Cap One and Beyond

[Delta]

I don't seem to be able to find my other question about the CCA request, so thought I would start again.

So Cap One in their infinate wisdom, decided to stop sending me statements, and to be honest they weren't at the top of my list of things to remember, so then I started getting the letters about charges etc. I wrote and asked why they hadn't been sending me statments, to which the phone call started.

It got to a point that we changed the home phone number.

Anyway, I CCA's them on 26th Jan this year.

Within the 14 days, I got a generic one size fits all agreement, with no terms, no signature, the charges stated at £12 (not as they were when I got the card!) no name, address, acount number or anything.

So, I waited, in the meantime, I got a letter from Power2Search, telling me that they wanted to come and talk to me, I sent them and Debitas the bog off until I make an apointment letter, to be fair, the visit from P2S and the letter crossed each other.

Anyway, I told the guy from P2S about what was going on, I didn't want visits, I wanted everything in writing, and more importantly, I wanted my fully signed CCA from Crap One before I did anything else.

He agreed and went away quite happy.

So, the 12 + 2 was up middle of Feb, and now the extra 30 days has passed too. Nothing from Cap One.

Then this week, I receive a letter from Cap One, dated 2 March, telling me that they can't send what I asked for as I didn't sign the letter, so would I please remake the request and this time furnish them with my signature.

As I was typing up a lovely reply to that, I got yesterday, a letter from Fredrickson International, telling me that Cap One have instructed them to get payment from me, it has to be paid in full (£300 worth of charges now) and it has to be paid to them. (FI)

So not only are Cap One in default with the agreement, they are askign for a signature they don't need and have now passed it on to a DCA, I am unsure if FI have bought it, or are acting for them.

So can anyone tell me which bog off letter I send to each one and what else I can do from here please?

Many thanks (oh and sorry for not being around, its been a bit manic here!)

[Curlyben]

Re: Cap One and Beyond

Sounds normal for Cap1.

Have a look at this sticky for some ideas: Consumer Credit Agreements - A Guide - Legal Beagles

[Delta]

Re: Cap One and Beyond

Thanks CB, have found the letter that I need for Fredrickson, so have amended and printed that one off ready to send tomorrow.

I can't seem to find one about Cap One requesting a signature, but then I probably can't see the wood for the trees, do we have one telling them where to get off on that request and also informing them that they are in default with regard to the CCA?

[Curlyben]

Re: Cap One and Beyond

There is NO requirement under CCA for an actual signature, this would be DPA

This should do the trick:

Dear Sir/Madam,

RE Account NO XXXXXXXX

Thank you for your letter dated xx/xx/2007 the contents of which are noted

In your letter you make reference to requiring my signed authorisation before you comply. I draw your attention to the fact that the Consumer Credit Act 1974 does not require that I supply you a copy of my signature before you comply with my S78 request.

If it is for Data Protection purposes then I can happily supply you with documentation to substantiate my identity to you.

However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.I have to ask if you are concerned that you are corresponding with the correct person why has it taken so long to raise this matter.

As you are aware, disclosing data without adequate checks of identity is contrary to the 7th principal of data protection, listed in schedule 1 of the Data protection Act 1998:

7. Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.

My request for a true copy of my credit agreement under section 78 was made on xx/xx/2007 and the 12 working days for your compliance expire on xx/xx/2007. I note that there is no provision that removes the requirements of the act to provide this information on time, even if you are unsure of my identity.

I look forward to receiving the documentation requested.

I would appreciate your due diligence in this matter.

I await your rapid response.

Yours Faithfully,

[Delta]

Re: Cap One and Beyond

Thanking you kindly, I have found that, amended and added it to the you are now well over the 30 days so bog off letter and i am getting ready to scream your misdeeds from the rooftops letter.

Both are now printed and ready to go tomorrow

[Delta]

Re: Cap One and Beyond

Ok, now this gets interesting.

I sent the following letter to Fredrickson, on 23rd March

ACCOUNT IN DISPUTE
Dear Sir or Madam,
Account numberxxxxxxxxxxxxxxxxxx

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with Capital One and has been since January 2009.
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

As Capital One are now in default of my Consumer Credit Act request, OFT Collection Guidelines, 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 Capital One for resolution of these defaults and breaches, as Fredrickson International cannot lawfully pursue any enforcement activities.

If Fredrickson International 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 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.

It was signed for on the 24th, I have the electronic proof of signature, apparently it was signed for at 7.35.


then today I get this from them, dated 25th (so after they have read mine to them)

Letter Before Action

Dear Mrs Delta

THIS DEBT MUST BE PAID IN FULL TO THESE OFFICES WITHIN THE NEXT 7 DAYS OTHERWISE WE WILL TAKE IMMEDIATE ACTION.

should it be necessary toi issue proceddings in the county court, (or the Shefiffs courst as may be appropiate), further additional costs will be added to the balance outstanding.

outstanding balance £xxx.xx
Interest £0.76 (?)
Court fees £30.00
Solicitor Costs £50.00
Total £xxx.xx

If a judgment or decree remains unsatisfied a bailiff or sheriff officer may be instructed to recover assests to discharge the outstanding debt. Judgement debts are registered by the Court. A judgement or decree against you would seriously affect your ability to obtain credit in the future.

PAYMENT CAN BE MADE BY SWITCH, DELTA, CHEQUE AND IN SOME INSTANCES CREDIT CARD.

Your sincerely
blah blah (no name just a squiggle)

Ok so what do I do now? they seem to have ignored the fact that the account is in dispute and shouldn't even be at their offices. I am assuming that this is all bluster and they think that if they send letters like this I am going to cave in and pay up, but I still have heard nothing from Crap One and still have not had a properly executed CCA.

Over to you chaps, heeeeeeeeeeeeeeeeeeeelp

[Amy]

Re: Cap One and Beyond

then today I get this from them, dated 25th (so after they have read mine to them)

You are giving them too much credit. Even if they have read your letter, the one you received this morning is a computer generated letter and sent out automatically.

Send them a re-hash of the above letter, but in stronger terms.

[Delta]

Re: Cap One and Beyond

Ok, how does this look,

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

I must admit that I am rather angered by the LETTER BEFORE ACTION from yourselves dated 25th March, which I received this morning (some 3 days later). And once again bemused by the fact that you are still dealing with this matter, I can only assume that this letter is some sort of computer generated threat and that you haven’t actually read the previous letter which I sent to you on 23rd March and which D. Carter signed for on 24th March clarifying the situation with regard to the DISPUTED DEBT, with Capital one.

I enclose a copy of the original letter for your perusual.

I now consider your actions to be deemed as harassment, and will be making a complaint with the relevant bodies in respect of this

Now I would respectfully suggest that this account is returned to Capital One for resolution of these defaults and breaches, as Fredrickson International cannot lawfully pursue any enforcement activities.

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

[Amy]

Re: Cap One and Beyond

Yep, send it.

[Delta]

Re: Cap One and Beyond

Thank you, have just hit print

[Delta]

Re: Cap One and Beyond

Well have sent the letter, and have the electronic signature, and seeing as it's Friday, no doubt the office junior will be heading to the post office today with either the next threaogram or a proper response. Shall have to see what the postie brings me tommorow.

[Curlyben]

Re: Cap One and Beyond

Well Fred uses the lovely Mr C for their court actions, so I say Bring It On

[WendyB]

Re: Cap One and Beyond

You beat me to it CB, I was just going to point out that Bryan will will lurking just off stage, waiting to leap into action lol.

Delta, how much is the total owed to Crap One?

[Delta]

Re: Cap One and Beyond

Whoops sorry Wendy, didn't see yout question.

According to everyone, Crap One want a couple of quid shy of £500, summat like 493, of which 293 is charges.

Well I haven't heard anything from them, and I would love to know if this means an end to it, or if Fredrickson is in the process of getting the court papers printed

I haven't heard a dicky bird from Crap One since I wrote and told them that they can go whistle for a signature and kinly pointing out to them that they are in serious default of my simple likkle request

[Delta]

Re: Cap One and Beyond

Well i have finally had a response from Fredrickson, seems it's taken then 3 weeks to try and construct a non computer generate letter, bless.

Anyway it says

Dear Madam

RE: CAPITAL ONE BANK PLC
ACCOUNT NUMBER XXXXXXX
OUTSTANDING BALANCE: XXX.XX

We thank you for you letter dated 21 Match 2009 requesting documentation.

We are unable to provide this information. If you require documentation you can request this direct from our Client but in the meantime you must contact our offices to discuss discharging the above outstanding balance.

Yours faithfully
squiggle

Mmm, most interesting, I did not request documentation from them, just pointed out that the relevant documentation was not forthcoming from Crap One and so they had no need to be involved with all this.

What does discharging the balance mean? I assume they are still wanting me to pay up, which is funny as they only gave me 7 days to pay up a month ago, and then were threatening court.

I am of a mind to just ignore this letter, or is there something that I should be sending back to them?

Cheers