My Bro Vs Capital one

[indebtstudent]

So difficult not to just pop that tempting r into thier name.

 

Anyway the story so far, sent SAR then waiting a while (bigger case to deal w/ re Natwest), but Cap one got back on to my bro re debt collection agency and so I sent a Prelim. Received reply full of waffle very quickly, saying they would refund £88. The charges come to £200 so I don't think he should accept this.

 

In addition they say they now charge £12 to bring them in line with competitors. Yeah right!

 

At present the debt is a shady under £700, but the credit limit is £500. I plan to write back saying he will only accept thier offer as part payment and wil proceed to court after the second deadline. I might even be nice and point out that this will cost them more.

 

They said they will not budge on the default saying they have a duty to record info accurately etc. Well they've also go a duty to act within the law and if they won't budge then I guess we will just have to thrash it our in court won't me...

 

I feel no fear now I'm used to this guff from banks, just irritates me slightly that they still try it on. Idiots, thier money that will be wasted at the end of the day.

[Alphageek]

Keep to the timetable and ignore their waffle. Nearly everyone on here is getting the same letters from them.

 

Good luck.

[indebtstudent]

They're actually ahead of shcedule but this means I can send the LBA out sooner surely

 

Thanks capital one u rule!

[indebtstudent]

Final warning sent...

[indebtstudent]

Now the dilemma, everyday I don't claim the interest increases... Also they've refunded the £80 despite my letter saying part payment only...

 

Think I'll bang in a CCa request then file for court if they comply. I like making companies jump through hoops...

[indebtstudent]

Cap one have messed up...

 

They responded to a CCA request by saying they are not required to provide a copy of the default notice (not my understanding). In addition their proof of the agreement is just printed out and has no signitures on.

 

I'd just love it is they have overlooked something so significant.

 

They even said they can confirm the default notice was issued (if so where is it???). I think the word alledged is going to be used an awful lot not. Better go check the spelling first

 

Oh yes and (I really like this) though they claim to not be under any obligation to provide a copy they sent a template to show what the notice would look like. Hmmm, gee whizz, where to start?

 

At first glance it would appear that they have rather shot themselves in the foot and are bluffing. Comments/suggestions?

 

I'm not in a rush to reply as I believe the threat of any action can be nullified by the above revelation. They even refund four quids worth of payment protection nobody knew they had.

 

My take is that they're trying to apprear helpful because they know they're in a very sticky situation. I know it is morally dubious but if they can't prove the debt why pay it?

[indebtstudent]

Doesn't anybody else find this interesting? No agreement makes it very difficult for them to pursue payment surely?

[sarumane]

Don't know if this helps...

 

sarumane

 

Remove Default Notices on a Credit File - We show you how

[indebtstudent]

Can anyone make a suggestion? Capital One's reply is thus... I've shortened it a little.

 

You requested copies of the executed credit agreement and a statement of your account under section 78 of the Consumer Credit Act 1974.

 

Please find enclosed a copy of the current terms and conditions of your agreement, in complaince with section 78 of the Consumer Credit Act 1974.

 

You requested a copy of the default notice we issued on your account. Under section 78 we are not required to provide a co0py of the default notice and statement of default. However, we can confirm that a default notice was isssued on 26th april 2006 and a statement of default was issued on 16 May 2006 in the sum of £733.23.

 

For your records I have included templates of the default notice and statement of default. These are identical to the letters that you were sent, without the specific details of your default, which is stated above. I also enclose a screen print of your account records confirming the dates the default notice and statement of default were issued.

[indebtstudent]

Two things

 

1) The credit agreement is not signed by them or the customer. Is this valid? I thought the wording was SIGNED executed agreement?

 

2) Cap one appear to have admitted that they cannot produce a copy of the default. This will be dynamite later (unless I'm very muhc mistaken)....

 

Need to know how best to proceed. I want to send something saying thier goodwill gesture will only be accepted in part payment and file for court.

 

Is this the best course of action (to get the full refund then challenge the default?) or would I be better off probing the agreement a little more?

 

Does it have to be signed? Need some cold hard facts here people!

[steven4064]

Hi indebtstudent

 

Under s78(1) of the CCA 1974 you are entitled to a copy of the executed (ie signed) agreement plus details of payments, etc. However, under the 1983 regulations the creditor can supply T&Cs and other stuff instead. Having said that, though, this other stauff is not enforceable - to enforce the debt they must provide a copy of an executed agreement. It is an offence for them to provide an application form instead.

 

From what you have posted I didn't understand that they couldn't produce a copy of the default, only that they didn't have to under the CCA - which is true, they don't. However, if you send them an SAR they should produce it - make sure though that you explicitly ask for it (they will try any excuse...).

 

Finally, if you wnat the default removed (and this is reasonable if the default is about the same as the amount charged in unlawful charges) you must stick to your guns and not accept any offer as a final settlement until the offer includes removal of the default. Otherwise you have no lever to persuade them to remove the default.

[elizabeth1]

Two things

 

1) The credit agreement is not signed by them or the customer. Is this valid? I thought the wording was SIGNED executed agreement?

 

2) Cap one appear to have admitted that they cannot produce a copy of the default. This will be dynamite later (unless I'm very muhc mistaken)....

 

Need to know how best to proceed. I want to send something saying thier goodwill gesture will only be accepted in part payment and file for court.

 

Is this the best course of action (to get the full refund then challenge the default?) or would I be better off probing the agreement a little more?

 

Does it have to be signed? Need some cold hard facts here people!

Send them an SAR request and this will have the default notice within it. Make a point of making sure you write within your request you want to see ALL CORRESPONDENCE including default notice.

 

Sounds like the CCA is unenforceable - can you scan and post it here? (remove sensitive data) NO CCA = NO DEBT for them to enforce.

 

If this is so you can claim back Charges, Interest they charged you, PPI and add the 8% interest to it. You can do this in a court claim. You can also ask court to allow damages and for an order to get the default removed and for the negative data to be removed from CRA files (equifax, experian etc..).

Because if there wasn't any CCA in place they should not be sharing your data without your permission, balances are wrong due to charges and so on - if there is NO CCA Cap1 don't have any rights at all.

 

Hope that helps.

[indebtstudent]

I don't have a scanner but honesty it is just standard T & C stuff with a name printed on it. I could do it if I had the template. The default notice is the same except it has [insert name here], it is definately a template.

 

I have already sent an SAR as the intention was to claim charges back. They have refunded the difference between the charges and the OFT figure (which I know is utter rubbish).

 

The fact they haven't produced the document indicates to me that they cant (eg I sent for one to A & L just for daft and it arrived within the week).

 

So yes I've already sent an SAR so I'll just send another one saying I want ALL information they hold and point out that thier offer is not accetpable. The charges alone come to £200 (leaving the debt at just under £500 - below the actual limit). Then there will be interest IF it goes to court. Along with the SAR I'll put all of this stuff in about default and not having my consent.

 

Am I best off being proactive giving them strict timescales or taking the laid back approach and saying go ahead sue me? (well in this case my bro).

[mrsc]

Hi there,

I am in exactly the same boat as you, seems to me that we got exactly the same letter and templates, I have posted them on my thread have a look and see what you think.

 

Mrs c

 

sorry don't know how to do links.

 

Its capital one and buchan clark and wells in the capital one forum

[indebtstudent]

They came up with the document eventually so best to get this claim in ASAP, always get your retaliation in first

[steven4064]

sorry don't know how to do links.

how to do links and many other useful things are described in the dummies guide - see my signature.

[mrsc]

Steven4064

 

Thanks for the info, okay so there may be no hope for me then,as I have read that, thought yeah that looks easy,and I still can't do it.

I am getting so frustated with myself ha ha.

[indebtstudent]

Right I'm having a sorting out day today, I've just done the LBA for Halifax and I'll knock out the court claim for Cap One today. Just one more question now that I'm starting to help them get sorted Cap One have sole the Debt to Lowell.

 

I detest these debt collection companies and would rather they made any payments to Cap One. I guess they can't do this unless Lowell isn't really a company and is part of Cap One if you get my drift.

 

I think I'll get my answer if Cap One cave in. If they credit the funds to the account then clearly they can still operate it and payments will be made accordingly, if not they'll get a cheque which they can give to another creditor

 

I can't decide whether to put in the default issue. They've been defaulted for £700 odd but this already wrong since the balance has been reduced. Assuming they pay the other charges the amount will be below £500 which was the original credit limit.

 

Does this make a difference or are they screwed because the whole amount of the default isn't charge related (the charges didn;t help like!)...

[steven4064]

I think the issue is whether you would have got the deafult anyway. If not, go for it. If your position was such that you would have got the default anyway, then leave it out.

[indebtstudent]

I'm not going to put it in because I want to try something else I found on here to clear it

 

PLus the default would have happened anyway.

[ukaviator]

CCA request?

[indebtstudent]

Sorry yeah they came up with the goods after quite a long time, they've sold the debt to Lowell hence my sudden interest in bringing the case to court.

[indebtstudent]

I have s ent a letter to Lowell informing them that court papers have been issued and that they cannot enforce the debt etc. I'll send sterner letters depending what course of action they take.

[indebtstudent]

Field for court now, the staff member at the court told me all charges cases were being stayed but I don't think this is correct. If it is then they'll just have to wait, what a pity

[steven4064]

It certainly is not correct - the only cases that should be stayed are cases for charges on personal current accounts since those arethe only cases to which the OFT case applies. Make sure that the court staff are aware of that. THe OFT case most certainly does not apply to credit card claims.