Me -v- Cap1

[flooz]

Re: Me -v- Cap1

Thanks Zazen.

I did write back to both the Freds and Carp1, and am waiting on any response.

This matter has had to take a back seat at the moment, as I've got other, more pressing issues to deal with, as my Mum, who has Alzheimer's, has now declined significantly, and thus I need to find a care home.

No doubt once I get any response from either party, I shall post again.

[Zazen.Warrior]

Re: Me -v- Cap1

Please come back here for any help you need. Good luck with finding the right help for your mum.

[flooz]

Re: Me -v- Cap1

Thanks Zazen.

[lexis200]

Re: Me -v- Cap1

Hi floozy

I'm very sorry to hear about your mum - my dad was diagnosed a couple of years ago and I've rarely felt so utterly despondent I hope you are coping ok.

With regards to Freds and Cap1, I don't know if it helps at all but I'm in the same boat and have been for some time. My 'agreement' is pants, the default notice they sent is iffy because they have not stated a date, merely a time-frame for remedy (although it's not enough to hold up in court, it's still incorrect if you follow the letter of the law!), they terminated after the dodgy dn, refused to answer my questions about the form they sent and then turfed me to Freds when I was in dispute with them.

If it's of any help to you at all, this is the letter I sent them (Freds) in January this year

Dear Sir/Madam

I am in receipt of your letters sent this month, and have noted times and recorded conversations on the phone, up to and including the 3 text messages sent to my home phone today in the space of 22 minutes.

As I told the gentleman I spoke to on the phone, I have serious issues with Capital One regarding the enforceability of the 'agreement' they have sent which have not been resolved, and so passing my information on to a debt collection agency is in direct contravention of OFT guidelines on debt collection (2.8 Examples of unfair practices are as follows:k. not ceasing collection activity whilst investigating a reasonably queried or disputed debt.).

In addition, Capital One have not at any point informed me of your involvement, so obviously I have no intention of paying you anything, not least because my standing order to Capital One is still active and they have not requested I cease paying it.

Please note I do not talk about financial matters over the phone and will not entertain further calls. My phone line is private and you may not use it. Do not phone or text again.

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.

If you choose to ignore this, please be aware I charge £50 for the use of my footpath by uninvited callers, and after police have removed anyone from your company or any company you claim to represent, I will invoice you accordingly.

They've just replied - yes, 7 months later - to my 'recent' correspondence and started their empty threats about court, and I've simply told them to refer to my previous letter and essentially sod off (albeit rather more politely)

If you can possibly afford it, I would recommend getting a truecall machine for dealing with the calls. They cost around £100 including the recording gear and are absolutely superb, particularly if you are having to deal with far more important and pressing matters such as your mum.

You can simply put their numbers onto the unit when they ring and it will add them to a 'zap' list, so that if they call again your phone will not even ring, they just get a message stating their call is not wanted and then it hangs up on them. It records every instance of them phoning or texting, and you can record calls at any point of the conversation (handy if you do decide to talk to them and, like I had the other day, they decide to chat about the account when you've refused to go through security).

If you can't stretch to that, it might be worth thinking about getting some sort of recorder you can plug into the phone line so that you have some protection if you do talk to them. We originally had one that we got from Argos which was about £25/30. It only recorded conversations, but it does make you feel better if you know they will have to account for any mis-information (or rudeness) they give you over the phone.

Do remember if you tell them not to phone, and you give them another line of communication which you will answer to (ie letters) then they should abide by that request. As long as you don't just refuse to deal with them, they should honour the way you choose to be contacted.

HTH, and good luck with your mum.

Lexis

ps - hi there zazen, how's it going?

[flooz]

Re: Me -v- Cap1

Thanks Lexis. At the moment, I can't remember exactly what's happened with Carp1 without going through all the paperwork, no doubt once I hear from them, I shall recap.

I've spent the last 2 days visiting various care homes - which is heartbreaking to say the least, especially as the only ones that are 'fully funded' by the local authorities are, well, let's say less than satisfactory.

However, I hope to have found something suitable and now just have to deal with it all, and hope my mum settles and is happy.

[flooz]

Re: Me -v- Cap1

So annoying, I've asked a simple question from Cap1, twice now, but they just keep ignoring that and sending me letters implying I'm asking for a copy of the CCA!

Do they even bother to read their post??

[Ihaterbs]

Re: Me -v- Cap1

Cap one agreements do contain prescribed terms but unfortunately do not contain the debtor's signature. The application form Cap One has forwarded you is NOT your agreement thus, they have failed to comply with section 78.

Why do I know this? Because, I retained the "what's in your wallet" package containing the agreement, terms and conditions etc. The "what's in your wallet" package was sent after submitting the application for credit.....a strong argument using section 59.

[gaz2006]

Re: Me -v- Cap1

Cap one agreements do contain prescribed terms but unfortunately do not contain the debtor's signature. The application form Cap One has forwarded you is NOT your agreement thus, they have failed to comply with section 78.

Why do I know this? Because, I retained the "what's in your wallet" package containing the agreement, terms and conditions etc. The "what's in your wallet" package was sent after submitting the application for credit.....a strong argument using section 59.

where cna i find section 59 you refer to ?

[Amethyst]

Re: Me -v- Cap1

CCA 1974

59.— Agreement to enter future agreement void.

(1) An agreement is void if, and to the extent that, it purports to bind a person to enter as debtor or hirer into a prospective regulated agreement.

(2) Regulations may exclude from the operation of subsection (1) agreements such as are described in the regulations.




((((((((((((((hugs))))))))))))))) for flooz

[Angry Cat]

Re: Me -v- Cap1

[Quote] by: Ihaterbs:
The "what's in your wallet" package was sent after submitting the application for credit[Quote]

Interesting!

Also, and in relation to PPI, capone didn't always send out the full PPI policy, just a summary of.

[lexis200]

Re: Me -v- Cap1

I just thought it might be handy to update you on this flooz...

As I said before I had Freds come back after 7 months saying they were a bit cross. Well after that they set Bryan Carter on me, so I wrote to him and copied the letter to Cap1. Essentially I stated in my letter to him the numerous occasions when I had asked Cap1 a direct question and they'd done exactly the same to me as they have to you - implying I was asking about the CCA request.

What I actually wanted to know was whether or not the document they sent me was a direct copy of the two sides of the original signed agreement (I'm 99.9% sure it's not). After sending the letter to BC and the copy to cap1, I have finally, after 18 months of asking, had a response from them to say it is one document (so now I'll be asking them to prove it!).

Maybe you'll just have to wait until you get passed to BC, then point out all the flaws in their responses, and perhaps you'll get a straight answer to what you're asking!

Anyway, the upshot is that Freds have slunk off with their tail between their legs, BC hasn't bothered to reply and cap1 have said they've removed Freds from the account. Keep at it, it will probably pay off in the end

[Angry Cat]

Re: Me -v- Cap1

Ping-Pong...!

[lexis200]

Re: Me -v- Cap1

Absolutely AC, but with every crap letter they write they show themselves to be less and less professional/respectable/reasonable/knowledgeable/capable/intelligent - take your pick I'm happy enough to have another round of letter tennis with them if I get the outcome I want, which is simply to prove they have lied to me many times over the last 2/3 years.

Plus it's really helping my typing speed

[Zazen.Warrior]

Re: Me -v- Cap1

My alleged Cap One account with an identical application form received some years ago now resides with Lowell, who have sent me numerous letters advising that Cap One have complied with my legal request; this based solely on the allegation that Cap One have *told* them that they have.

No paperwork from Lowell to substantiate this frivolous statement despite a written request for such.

I got one phone call from them, blocked all their numbers from a list found on another site and despatched via email a telephone harassment letter. No further calls have come through.

Anyway since my letter before action about a month ago Lowell have fallen silent.

I think has been run up the flagpole by about 10 different DCA's now.

[Angry Cat]

Re: Me -v- Cap1

Absolutely AC, but with every crap letter they write they show themselves to be less and less professional/respectable/reasonable/knowledgeable/capable/intelligent - take your pick I'm happy enough to have another round of letter tennis with them if I get the outcome I want, which is simply to prove they have lied to me many times over the last 2/3 years.

Plus it's really helping my typing speed

Many in the same boat, who have been poohed on by them...

Stick to your guns, is my motto.