Drew v Capital

[andyford2000]

hmmmm one thing i have noticed though with

 

http://i33.photobucket.com/albums/d70/andyford/7thSeptember20073.jpg

 

it states on the top it is an application form and surely signing in that little box doesnt constitute a proper credit agreement.

 

do i need to call debitas legal regards their last letters

 

no mention of my ppi claim from cap one either, should i just proceed now with N1 for both and also ask that default is removed from ones credit files

[Schmidlin]

Andyford2000,

 

I'm in exactly the same boat as you at the minute, my account has closed and i'm trying to get the Default removed.

Just about to send N1 today/tomorrow, what exactly have you put in your N1 regards the Default Removal?

 

Many thanks,

[andyford2000]

well thats it then, decided to go through the financial ombudsman service papers all sent off today.

 

lets see what happens now

[andyford2000]

bugger me, had a letter back from the ombudsman on the 18th April, not heard anything else as yet.

 

but hey, had a letter today from a debt collection agency asking for full payment otherwise i will end up in court, bankrupt and other things.

 

 

hmmmmmmmmm. what to do, surely this cannot be right can it

[gni03349]

You are right.. its not right. I've very quickly scanned the thread (well, read page 1 and 5 and 6, and skimmed the rest). You have CCA'd and S.A.R - (Subject Access Request)'d them, and therefore the account is in dispute. BAsically, nothing can be done with the account, which includes passing it over to any third party.

 

As for what they are saying.. it's complete and utter bol... oops, its sunday... um.. its rubbish. Just scare tactics, and they know you are on to them, and that they will lose. They are just hoping you'll cave in and pay, but you've come too far now. Just keep it with all the other toilet paper they sent to you.

 

Who is this debt collecting agency anyway?

 

I'm no expert, so anything else I missed or stated incorrectly will be added/corrected by the far more clever people on here when they wake up

 

(You have a great postal service if you get mail before 7:30 AND on a sunday by the way ).

 

 

Regards...

[mkandy]

Just having a look through your thread and can't work out if you've filed yet.

 

None of those documents you've scanned are enforceable agreements, so essentially you have them by the short and curlies. With regards to Debitas, they are being pretty naughty by continuing to pursue a debt which is clearly unenforceable and therefore, in dispute. Are you sending letters by recorded delivery? If so, keep the stubs just in case.

 

If you haven't already filed, i would do it sooner rather than later to stop the threatening letters. Include all charges, interest, PPI and the Default. Capital One will undoubtedly say they are going to defend, then settle out of court and give you your money back, but leave any (correctly applied) adverse credit data on your file. At this point i would contact them directly, stating they do not have an enforceable agreement, and unless your exact terms are met (aka default removal) you fully intend to go to court. You'll probably get more letters stating they do have an enforceable agreement, then as a gesture of goodwill they will remove it.

 

It seems that adverse credit data is more important to Capital One than giving money back. Maybe it's the final underhand thing they feel they can do to people who threaten them?

[mkandy]

Just another thing, i wouldn't go through the FOS.

 

If it was just for charges, then yes, if it's for default removal and PPI, then involving more detailed contractual arguments i think it's better if you just file the N1 yourself. Whilst it is more time consuming, and daunting going to court, you'll reap the rewards more easily, rather than with the FOS who will no doubt win you money back, but not the removal of adverse data.

 

File it yourself and take it to them!:grin:

[andyford2000]

many thanks for the info and your thoughts.

 

the debt collection company concerned are NCO Europe, I have had one phone call from the regarding this matter, I informed them that it was indispute with CAP 1 and that it was being investigated by the FOS and gave them the reference number concerned. They said they couldnt would still pursue me for the money.

 

should i also write to CAP 1 and give them the reference number for the case from FOS and inform them that they shouldnt pass the debt on to anyone whilst its in dispute.

 

Also, should I send a copy of the letter to FOS for their files on this matter

 

many thanks in advance

[andyford2000]

wel this seems to get better and better,

 

had a post card delivered from NCO today, informing me that a MR such and such will be calling to home on tuesday sometime between 9am and 9pm...

 

what should one do, helllllllllppppppppppp please

[andyford2000]

bump

[Alphageek]

It's likely just a scare tactic and no one will turn up. But even if they do, what's going to happen?

 

Nothing!

 

I would just have ready a note with the FOS number on it and a brief explanation that you will be adding Mr So and So's name to the complaint immediately.

 

Hand it to him, close your door. Simple.

[Alphageek]

Oh, and don't forget to show your human side and console the poor fool for not doing too well at school and ending up in a bum job.

[andyford2000]

lol

 

yes, but i will have to have a day off to wait in for him all day, perhaps i should be really flipant and hand him a bill for days lost earnings too, as i have to be at home all day from 9am to 9pm waiting on the off chance his does actually turn up.

 

any other thoughts from anyone else

[mkandy]

Personally, i wouldn't worry about a baliffs visit, nor take a day of work for it.

 

I think the best way to treat this situation is to contact both capital one, and NCO by letter, recorded delivery, stating that the account is in dispute. There is no enforceable credit agreement, and therefore no debt. NCO must stop any contact with yourself if there is no agreement in place, though this must be confirmed by Capital One. There should be templated letters to help you deal with this.

 

Again, as i stated before you'd be best filing this case in court yourself, using the N1 form, rather than FOS. FOS will no doubt get you a settlement of charges, but only charges. The N1 route is the only way to get everything you want.

[ukaviator]

Hi Andy

 

Here is the guidance for debt collection from the OFT, note 2.12:

 

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

 

The account is clearly in dispute.

 

f. visiting or threatening to visit debtors without prior agreement when the debt is deadlocked or disputed.

[andyford2000]

does anyone have any kind of template letter I may steal from them regarding this kind of situation.

[andyford2000]

bumpl please

[andyford2000]

bump urgent, need some kind of letter if possible to had to the guy from NCO if he should call round tomorrow (Tuesday)

[elizabeth1]

Hope this helps you - it's taken from this link there are a few examples of letters there regarding home visits threats etc.. - You can edit this to hand to any visitor if needed.

 

http://www.consumeractiongroup.co.uk/forum/letter-templates/131334-dca-response-threats-home.html

 

Dear xxxx

 

Account Ref xxxx

 

Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me by telephone over the past few weeks/months 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.

 

Yours faithfully/sincerely,

[andyford2000]

this is what i sent NCO

 

Dear Sir/Madam,

Capital One Bank - Account Number: xxxxxxxxxxxxxxxxxxxx

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 7775489/SI/CCJ3.

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]

also had a letter from them today giving me 72 hours notice before they pursue the debt through court.

 

arhhhhhhhhhhhhh this is killing me now, crap one

[elizabeth1]

also had a letter from them today giving me 72 hours notice before they pursue the debt through court.

 

arhhhhhhhhhhhhh this is killing me now, crap one

 

 

Right OK then if they do take court Actions - you vigourously defend and counterclaim - deal with it IF it happens

 

Don't let these people raise your blood pressure - post up if anything happens we can help you sort them out.

[andyford2000]

cannot believe i aint heard anything more from the FOS since they sent me a reference number, should I copy all the NCO stuff and forward that to FOS too

[elizabeth1]

cannot believe i aint heard anything more from the FOS since they sent me a reference number, should I copy all the NCO stuff and forward that to FOS too

 

 

Andy YES do copy everything to FOS as it displays clearly where things are up to and what these companies are doing to you etc..

[andyford2000]

just been thinking about all this capital one thing and all

 

am I right in thinking that at some time they should of notified me that they were placing my account in default. I have never received any kind of letter saying this, surely this cannot be right. If so, how can one prove that they never sent a letter or anything, surely such an important document would of been sent recorded delivery.