Drew v Capital

[steven4064]

Yes - Consumer Credit Act 1974 s87

87.--(1) Service of a notice on the debtor or hirer in accordance with section 88 (a default notice) is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement,--

(a) to terminate the agreement, or

(b) to demand earlier payment of any sum, or

© to recover possession of any goods or land, or

(d) to treat any right conferred on the debtor or hirer by the agreement as terminated, restricted or deferred, or

(e) to enforce any security

[andyford2000]

thanks

 

should this document of been sent via special / recorded delivery

 

or are they free to send it via normal post, if so, how can they prove it was delivered / served

[steven4064]

I don't know of any rule but, in a defence, you can put them to strict proof that one was sent. If they didn't keep a record of posting, more fool them

[andyford2000]

hmmm so basically it would be my word against theres

[steven4064]

Not necessarily, putting them to strict proof would mean they had to at least prove they posted it. If they did prove they posted it then it would be your word against theirs whether you received it or not.

[banker_rhymes_with]

Hello Steven!

 

Not necessarily, putting them to strict proof would mean they had to at least prove they posted it. If they did prove they posted it then it would be your word against theirs whether you received it or not.

 

What would a Court accept as Proof they Posted it?

 

For example:

 

(a) A banker saying: "Yep, we sure did, here's a Copy of our Letter (that we knocked up just before Court to pretend we did, and back-dated it to get us out of the poo)."

 

(b) Certificate of Posting from Royal Mail or Post Office.

 

© Something else...?

 

I'm looking into the Orange Barcodes on some Letters, and have yet to crack what Barcode they are using. However, if/when I do, the Orange Barcodes on some Letter's Envelopes could prove crucial to many people to prove when a Letter was posted (or at least prove when Royal Mail Barcoded it when in transit).

 

But it's bothering me that these bankers send out many pretty crucial Letters (as far as the Debtor is concerned), but do so often very curiously in terms of Letter/Envelope Date mis-match, and then only via 1st or 2nd Class Post.

 

From many of the Letters I have been looking at, a large number of important ones don't tie up very well, i.e. Letter Date and any Dates on Envelopes are quite often Days if not a Week or more apart.

 

By comparison, routine Threat Letters seem to match perfectly, i.e. Letter Date and Envelope Date/Franking Marks are same Day, delivered next. The bankers don't seem to have any problem with them, and nor do they have any problem with Letters demanding Payment or telling people their Card has been Cancelled and Line of Credit has been Withdrawn.

 

IOW, they only seem to cock-up on the Dates (in their favour) when there's a Deadline, or when they want to restrict a Debtor's Deadline for responding.

 

It's clearly no coincidence.

 

Sorry to butt in, thought it was worth asking, as I'm sure andyford2000 would also be interested if we can establish what is the minimum acceptable Proof they need to produce in Court that an Important Letter was actually sent, and sent at a specific time/date to comply with any Period of Notice and/or Request Deadlines required by Law.

 

I have pretty clear proof that at least one s78 CCA Request I made was posted Late after a Deadline, and yet contained a Letter Dated 7 Days before the Envelope was Franked. Yeah, right, like I wouldn't notice!

 

Message to all, KEEP ALL ENVELOPES with any banking Letters you receive. If I can crack those Orange Barcodes, they may show when the Letter was handled by Royal Mail.

 

Cheers,

BRW

[andyford2000]

here we go, just received this today from NCO

 

would welcome peoples thoughts

 

Edited May 30, 2008 by andyford2000

[andyford2000]

bump please

[andyford2000]

urgent help please on the above

[andyford2000]

oh my god really desperate now, hellllllllllllllllllllllllllllllllllllllpppppppppppppp

 

please anyone, everyone

[foolishgirl]

I'm sure somone else will come along with more definitive response then mine but you sound really desperate. From your posts it sounds as though they haven't a leg to stand on & you've done all the right stuff so I would ignore the LBA & deal with a court claim if they make one. There are others on this site who will help you more expertly than I can to formulate your defence. Suggest you don't panic & sit it out. But if court papers arrive make sure you deal with them quickly, particularly in sending back an acknowledgment & denying any liability. You also then need to CPR the claimant immediately. If you post up the POC (with your details obscured) I'm sure someone from this site will help you through the process.

The really important thing is to remain CALM!! No-one is going to hang you at dawn.

[elizabeth1]

Andy - have they complied with the SAR and CCA requests yet? what is the date of those requests (I read earlier that you'd made these requests) are they past the dead lines yet?

 

I wouldn't telephone these people (never get into telephone dialogues with these people - keep it all in writing to avoid misunderstandings) BUT you could write to the explaining the account is in dispute - you cannot establish which way you are going with this until this company send you the papers you are requesting. I am sure there will be charges that they have added to this account within the Balance they are claiming - so in any event you have these to question - you can't so so without the full SAR request - this should contain everything you need.

 

You need to copy this letter to FOS to keep them updated by using the ref number you already have etc.. It's useful now that you have a Ref for FOS to copy all correspondence to them to keep them in the picture of what is going on etc..

You need to send two letters firstly (remember recorded delivery postage) an "Account is in dispute" letter and the reminder for the SAR - adapt these to suit your needs.

 

 

 

ACCOUNT NUMBER: XXXXXXX

 

Dear Sirs

 

Re: Account in dispute

I am writing to clarify that I am currently in the process of requesting a CCA and SAR to my account - requests were made on xx/xx/xxxx. To date this information has not arrived.

 

I note from your latest correspondence dated xx/xx/xxxx that you are proposing (to issue me with a Court Claim regarding this account?? ) - I need to make you fully aware that if you do I will be vigorously disputing the sum owed. (expand if you wish to CCA, SAR, CHARGES, DEFAULT NOTICE ETC.. as reasons = whichever you want to tell them about)

 

This account is already part of an FOS complaint with ref number xxxxx I shall be forwarding your letter to them to add to my complaint. Therefore this account is in dispute.

Yours sincerely,

 

sign here

 

 

If they have not complied with your SAR there are non compliance letters here and reminders etc..

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6986-data-protection-act-non.html

 

Hopefully these will allow you to respond and show them what you are waiting for etc..

 

Andy there are all sorts of letters in the template library to help you deal with issues like telephone harrassment etc.. if they call you - tell them to put it in writing you don't want to speak on phone etc.. http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/69359-cant-find-what-youre.html and there is an A-Z list of useful things here too to help you find things easily in CAG (worth adding to your favourite bookmarks pages)

 

Somebody else may come along with better advice than I've given - hope this helps you for now.

[andyford2000]

this is what i sent NCO recorded delivery a couple of weeks ago, they simply ignored my letter

 

NCO

Old Docks House

90 Watery Lane

Preston

Lancashire

PR2 1AU

13th May 2008

Dear Sir/Madam,

Capital One Bank - Account Number: xxxxxxxxxxxxxxxxxxxxxxxxxxxx

Thank you for your template threatening letter dated 29th April 2008 and subsequent Appointment postcard delivered 9th May 2008, with a further letter dated 15th May 2008, threatening court action, and proposing your intentions regarding this alleged debt. May I suggest that there is urgent liaison between yourselves and Capital One Bank regarding this matter? This account is in clear legal dispute. A formal complaint has been submitted to the Financial Ombudsman Service and acknowledged from the FOS on the 18th April 2008, reference number xxxxxxxxxxxxx.

I have contacted you on a number of occasions informing you that this matter is in clear legal dispute.

Any verbal or written contact from your company to myself, I will retain for my files and will take the appropriate legal action for unlawful harassment.

Please take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

Furthermore;

Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me over the past few weeks and these have been duly logged by time and date.

 

Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

Copies of this letter and your correspondence have also been copied to the Financial Ombudsman Service.

 

I look forward to your reply.

 

Yours faithfully,

[andyford2000]

bump

[andyford2000]

would certainly like some advice, I received this letter today

 

[banker_rhymes_with]

Hello Andyford2000!

 

Looks like wiss and pind to me.

 

I assume Ms Black is Captain Black's Sister? Ask them how Ms Scarlet is doing, and her good friends Ms White and Ms Poo Brown.

 

I doubt anyone will pitch up but, should they do so, keep a Copy of your "No Visitors" Letter by the Door, and shove that under their Bugle should they show up...and don't forget to slam the Door as they start to read it.

 

Cheers,

BRW

[havinastella]

Andy, what I'm about may sound blunt and cold and I apologise if it does.

 

Just read your whole thread and you were given advice to file the N1 in AUG 07, yet you seem to have ignored the advice on numerous occasions and from what I can tell, you still haven't filed it.

 

The process is Request charges, LBA and then file N1. In no other thread have I seem Capital One pay up the full settlement without being issued the summons, yet you seem to want to send them LBA after LBA. Its nearly 10 months since you sent them the first LBA and I would suggest you follow the advise given to you in August last year.

 

As to your "Credit Agreement" if they had an enforceable copy, they wouldn't still be sending you promises to take to to court they would have done it

 

Now update your Schedule of charges, copy the POC for Capital One and file the N1 Monday morning.

 

x x x x

 

Jogs

[andyford2000]

sorry i aint been on lately, been very ill and in hospital

 

I hear what everyone is saying and I should proceed down the court route,

 

i would certainly appreciate peopled guidance and help in this, is there some kind of step by step guide available for this

 

many thanks

[steven4064]

Andy

 

Sorry to hear you've been ill - I hope you are fully recoverd now.

 

You have already sent a LBA so you can proceed to issuing a claim in court. Youneed to fill in a form N1 and attach particulars of claim and your schedule of charges (updated if there have been more sionce the LBA)

[andyford2000]

can i claim for both PPI and Charges in the same claim, or do i have to do seperate ones for each

[steven4064]

You can claim both at the same time. On what basis are you claiming back PPI?

[andyford2000]

miselling and also want default default removed form my credit files

[steven4064]

You can include default removal.

 

Why do you consider PPI mis-sold?

[andyford2000]

Why do you consider I was mis sold PPI, very simple really, I never asked for it, and they cannot prove I did, apart from saying for i asked for it over the phone lol

[steven4064]

Is the box ticked on the CCA?