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Hello All,
further to my 2 'Mega Post' which gave all my Creditors' Info, Outstanding Balances, I&E etc there are 2 issues that I am particularily really worried about and I am not sure how to deal with them. Any advice as to how to proceed would be great. Here is the info;
LETTER TO CAP1 2ND AUGUST 2010
Dear Sirs,
Re the above account and your letter dated 22/07/2010 requesting some information from me eg a copy of my personal signature which you claim is required to update your contact details regarding my (above) account. This is the second time in recent months that you have sent me such letter.
I am very concerned that Capital One appears not to be 100% confident about whom they are posting (by mail) my personal, highly confidential and sensitive and information to.
I have copies of many letters, monthly bills etc which your company has, in the past, been sent by you, to me to this address. Why the sudden doubt?
I am also very concerned that you appear to have passed my personal details and private customer account information on to a third party eg F.T.C??
I have consulted and contacted a number of advice agencies and they have advised me that as you obviously doubt my identity I need to secure absolute clarification that you are my Original Creditor and subsequently it would be sensible of me to request a true copy of my credit agreement. Please see below.
This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.
I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.
If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.
Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection From Unfair Trading
Regulations 2008 (CPUTR).
I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.
If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.
I will continue to make the payments that I can realistically afford eg £10.00 per month and I look forward to your response
Please advise the F.T.C ‘arm’ of your company that I have no wish to contact them and that I will be continuing to make payments to my original creditor only.
Further to this I have also been advised that creditors may attempt to carry out ‘Doorstep Visits’. Based on that information I must inform you that:
Under OFT rules: You can only visit me at my home if you make an appointment with me. I do not wish to make an appointment with you. I am only prepared to communicate with you in writing.
Should you intend to conduct a “doorstep visit ” then I ask you to remember that there is only an implied license under English Common Law for certain people 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.).
Take note that: ‘ I revoke license under English Common Law for you, or your representatives to visit me at my home and if you do so without my permission, you will then be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.’ You would also be conspiring in a trespass if you sent someone to visit me nevertheless.
Yours faithfully
Response from CAP 1 received today:
Dear xxxxxx
Your reference S78
Thank you for writing to us about your Capital One account.
It's going to take us a little while to look into your situation and come back with a detailed response. We'll do everything we can to get an answer to you within four weeks of this letter.
If for some reason our investigations take longer that four weeks we'll contact you and tell you why this is.
Thank you very much for being patient while we collect the information we need.
Question - What should I do??
-------------------------------------------------------------------------------------
(I can't believe it. I was just typing that last sentence and F.T.C. are calling me!!!!)
-------------------------------------------------------------------------------------
Here is the info on the second pressing issue:
Dear Sirs,
Re the above account. I am in receipt of various correspondence from:
Your letter to me dated 10/04/2010 informed me that:
‘YOUR PERSONAL LOAN AGREEMENT HAS BEEN TERMINATED WITH SANTANDER’ and ‘THE OUTSTANDING BALANCE ON YOUR ACCOUNT WILL EITHER BE PASSED OR SOLD TO A DEBT COLLECTION AGENCY FOR RECOVERY OF THE OUTSTANDING BALANCE’
On 17th June I received a letter from Rockwell Debt Collection Agency. I have no knowledge of this company. This letter informed me that:
On 22 June 2010 I wrote a letter to Rockwell Debt Collection Agency informing them that:
‘I HAVE NO KNOWLEDGE OR RECORD OF ANY SUCH DEBT BEING OWED, BY MYSELF, TO ROCKWELL DEBT COLLECTION AGENCY’.
Rockwell’s reply (28 June 2010) to me was:
To date I have received no further contact from Rockwell Debt Collection Agency nor from anyone else. I now seek urgent clarification as to which organization (from the bullet pointed list of 4 above) currently has ownership of my account??
I must also inform you that I have sought advice from several organizations, CAB, Pay plan etc all of which have advised me to seek and request absolute clarification on this matter.
They also informed me that creditors often carry out ‘Doorstep Visits - I must inform you that In the event that you intend to arrange a Doorstep visit by your Employees or your Agents, please be advised that under OFT Rules, you can only visit me at my home if you make an appointment and I have absolutely no wish to make an appointment with you.
There is no need or basis for a doorstep visit as written communication is quite acceptable in Law.
If you attempt to conduct a doorstep visit, without my express permission then I must inform you to take note that:
‘I revoke license under English Common Law for you (or your representatives) to visit me at my property and if you do so without my permission, you will then be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.’
You would also be conspiring in a trespass if you sent someone to visit me nevertheless
I await your, written, response. Thank you
Yours faithfully etc
Response from Rockwell (6th August)
Thank you for your letter received in our offices on the 5th August. Please find enclosed a copy of the agreement in relation to the above account. (They have sent a copy of the original Alliance&Leics agreement)
Our files are on hold for the next 14 working days to allow time for your investigation and further contact.Yours faithfully etc
I am not disputing the fact that I don't have this loan with A&L I just don't understand why I have to pay Rockwell?? My original letter specifically asked the question-
'which organization (from the bullet pointed list of 4 above) currently has ownership of my account??'
Do I assume that because Rockwell have sent a copy of the original A&L agreement that A&L are still still the owners of my debt??
What should do now? I am petrified these people will come to my door. Normally I wouldn't be worried about that type of thing, but my self confidence has been smashed to pieces by the constant harassment.
As always,many thanks in advance
Pos
PS One last question. Do I continue making £10.00 payments to Cap 1 while I am waiting for them to send CCA??
further to my 2 'Mega Post' which gave all my Creditors' Info, Outstanding Balances, I&E etc there are 2 issues that I am particularily really worried about and I am not sure how to deal with them. Any advice as to how to proceed would be great. Here is the info;
LETTER TO CAP1 2ND AUGUST 2010
Dear Sirs,
Re the above account and your letter dated 22/07/2010 requesting some information from me eg a copy of my personal signature which you claim is required to update your contact details regarding my (above) account. This is the second time in recent months that you have sent me such letter.
I am very concerned that Capital One appears not to be 100% confident about whom they are posting (by mail) my personal, highly confidential and sensitive and information to.
I have copies of many letters, monthly bills etc which your company has, in the past, been sent by you, to me to this address. Why the sudden doubt?
I am also very concerned that you appear to have passed my personal details and private customer account information on to a third party eg F.T.C??
I have consulted and contacted a number of advice agencies and they have advised me that as you obviously doubt my identity I need to secure absolute clarification that you are my Original Creditor and subsequently it would be sensible of me to request a true copy of my credit agreement. Please see below.
This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.
I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.
If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.
Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection From Unfair Trading
Regulations 2008 (CPUTR).
I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.
If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.
I will continue to make the payments that I can realistically afford eg £10.00 per month and I look forward to your response
Please advise the F.T.C ‘arm’ of your company that I have no wish to contact them and that I will be continuing to make payments to my original creditor only.
Further to this I have also been advised that creditors may attempt to carry out ‘Doorstep Visits’. Based on that information I must inform you that:
Under OFT rules: You can only visit me at my home if you make an appointment with me. I do not wish to make an appointment with you. I am only prepared to communicate with you in writing.
Should you intend to conduct a “doorstep visit ” then I ask you to remember that there is only an implied license under English Common Law for certain people 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.).
Take note that: ‘ I revoke license under English Common Law for you, or your representatives to visit me at my home and if you do so without my permission, you will then be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.’ You would also be conspiring in a trespass if you sent someone to visit me nevertheless.
Yours faithfully
Response from CAP 1 received today:
Dear xxxxxx
Your reference S78
Thank you for writing to us about your Capital One account.
It's going to take us a little while to look into your situation and come back with a detailed response. We'll do everything we can to get an answer to you within four weeks of this letter.
If for some reason our investigations take longer that four weeks we'll contact you and tell you why this is.
Thank you very much for being patient while we collect the information we need.
Question - What should I do??
-------------------------------------------------------------------------------------
(I can't believe it. I was just typing that last sentence and F.T.C. are calling me!!!!)
-------------------------------------------------------------------------------------
Here is the info on the second pressing issue:
Dear Sirs,
Re the above account. I am in receipt of various correspondence from:
- Alliance&Leicester
- Wescot Credit Services Ltd
- Santander
- Rockwell Debt Collection Agency
Your letter to me dated 10/04/2010 informed me that:
‘YOUR PERSONAL LOAN AGREEMENT HAS BEEN TERMINATED WITH SANTANDER’ and ‘THE OUTSTANDING BALANCE ON YOUR ACCOUNT WILL EITHER BE PASSED OR SOLD TO A DEBT COLLECTION AGENCY FOR RECOVERY OF THE OUTSTANDING BALANCE’
On 17th June I received a letter from Rockwell Debt Collection Agency. I have no knowledge of this company. This letter informed me that:
‘WE HAVE BEEN INSTRUCTED BY SANTANDER UK PLC TO CONTACT YOU REGARDING THE ABOVE ACCOUNT WHICH REMAINS UNPAID. YOUR DEBT IS NOW OVERDUE AND MUST BE PAID IN FULL TO THESE OFFICES WITHIN TEN DAYS OTHERWISE WE WILL TAKE IMMEDIATE ACTION’.
On 22 June 2010 I wrote a letter to Rockwell Debt Collection Agency informing them that:
‘I HAVE NO KNOWLEDGE OR RECORD OF ANY SUCH DEBT BEING OWED, BY MYSELF, TO ROCKWELL DEBT COLLECTION AGENCY’.
Rockwell’s reply (28 June 2010) to me was:
‘THANK YOU FOR YOUR RESPONSE TO OUR RECENT LETTER. WE NOTE YOUR COMMENTS AND HAVE SOUGHT FURTHER INFORMATION FROM OUR CLIENT. WE WILL CONTACT YOU AGAIN SHORTLY.
To date I have received no further contact from Rockwell Debt Collection Agency nor from anyone else. I now seek urgent clarification as to which organization (from the bullet pointed list of 4 above) currently has ownership of my account??
I must also inform you that I have sought advice from several organizations, CAB, Pay plan etc all of which have advised me to seek and request absolute clarification on this matter.
They also informed me that creditors often carry out ‘Doorstep Visits - I must inform you that In the event that you intend to arrange a Doorstep visit by your Employees or your Agents, please be advised that under OFT Rules, you can only visit me at my home if you make an appointment and I have absolutely no wish to make an appointment with you.
There is no need or basis for a doorstep visit as written communication is quite acceptable in Law.
If you attempt to conduct a doorstep visit, without my express permission then I must inform you to take note that:
‘I revoke license under English Common Law for you (or your representatives) to visit me at my property and if you do so without my permission, you will then be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.’
You would also be conspiring in a trespass if you sent someone to visit me nevertheless
I AM ONLY PREPARED TO COMMUNICATE IN WRITING
I await your, written, response. Thank you
Yours faithfully etc
Response from Rockwell (6th August)
Thank you for your letter received in our offices on the 5th August. Please find enclosed a copy of the agreement in relation to the above account. (They have sent a copy of the original Alliance&Leics agreement)
Our files are on hold for the next 14 working days to allow time for your investigation and further contact.Yours faithfully etc
I am not disputing the fact that I don't have this loan with A&L I just don't understand why I have to pay Rockwell?? My original letter specifically asked the question-
'which organization (from the bullet pointed list of 4 above) currently has ownership of my account??'
Do I assume that because Rockwell have sent a copy of the original A&L agreement that A&L are still still the owners of my debt??
What should do now? I am petrified these people will come to my door. Normally I wouldn't be worried about that type of thing, but my self confidence has been smashed to pieces by the constant harassment.
As always,many thanks in advance
Pos
PS One last question. Do I continue making £10.00 payments to Cap 1 while I am waiting for them to send CCA??
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