Piesky V Cap One

[Curlyben]

Re: Piesky V Cap One

ROFLMAO !!!!!
------------------------------- merged -------------------------------
Throw this at them:

Edit as needed

ACCOUNT IN DISPUTE
Dear Sir or Madam,
Account number: XXXX XXXX XXXX XXXX

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original creditor/DCA** and has been since DATE 2007.
Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

My last letter from **original creditor/DCA** was DATE and intimated that my complaint would be
resolved on **DATE**, this obviously hasn’t happened.
As **original creditor/DCA** are now in default of my Consumer Credit Act request, OFT Collection Guidelines, *Subject Access request and have also breached *s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

Now I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.

If **New DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40, Consumer Protection from Unfair Trading Regulations 2007, Protection from Harassment Act 1997 as well as breaching a number of the OFT Collection Guidelines

I hope that this will not be necessary and an acceptable solution can be accomplished.

I would appreciate your due diligence in this matter.
I look forward to hearing from you in writing.

Yours faithfully

*- Delete as needed
Enjoy

[piesky]

Re: Piesky V Cap One

Hi again,

I have also today received a further response from Cap One's Ellie Renshaw. It reads as follows:

Thank you for your letter about your request for us to provide you with a 'true copy' of your credit agreement.

As I've already explained, in accordance with section 78 of the CCA 1974 and the Consumer Credit (Cancellation Notices and Copy Documents) regulations 1983, we've provided you with a copy of your original agreement, and if any terms have been varied, then the copy agreement will include the updated terms. In addition, your personal details, the signature box, signature and date of signature were omitted from the copy provided as permitted under regulation 3 of the consumer Credit (Cancellation Notices and Copy Documents) regulations 1983.

I can confirm that your credit agreement complies with the CCA 1974 and is in the correct format.

You clearly have a valid and enforceable credit agreement with Cap One as evidenced by these documents and any claim to the contrary will be strongly defended.

I must politely refer you to the key financial information section on your credit agreement we have already provided. You will see these specifically provide details of the credit limit, monthly payments, and interest rates set out as required by the prescribed terms.

We do not consider contacting you to reclaim your outstanding balance to be harassment. We call you to see if we can help you in any way. We have a duty to keep you up to date with the status of your account and don't feel these calls are unreasonable. We also reserve the right to contact you in methods we believe appropriate, this may include the utilisation of debt collection agencies.

We would also like to advise that the information we have recorded with the credit reference agencies is an accurate reflection of the way you have managed your account and we will not be asking the credit reference agencies to remove this information.

Your account status remains defaulted. We do not consider the account to be in dispute as we have fulfilled on what you have already requested. Therefore, we will continue to pursue the outstanding debt and will defend any application you may wish to bring against us.

As mentioned in my previous letter, you now have the option of contacting the financial Ombudsman. I must now inform you that any further contact we receive from you will be acknowledged but we will not enter into any further communication with you.

Ellie Renshaw

Executive Office Manager
------------------------------- merged -------------------------------
Thanks CB, I will get that letter off to Frederickson International. The only probelem, as you can see, is that Crap One believe they have complied and the account is not in dispute and therefore have every right to pass this on to a DCAS.

[Curlyben]

Re: Piesky V Cap One

Oh well.
It's a waste of time contacting the FOS with this as they will simply trundle out the same response. Nice to see Ellie has washed her hands of you. hey ho...

Should Fred's or even Mr C continue to threaten court action we will hit them with something stronger.
For now we'll wait for their response.

[piesky]

Re: Piesky V Cap One

OK Thanks. I'll get the letter off to Freds and see what they say.

[frisp]

Re: Piesky V Cap One

AS I said Ms Renshaw is not for turning ever, once she takes a line then that's it as far as she is concerned, even though its kack.

I would complain to the FOS, tho I agree with CB hat it would be a nugatory activity, in doing so your account is formally being investigated and CAP 1 cannot take any recovery action nor can they sell the debt on as both steps breach OFT guidance.

My complaint with the FOS against Cap one is still running and it started a year ago, in the meantime we remain in stalemate.

just a thought

[Curlyben]

Re: Piesky V Cap One

Nice idea there Frisps, especially as Cap1 are attempting to frustrate any meaningful dialogue..

[richiewills68]

Re: Piesky V Cap One

Hi
Did you get any further with your fight against Cap 1.
They have sent me a rather dodgy cca and i'm thinking of taking it further, any help would be much appreciated.
thanks

[richiewills68]

Re: Piesky V Cap One

Hi Piesky
Is there any update on your situation with Cap 1, are you still paying them, I'll try and scan my CCA and post it on here for you to decide whether it's enforceable or not.
cheers

[enaid]

Re: Piesky V Cap One

Hello richiewills,
If you notice the thread you have posted on has not been replied to since June.
Could I please ask you to start a thread of your own and then you will receive the help you need.
Enaid x