Capital One old debt

[ODC]

Like these DCA employees ODC

I see Hayley looking well

[The GodMother]

Goldlady that is brill.

 

trixter they defaulted on the 17th october then so it makes it wrong for them to have sent the default notice especially when they are the ones that have defaulted.

 

I would advise you sit and wait as you dont have to talk to any dca at all let alone let them into your house.

 

On friday 16th Novcemebr there 30 days is up so they cannot do any more without taking it to court and having the default removed so they can persue the matter which a judge would not do without the cca of 1974.

 

I would just sit and wait until they send sumone or u recieve the necessary court papers as they have them selfs up a creak without a paddle.

[trixter444]

Hi guys

 

ODC - I sent the letter as I was a bit worried a muppet may turn up on the door, and on the end of the letter I reiterated the fact that I was still waiting for the CCA to arrive, not the app form. Letter received back today from them saying:

 

"In response to your letter dated 20th october, please be advised that the credit agreement was sent to you on the 16th october. Please find enclosed a copy of the original letter dated 16th october for ease of reference.

 

We trust this information clarifies the matter".

 

And lo and behold they have sent me the same as they did the other day, the "credit agreement" which you all say is actually the application form.

 

Do I just sit and bide my time now until fri 16th november?

 

Thanks, and sorry for sounding thick.

 

Trix

[The GodMother]

yes just wait. A credit is not an application form.

[The GodMother]

send this. just ammend as necessary. if u require any help PM me.

 

Re: my request under the Consumer Credit Act 1974

 

Thank you for your recent letter sent to me, the contents of which are noted. I appreciate your quick response to my original letter. However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974.

 

The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter.

 

My request remains outstanding. An unsigned credit agreement with incorrect personal details simply printed onto it, like the one you sent in your reply, does not constitute a true copy of any credit agreement that may or may not have been signed by me on the opening of this account. A blank agreement neither confirms that I am liable for any alleged debt to you, nor gives me any chance to evaluate whether any original agreement was ‘properly executed’.

 

I still require you to send me a true copy of the original credit agreement that you allege exists. As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.

 

You had until 31st May 2007 to provide me with the true copy I requested. You are now in default of my request. Any account I hold with you is now in legal dispute. Whilst the account remains in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agency.

 

To register information with a credit reference agency, you must have written consent from the customer to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.

 

The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office

 

The time limits, which are laid down in the Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 are clear. You must supply an executed credit agreement within 12 + 2 working days of a proper CCA request. If you fail to comply with a legitimate request the account enters a default situation and if you fail to comply after a further 30 days you commit an offence. If you continue to try to enforce this debt without complying with my original request you will have committed a criminal offence and your conduct will be reported to the Office of Fair Trading, the Financial Ombudsman and Trading Standards. Any investigation undertaken by them may affect your ability to offer credit in the future.

 

To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Whilst you remain in default of my request, you are not permitted to take any action against this account. This includes adding further charges and passing any information to the credit reference agencies.

 

Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me.

 

 

I look forward to your reply.

 

Yours faithfully

[trixter444]

Godmother - you are superb!!

 

Thank you, will let you know what reply is received to it.

[The GodMother]

yw. as i said if u need any help ammending let me know.

[trixter444]

Godmother/ODC

 

I have just been looking onthe forum and the credit agreement that has come is exactly the same as Groovychicksmum's on the thread:

 

Is my agreement enforceable - Useful

 

She asked if this is an application form or credit agreement but nobody gave her an answer, can you have a look and see.

 

Thanks

[The GodMother]

ok will see what i can do.

[trixter444]

Its in the debt collection and debt collection agencies part.

[trixter444]

Forgot to say, it was only the first page that got sent, no t&c's came or statement of account with this last letter either.

[ODC]

Well if there were no terms or conditions its not valid

[The GodMother]

still send the letter though and point out in the letter that u never got and t&cs relating to when the account was opened.

[ODC]

Its not up to you to point out their mistakes. They are the so called professionals and know what an executed CCA SHOULD contain. They have not complied with your request and are in default. Next time they demand money report them to Trading Standards

[trixter444]

Thanks for your help guys, will do.

[The GodMother]

no need to thank me i learnt everything of this site.