added on a separate sheet:

~

The served Default Notice is unsubstantiated: the defendant bank did not supply an original notice of Default at the time of the served notice data being passed to third party Credit Reference Agencies.

The defendant bank refused to supply a copy of the Default Notice served on this account and failed to supply a copy of the original credit agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) when requested to do so .

• The Default Notice has been applied unlawfully: where I, the claimant consented in my contract with the defendant bank to the disclosure by the bank of certain data to third parties, at no time did I consent and neither was it within the contemplation of the parties to the contract that I did consent to the processing by the bank of that data in any manner which would be unfair or inaccurate or which in any way would breach The Data Protection Act 1998. The passing of personal data to third parties relates wholly to the implementation by the defendant bank of charges which have been applied to my account in respect of contractual breaches and where the said charges which have been levied at a rate which is in excess of the administrative costs incurred by the bank as a consequence of the said breaches are contrary to The Common Law.

As a result of the unlawful passing of personal data this Default Notice served has also affected my credit rating and my reputation and has caused substantial damage and distress to myself, my credit rating and my financial status. In respect of this I, the claimant am claiming £120 in damages through retention of accounts with higher interest lending companies being that the Default Notice kept lower interest lenders dissatisfied with my credit rating.

 

I contacted the court, and they say i would have to ask the court to let me amend my claim and then have to reserve the papers.As the judgement has been sent already, i am wondering what else i can do, to make sure they remove this adverse information. Any advice anyone? Would it be worth complaining to the OFT,FSA or the ICO?

[Paintball]

Hello Ammani

 

Oooo, I'm steaming mad on your behalf!! I am in the process of having defaults and all adverse marker data removed from my crefit reference file and am using this method Defaults - a proposed method for removal and the full template letter

 

This method brings into effect the Statutory S10/12 Notice which is a "Formal notice to desist from processing or disclosing personal subject data" in other words, remove ALL reference to Cap One on your credit file. I have have used it successfully with B/card and NatWest closed credit cards alongside my N1 claims. I have also served S10/12 Notices on Capital Bank and Capital One and am waiting to hear from them ... I will issue N1s if necessary.

 

I wonder if it's worth you serving an S10/12 Notice on Cap One; if they ignore it and you have to issue an N1, the Court cannot stay it as it is not a money claim .. ha!!

[ammani]

Hi Paintball,

many thanks for that. I have acrually sent a couple of these S10/12 Notices out to various banks, only to get a reply that they are withing their rights! But i just might try this tactic, cant lose anything by trying. I am so angry with Cap One, as payments were not late, they defaulted me, after sending me a letter stating that i owed nothing!They are so infuriating, but i wont give up on this.

[Paintball]

Now that's really interesting Amanni re the S10/12 Notices; I'd be interested to hear more so that we can work together to achieve positive results Can you send me a message to my email address with an update on this as I don't really want to put this on the open forum. You can click on the instant messenger icon underneath my avatar to send an email to me. Thanks ... Painty x x

[ammani]

Hi Paintball, i have just sent a S10/12 Notice to Capital One, just waiting to see, what they do.Will pm you and let you know, when i hear something. Good luck with your claims.

[ammani]

Hi all, 21 days have passed since sending the Statutory S10/12 to Capital One and just recieved the usual get lost letter, and am wondering what to do now. Should i persue this in court? And if so, what do i put on the NI form?They have removed the default notice, but have added other information that is not correct, even though they claim it is a true representation of my account!

[Paintball]

Have a look around this forum Data Protection and Default Issues and check out some other people's ideas ...

[kacisnanna]

Ndr Have Sent Me A Default Notice Saying They Will Register It With A Credit Reference Agency If I Do Not Pay Within 14 Days. I Have Sent Cca Requests To Both Them And Littlewoods None Of Whom Replied Within The Correct Time Frame. I Then Recieved A Unsigned Credit Agreement, Sent A Non Compliance Letter Then Had 2 More Statements From Ndr Adding £12 Each Time Now This. What Will I Do Now. They Have No Signed Credit Agreement But How Do I Stop Ndr Hastling Me. Please Help

[ammani]

Hello all, this is my update. As Capital One Did not put in a defense, after the required time, i filed a judgement against them, which was refered to the Judge. She queried the Judgement asking if i had recieved payment for charges, as Capital One wrote to the court saying they had settled the claim in full.I replied to the court giving an update, and a copy of a letter from Capital One stating that they had recieved back, the cheque they had sent me, which was just for charges.I also sent copy of the Notice Pursuant to section 10 & 12 of the Data Protection Act, that i had sent them. Saying that they replied saying the would still keep processing my data! I also mentioned i would be filing an N1 form for this. Am now waiting to see what happens.Spoke to the court today, and they couldnt advise me, as they have a backlog of 2 weeks.

 

Kacisnanna you might find it helpful to start your own thread, in the relevent section, so that someone with more knowledge than myself, will be able to help you.

[elizabeth1]

Ammani

 

CAP1 always write to court saying they've settled the monetry part to claims etc.. when they haven't.

 

They do ignore the S10-12 notices too.

 

You need to push for the paperwork from cap1 and ask court for an order to make them supply the CCA etc.. this way you'll be showing court that if they've no CCA = they've no rights to be making charges, writing to CRA's, issuiing defaults etc..

 

The CCA is your first way to prove this in court. Look at my signature and you'll see the argument I am using with CAP1 and Cabots DCA over the CCA etc.. my skeleton argument is there to help you. Have a read and use this as your guide in chasing CAP1 back. (if my signature doesn't show in this post click my name and go into it that way).

 

You need to keep it simple and start at the basics with the CCA or lse you'll find CAP1 will drown you in irrelevant paperwork to take the focus off the basics.

[ammani]

Hello elizabeth1,

 

many thanks for your advise. Of all the documents i reuested, they did manage to send me the original credit agreement, so cannot go down that road. I will be issuing a claim against them, for notice persuant to section 10 & 12 of the Data Protection Act. I am just waiting to see if the Judge makes any comment, about them ignoring this notice, that i served on them.

[ammani]

Hello all,

 

here is my update.Have a court case on 05/02/08. I will be attending, even though Cap One have sent me several letters saying that i am abusing the court system, and should drop the case.They still claim they have done as asked, paying charges and removing default. I sent cheque back when the credit agencies were showing default still on my account.Lol they say they have acted entirely reasonably and have refunded over and above the amount that i am entitled to.They also state that should i proceed they will seek an order for costs.I called them and told them i would see them in court, because even though they removed the default, they had added other bad information to my account, which is entirely ficticious.Anyway they defaulted me on an account that had a balance of zero, and i have a copy of a leter sent to me saying that my balance was zero, before the default date. Also i have found out that the credit agreement is not legally binding, as it does not contain all information that it should. So i am going to start with this tack i think, that credit agreement not valid, then they defaulted me without sending default notice, on an account that was zero according to letter sent by them to me.I have also stated that i sent them a notice persuant to section 10 of the Data Act, and they have ignored it. I recieved copy of their witness statement today,which made me laugh, as they really havnt got a clue.Any one any suggestions on how to tackle this?Thanks.

[elizabeth1]

If you have issued a section 10 notice they shouldn't be ignoring this - it's your statutory right to ask for this to stop these people processing your data.

 

I was in court yesterday with my hubby on a different case than CAP1 and I mentioned a similar matter to Judge an he wasn't impressed at all that this company was ignoring this notice - so CAP1 best be very certain of their grounds etc..

 

You need to keep your court claim simple - point form so as to keep focus on your various arguments,

 

You can also place complaints with ICO, FOS, etc.. and get this investigated by the bodies - you know they shpuldn't be doing this and they are just hanging tough. Don't let them intimidate you - hang in there and show them what the problem is. Will pm you

[ammani]

Hi everyone, i am in court tomorrow against Cap One. They tried to get out of it by saying they had decided that they didnt default me when they said, but 2 years earlier, and therefore would stop processing my data as 6 years was up! And that i wasnt entitled to damages and that they had contacted the court to say the matter had been settled. I contacted the court to say it hadnt, (as had not recieved payment, of charges and interest or damages i had asked for)even though they have now stopped processing my data.I put my court bundle in a while back, it was 250 pages, i am sure the judge will have fun reading it. I am going to show that they defaulted me unlawfully, didnt respond to my notice pursuant to sc 10 & 12 of Data Act, processed fictitious and slanderous information for 2 years and have abused the court system, and have purgered themselves twice by contacting the court to say the matter was settled. I wonder if anyone will turn up. Will update asap.

[Armsoft]

Hi everyone, i am in court tomorrow against Cap One. They tried to get out of it by saying they had decided that they didnt default me when they said, but 2 years earlier, and therefore would stop processing my data as 6 years was up! And that i wasnt entitled to damages and that they had contacted the court to say the matter had been settled. I contacted the court to say it hadnt, (as had not recieved payment, of charges and interest or damages i had asked for)even though they have now stopped processing my data.I put my court bundle in a while back, it was 250 pages, i am sure the judge will have fun reading it. I am going to show that they defaulted me unlawfully, didnt respond to my notice pursuant to sc 10 & 12 of Data Act, processed fictitious and slanderous information for 2 years and have abused the court system, and have purgered themselves twice by contacting the court to say the matter was settled. I wonder if anyone will turn up. Will update asap.

ammani,

Sorry I have not been around for a while, but hey you sure have moved on at a pace, Well done!!

 

Good Luck in court tomorrow (although I doubt that you will need any luck) I`d be supprised if Gonzo or Big Bird turn up at court from Cap1, so you`ll proberbly end up with just you and the Judge (and he sure won`t be impressed if your the only one there).

If they turn up, relax, focus on the facts etc.

 

[Josie8]

Good luck tomorrow.

 

Remember that the CCA Act 2006 provisions repealing section 123 are not retrospective

[ammani]

Hi Armsoft, hope your well. Thanks for that. I am ready to go lol, cant wait to see what the judge thinks of Cap One's behaviour, especially contacting the court twice, to say they had paid up and settled everything. Still no cheque!