Capitial One - CCA Request

[Mochamoo]

Re: Capitial One - CCA Request

I would send them the one I posted its from CB CCA guide.... no CCA will scare them off I think

[Sapphire]

Re: Capitial One - CCA Request

I agree with Mocha send the letter from CB's guide. I'd also highlight in BOLD the para about reporting them to all and sundry that should grab their attention.

[fuzzybrain]

Re: Capitial One - CCA Request

Thanks for the help and advice, will post that letter off to them asap.

[Brit]

Re: Capitial One - CCA Request

What an amazing site this is. Each thread containing a bundle of knowledge ! Really good stuff. I hope to go after the companies robbing me once I know what the hell I'm doing !

[Curlyben]

Re: Capitial One - CCA Request

STOP communications with HL as they are simply Solicitors-for-hire and respond with cruddy templates.
Any comms should be with the DCA, should the need arise.

[fuzzybrain]

Re: Capitial One - CCA Request

Thanks CB Luckily I sent the above letter to Capquest as it said on the letter from HL that all correspondance should be sent to Capquest and not to them (HL)

I also had a phone call from them (Capquest) today. They asked when i was going to make a payment!! I responded with - when are you going to reply to my letter i sent? apparently they have a 2 week backlog in post and it hasn't been dealt with yet!!

They have "kindly" put the account on hold until they have had time to process the letter. How very sweet of them!!

[fuzzybrain]

Re: Capitial One - CCA Request

I emailed trading standards to inform them that the debt had been passed on and where they any further forward on this issue - this was their response

Hi Fuzzy

As per my last e-mail,

"I have looked into this situation, and the issue you have concerning the copy status of the document has been decriminalized. This means that even if we can show they have issued an incorrect document I would not be able to investigate as no offence now exists.

I have asked for some clarification from the Home Authority, and I will let you know as soon as I receive a response."

I have contacted the Home Authority for Capital One and the officer is on leave, I will try again next week. I must advise you that the issue over the document is not something that can be investigated as no offence now exists.

I have asked the home authority for clarification on what advise they have given on which copy of documents need to be sent when amendments have been made. As previously discussed I am not aware of the incident that started the account being contested, it appears that the card has been used since 2004 without a problem. It is hard to give full correct advice when the full circumstances are not known.

If the Home Authority do not come back with something significant then, on the current information I do not think there will be anything else that I can advise you on.

AS soon as I have some more information I will contact you.

Any ideas how i should respond to this ???

[MIKE770]

Re: Capitial One - CCA Request

Wait and see I would suggest is that right CURleeeeeeeeeeeee??????:beagle:

[fuzzybrain]

Re: Capitial One - CCA Request

Well those letters had the desired effect!! Received a letter from Capquest today who state:

Unfortunately I am unable to comment on the dispute you have raisedas this was prior to our involvement and at the time the account was passed to us we were unaware of any exisiting query. Therefore we are closing the account on our system.

Thank you taking the time in trying to reslove this matter

:whoo:

[Curlyben]

Re: Capitial One - CCA Request

See easy ones

[fuzzybrain]

Re: Capitial One - CCA Request

Any ideas on how I should respond to the email Trading Standards sent me??

[fuzzybrain]

Re: Capitial One - CCA Request

Just received a letter fo Cap 1 informing me that the account is no longer being managed by the DCA that were actig on Cap 1 behalf. Apparently it is important that i should contiue to make payments to Cap 1!! (err what payments???)

I guess i just need to wait until Cap 1 find aother DCA to send this on to....

[Curlyben]

Re: Capitial One - CCA Request

There's some bits in here that may prove useful: why you shouldnt use section 77/78 CCA 1974 if you want the signed agreement - The Consumer Forums

Especially post #2

Cap1 really should stop mucking about with these non-compliances with CCA..

[fuzzybrain]

Re: Capitial One - CCA Request

Wow that is a longggggggggggggg thread!!!

Have read the first couple of pages and i think i understand (well a sentance or 2 anyhow!!)

I really need to send the letter on post 2 sent to Cap 1 asap and ensure that they don't have a properly excuted agreement

Chances are they don't have said agreement but if they decide to take me to court then the paper trail looks good for me as i have tried to be reasonable and doen everything in my power but ram raid their filing cabinet at midnight to get my sticky mits on a copy of the agreement i actual signed and not something they say i could of signed.......

I think it might be worth me sending that letter to the others that are playing games too......

[fuzzybrain]

Re: Capitial One - CCA Request

Got this response from Trading Standards - any ideas on who i should respond???

I have spoken to the Home Authority for Capital One. I have been informed that since the guidance was giving that I referred to, Capita One have sort further legal advice, and consider what they are doing with contract copies is correct. I have been told that this was referred to the Office of Fair trade who gave the initial guidance that I explained to you, and they have not clarified this position.

There is apparently a court case in the system that could give an answer to this situation, but it has not been heard yet. Without this decision it appears Capital One consider their actions to meet with the guidance.

This does not help your case, as it appears that Capital One believe that they are complying with the current guidance, and they have therefore acted as they see fit.

The Home Authority officer did ask why your account was in dispute, and that if we had this information then it may be that there is something else that can move your query forward. The officer did also say that if your details were passed to Capital One, then they would give a specific response, rather than the general response that I have been given.

Therefore can you please either grant you permission for your detail to be forwarded to Capital One, or let me know why the account is in dispute. If you do not want to disclose these point to me then there is nothing further I can do to assist your enquiry, which would only be to liaise with the Home Authority as previously stated there is no longer an offence for me to investigate in relation to copy documents.