CCA request responded to - Next Step Pls

Norfolk_Jim

This is what I thought also, but there seems to be a number of posters here, especially in the Credit Card and Loans forum who think very differently and there seems to be many conflicting opinions even on the CAG forum - So I'm starting to feel a bit confused and a little overwhelmed.

I've heard tales of CCA's suddenly turning up and Judges who take no notice of the regulations at all, even from those who in fact won their case.

RAS

Jim

First thing is that this is an old debt. The rules changed for accounts taken out after April 2007.

Suggested revisions

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. Any legal action you pursue will be fully and vigorously defended.

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act 1998 to cease processing any data in relation to this account with immediate effect.

This means you must remove all information regarding this account from your own internal records including all telephone numbers and from my records with any credit reference agencies.

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

It is not sufficient to simply state that you have a ‘legal right’. You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

Furthermore you should be aware that a creditor is not permitted to take ANY Action against an account whilst it remains in dispute.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

I reserve the right to report your actions to any such regulatory authorities as I see fit unless you confirm in writing that this matter is closed and that no attempt will be made to apps any information to any other company or other parts of your own company.

Norfolk_Jim

What I find sad about this is that my friend would have paid C1 back in the fullness of time but C1 wasn't willing to cooperate. Sometimes I think they drive people to take desperate measures who might otherwise have come to an agreement with them.
I particularly dislike C1 and MBNA, now more than ever.

I am increasingly becoming amazed by the difference between the different forums on MSE, in some, like this one, you find mainly non judgemental help and encouragement, while on another MSE forum posters encounter being shot down in flames or torn to bits.

RAS

Norfolk_Jim wrote: »

I've heard tales of CCA's suddenly turning up

That is possible but most tof the "CCAs" that urn up here are not enforceable because they are actually application forms..

Norfolk_Jim wrote: »

and Judges who take no notice of the regulations at all, even from those who in fact won their case.

This sounds strange, but if someone does not fight their case, then judeges do ignore the law. They judge the case on the information on the case given not on what they heard another case.

A classic is Mercantile v Ellis which is ignored all the time because people do not cite it in court.

Yet people here have fought and won cases on Mercantlile v Ellis even when there has been a technical deliquency.

Norfolk_Jim

Thankfully there are a few regular posters here, including yourself RAS who are able to provide this useful information. Its very much appreciated.
We are waiting to see what C1 does next.
I do not believe they have a CCA, Think nothing was signed at the time and its something like 7-10 years ago that this 1 and only credit card was taken on by friend at suggestion of new husband - same new husband who has now cheerfully run off with another woman and left her to it.

Will keep you posted.

RAS

Jim

One we prepared earlier...
If you take out a very high interest rate card, the company thinks you are likely to default and have worked that risk into the calculations of what they are charging you. You are paying for your risk from day one. The creditor is betting it will get enough out of you before you default, and enough later, to pay off the money it borrowed at a much lower APR. Anything extra is profit.

What the banks do

Creditor lends 100 units at a high interest rate, expecting 20 percent of the borrows to default, knowing they will still make 5 units profit from the payments received.

So in normal circumstances, the cost of the defaults is already built into the credit system and is paid for by those most likely to default.

What is new are the vulture type DCAs trying to profit from margin between what the original creditors expected to recoup from the debtors and the book value.

RAS

Norfolk_Jim wrote: »

I am increasingly becoming amazed by the difference between the different forums on MSE, in some, like this one, you find mainly non judgemental help and encouragement, while on another MSE forum posters encounter being shot down in flames or torn to bits.

Yes

DFwers are known as huggies or huggers on some other forum. You will get short shrift if you suggest some of the tactics we use here elsewhere.

We also have a fairly robust response to trolls and baiters here, although there have been some horrendous attacks in the past and some folk no longer post.

lisaMerrikin85

hi sorry to post again just wondering is there letter i need to send to crediters if they havent repleyed to me after 12days i sent six cca request off!

Merlinexcalibur

Why change numbers? There is a much easier alternative. Choose to Refuse. It's what it's there for. I was FORCED to pay extra for it because of ruddy Capital One. They damn well drove me into hospital with it AND started their blasted games straight after. So, enough was enough. I stopped them. Capital One does what the hell it likes. I am being honest here.

And the sooner they are on Watchdog the better! They don't just bend the rules, they smash them into little pieces.

Norfolk_Jim

We have had a letter back from Capital1 in response to the letter we sent in post 21 above. They sound really angry, like poking a wasp.

To see the letter properly you need to click on this image and then keep on clicking on the image as it opens in a new box until its big enough for you to read



I guess we have gone as far as we can with this now. They wont provide a CCA with a signature. My friend has nothing to lose. Since Capital 1 say this is their final correspondence on the matter Its just a case now of waiting to hear from whatever DCA or Northampton.
As I understand it, my friends allowed to take an advocate with her to court, which would likely be me. As I'm a lecturer I should imagine that I could at least present the case clearly even though I might not fully understand all the legislation.

My friend never had any previous credit and only tookn this card out at the request of her new husband. She is sure she signed nothing, so we may have cause to believe that the hubby signed, but if they wont provide a copy with a signature, how can we tell?

Actually she still wants to repay, she has after all spent the money, but for payments to reflect her circumstances and for charges to stop so that it can eventually be repaid. She would almost be happy to go to court (as scared as she is of the idea) in order to get a payment set by the court. I'm not having much luck so far in finding out how a court looks at I&E to determine the award.

I know theres no point in worry before the even - I tend top be forwarned is forarmed in nature.