CCA -The Final Countdown!

[the main man]

Right, starting own thread because Capital one are the only CC who have totally failed to provide anything in my CCA request!

To date all I have received is an envelope with a comp slip in with the writing "Please find enclosed your agreement T&C to follow" and that was it, no agreement was enclosed and the T&C have never materialised.

Payments on the account are up to date and Cap 1 have taken last months payment, despite the account having been placed in dispute. So not to sure at this point whether or not to cease payment or just let Cap 1 score as many own goals as possible before I start my fight back?

 

Day1 20 April 2007

CCA request sent with £1.00 enclosed

Day13 3 May 2007

Received envelope with comp slip

Day27 17 May 2007

Letter sent reminding them of their obligations under the Consumer Credit Act, account in dispute and to stop processing data.

Day 38 28 May 2007

The final countdown to them committing an offense. I am not sure as which route to take if they don't comply, cease payments and let them do the chasing or Trading Standards any advice would be very welcome!!

 

MM

[conar686]

What address did you send the CCA request to - I'm about to send them one & want to get i to the right person

 

MAC

[the main man]

Hi Conar,

 

I have sent it to

Capital One Bank(Europe)Plc

PO Box 5283

NG2 3YL

 

It will be interesting to see if you get a reply, I know there are others in the same position as me!

[conar686]

Thanx sport

 

I used the following for my combined DPA & CCA request - being scottish It felt good to save a quid

 

 

Legal Compliance Specialist

Capital One Bank (Europe) plc

Trent House

Station street

Nottingham

NG2 3HX

[the main man]

Thanx sport

 

I used the following for my combined Data Protection Act & CCA request - being scottish It felt good to save a quid

 

 

 

 

Legal Compliance Specialist

Capital One Bank (Europe) plc

Trent House

Station street

Nottingham

NG2 3HX

 

Hey, I'm impressed and that's from a Yorkshire man

[the main man]

Day 45 This morning I have sent a message to Consumer Direct outlining my complaint against Capital one. I have decided that I am not going to do the chasing for the agreement as they have conveniently ignored my last letter, and sent me a statement this weekend adding interest.

From what I understand I have to allow extra days for weekends and Bank Holidays within the time scales, so don't think they will have committed the offence till later this week. Hopefully TS will be able to get C1 to produce a positive reply

[the main man]

Day 45 I have received a response today from my message to Consumer Direct

 

Dear Main Man

 

I refer to your recent enquiry to Consumer Direct regarding a problem

which you are having with Capital One. I understand that you have asked

for a copy of a credit agreement which you have with the company and

which they have not so far sent.

 

As you have pointed out, the Consumer Credit Act 1794 provides that when

you ask for such a document the credit company should provide it within

12 days if it is a fixed sum credit agreement . If they do not supply

it within a month they may have comitted an offence under the Act. If

the account is running account credit they are also obliged to supply a

copy of the agreement within that time if asked. If you are not getting a response from Capital One it may be possible to refer the matter to

your local Trading Standards Office for further assistance. If you would like me to do this would you let me know.

 

I could not advise you to cease paying until you get the information

which you have requested, but if the Credit Company is in default of its

duty to supply the relevant information it cannot enforce the agreement

for as long as the default continues. Enforcing the agreement would be

taking action to recover the debt outstanding on the agreement.

 

I hope that this is of some assistance. If you would like me to refer

this matter on, would you let me know. It may be of helpful for you to

give me a call on the number below so that I can get some more

information about the problem.

[the main man]

Day 49 Yesterday Consumer Direct referred it to Trading Standards and TS rung this morning but unfortunately was at work. The Postman also delivered a (we are going to do our best to kid you) letter from Cap 1 this morning in reply to my CCA request, 49 days ago!! I would appreciate any views and comments.

 

http://i172.photobucket.com/albums/w9/Themainman_bucket/CAP1CCALETTER.jpg

http://i172.photobucket.com/albums/w9/Themainman_bucket/CAP1APPLICATION.jpg

[the main man]

Day 123

 

Well a quick update from my previous posting, TS have confirmed the late reply to my section 78 request was not acceptable and they have reported them to OFT.

 

I have ceased payments on the account and am currently being bombarded with phone calls and letters (around 50 calls are being logged from them per week!) I have reported this and the late payment markers they are putting on my credit file to TS, so will be interesting to see how soon they will stop!

 

TS have also set up a meeting (which may have happened) with Cap1 to discuss section (77-79) of the Consumer Credit Act of which my case would be one of them involved, so I am awaiting a decision at present from TS which hopefully will be this week!!

[Maggiebroom]

Hi There

 

I too am having trouble with Crap 1 with over 120 phone calls since 27th July. (up to 12 a day). They are also in default with my case as they only sent me a copy of my application form (it says so at the top) with none of the prescribed terms and only current terms & Conditions. They did not supply this within the first time limit so are in default. Trading Standards are currently trying to get all my calls stopped as they are (in my opinion) bullying and harassment of the first degree. I have also made an official complaint to the FOS and they are investigating.

 

Having had a look at the form they sent you, that also is definitely not an agreement, just an application, so you are within your rights to withhold payments, until they produce an agreement (which as in my case I am convinced they can't)

 

My husband applied for his CCA on 3rd July and has not heard a thing, so as of Thursday they will have committed a criminal offence.

My problem is they seem to get away with these bullying tactics, with little regard of the law, and the authorities seem to turn a blind eye. At least my TS office is attempting to help. Wait till you get the patronizing letters from Ellie Renshaw. I want to see that woman get her comeuppance, she is such an arrogant b****.

 

I suppose you have been sending everything by recorded delivery. Of course you have.

I shall watch your story with interest, as it is so close to my own. Good Luck

 

my thread is Capone (cap one)

 

Maggiebroom

[the main man]

Day 141

Well have had a good chat today with my local TS officer and they seem to be on board, they agree that what Cap1 have supplied following my section 78 request is not acceptable. They are now awaiting feedback from Nottingham TS about the meeting they have had regarding section 77-79 requests.

 

Because of the phone calls I added BT's Choose to Refuse where you can bar certain numbers from calling you but somehow they have the ability of bypassing it:eek: No doubt BT will have an excuse for them being able to do this, after all it's good to talk, especially when money is involved!!

[conar686]

TMM

 

My agreement is exactly like yours, Received their 'final response and complain to FOS' letter so have complained to OFT on 4 Aug.

 

Which TS office have you used & can you PM me the email addr you are using to contact them. I'll add my complaint to yours more complaints the better

[gill5blue]

hi

subscribing as I too am having trouble with cap1

good luck with yours

[the main man]

Day 143

Well something has happened, my phone has gone silent:shock: no calls since late Friday!! Don't know if it was the BT choose to refuse that has stopped it, TS or the 7 harassing phone calls I gave them on Friday threatening legal action, after I thought they could bypass the BT thing.

 

After 3 months of phone calls I don't care which one it was, whether it lasts is another matter?

[Maggiebroom]

Day 143

 

Well something has happened, my phone has gone silent:shock: no calls since late Friday!! Don't know if it was the BT choose to refuse that has stopped it, TS or the 7 harassing phone calls I gave them on Friday threatening legal action, after I thought they could bypass the BT thing.

 

After 3 months of phone calls I don't care which one it was, whether it lasts is another matter?

 

HI Main man

 

Our stories are so similar it is frightening except that my TS Office turned out to be a load of crap 1 . Perhaps your call centre person has a weekend off. Theres the american and the african man and the foreign (asian?) lady who is the rudest of the lot. All A******** the lot of them. They should get a proper job. I have even had sneaky calls from Capitas Legal Services who are Capital Ones legal Department. They really made me angry for assuming that I would fall for the trick of phoning with a different number and slightly different name and treating me like an idiot. You have to laugh though. They are so predictable. Calls ten minutes apart on the hour or every two hours. Mine come between 12.oo and 9.oopm every day. We have now got into the habit of timing the first one and we are never more than two minutes out either way.

 

Sorry to be the bearer of doom but don't get too complacent my friend. I too on Thursday and Friday had call free days after three months of continuous calls. Yesterday they started again, and today they are back to normal (normal :-?). I want these people on a plate so bad I can smell their blood. And Ellie Renshaw I hope when I eventually get to court (and I will) had better watch out. I want that woman face to face so I can see the smug smile wiped off it.

 

Best of luck Main Man I hope your calls have stopped.

 

maggiebroom

[delta6370]

Cap 1 signed for my CCA request on the 3rd July, so far I have received 2 statements (with interest and charges) and lots of phone calls and best of all, a letter from them asking me to pay.

 

I avoided the phonecalls last week by refusing to go through security, but then I got a bit peeved and went through security and gave the woman on the other end a fair piece of my mind.

 

Everything was 'company policy this, company policy that' so I politely asked her if it was company policy to commit a criminal offence

 

She told me that there is no legal onus on them to provide me with anything until the arrears (all £6 of them) on my account are cleared.

 

She also told me that because she worked there and I don't work in the credit industry, she knew what she talking about and I knew nothing.

 

I then suggested that she go away and find herself a copy of the OFT guidelines and read them.

 

I also filed at court last week for my charges (+CI) back, got the paperwork back on Thursday, deemed as served on the 6th, funny thing is, the phone has been silent since !

[stevokenevo]

Just out of curiosity, perhaps i have missed the point, but, why have you ceased payments to your account?

[the main man]

Hi Stevo,

 

I have ceased payments on the account because Crap 1 are in default of my section 78 request under the CCA 1974. I originally requested a copy of my agreement back in April and as Crap1 didn't provide it within the required timescales (12+2+30 days) they committed an offence, and the account went into dispute. Whilst in dispute they are not allowed to enforce the agreement (ie; demand payment, add interest, process date to third parties) until such a time that they comply with section 78.

 

To date all they have provided is an "application" form (the only thing I ever signed) this is lacking all of the prescribed terms required for a signature document. As they didn't comply with CCA section 61(1)(a) signing of agreements the account is unenforceable via CCA section 127(3).

 

Regards

 

MM

[stevokenevo]

ok, thanks

[the main man]

Day 172

 

Well, last week after waiting what seems an eternity for TS, I sent a letter to Crap1 stating that the application form which they sent me falls short of their obligations and if they wish to take me to court!

 

Today I received a classic reply from the now famous E. Renshaw who kindly states that Crap1 will be unable to provide any further documentation to support my section 78 request, and that this is now their final

response.

 

http://i172.photobucket.com/albums/w9/Themainman_bucket/Cap1reply.jpg

 

Still no phone calls, but the silence from TS is deafening:rolleyes:

[conar686]

Day 172

 

Well, last week after waiting what seems an eternity for TS, I sent a letter to Crap1 stating that the application form which they sent me falls short of their obligations and if they wish to take me to court!

 

Today I received a classic reply from the now famous E. Renshaw who kindly states that Crap1 will be unable to provide any further documentation to support my section 78 request, and that this is now their final

response.

 

http://i172.photobucket.com/albums/w9/Themainman_bucket/Cap1reply.jpg

 

Still no phone calls, but the silence from TS is deafening:rolleyes:

 

All pretty standard from a 'Banker' initiate a complaint with the FoS as you have their final response. Re TS write and ask for a status update on your compliant, if you receive no response then write again and request a copy of their complaints procedure.

[the main man]

Hi Conar,

 

At least within the letter they sent they have stated "they are unable to send any further documentation to support my request", my trading standards are of the opinion that they haven't complied with the section 78 request so I have emailed the letter to them. I haven't fully given up on TS but do get the impression they are not really interested.

 

Has anyone had experience of the FOS on CCA issues? and any successes? If not I will have to start doing my homework on the court route.

[conar686]

Hi Conar,

 

At least within the letter they sent they have stated "they are unable to send any further documentation to support my request", my trading standards are of the opinion that they haven't complied with the section 78 request so I have emailed the letter to them. I haven't fully given up on TS but do get the impression they are not really interested.

 

Has anyone had experience of the FOS on CCA issues? and any successes? If not I will have to start doing my homework on the court route.

 

Email, rx'd yesterday, from FoS re my complaint against AK - this should tell you all you need to know. Time to think again

 

Thank you for your e-mail and attachments.

 

I am sorry to disappoint you, but your complaint does not appear to be one we are able to deal with.

 

That is because the business you have complained about only became covered by us on 6 April 2007, and we have no authority to deal with complaints against it about things that happened before that date.

 

As the complaint has been completed the date complained is 04/02/2007.

From what you have told me, your complaint is about something that happened before 6 April 2007 which means that even though you are still in dispute with the firm we are not able to look into the matter.

 

 

However the Finance & Leasing Association may be able to advise you and their contact details are:-

Imperial House

15-19 Kingsway

London

WC2B 6UN

Tel: 0207 8366511

Fax: 0207 4209600

Web Site: http://www.fla.org.uk/

e-mail: [email protected]

 

The term 'chocolate fireguard' has been used to define how good the F&LA are.