How to get back on the credit ladder

marcellep

Goodtimesahead wrote: »

Let us all know if you get a result and you get your default removed from your credit file from these Highway robbers.

Don't worry I will post any replies I get from Capital One here for all to read

never-in-doubt

Goodtimesahead wrote: »

Let us all know if you get a result and you get your default removed from your credit file from these Highway robbers.

LOL, they will remove it - subscribe to this thread and see the progress....... :T

marcellep wrote: »

Don't worry I will post any replies I get from Capital One here for all to read

Remember to email me when you post a response so I check back mate - really busy and going on jollies soon.......

Don't worry, just wait for official response to the last letter - as you've seen, if you'd been hasty and wrote back then letters would be getting mixed-up, as things stand they will now realise that your most recent letter (the one I done for you) is the relevant one. They now have to start justifying things, forget their bollox excuses - they cannot justify anything mate!

Just be patient, you'll get a reply in about 2-3 weeks i'd say...... unless they think you're daft and send the exact same response as last time in which case great, we'll try a poker hand and threaten N1. :rotfl:

Did you not mention that they cannot provide a signed CCA? If not then you also have them by the scroats! I'll explain in time mate lol - however, they are relying on Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 - but we covered that with this element - the part that screws their plan right up!

quote:
You also continually quote The Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 (in conjunction with the CCA 1974, ss 58(1), 64(1), 180, 182(2) & 189(1)) but do not specify which area of the Act you refer to. I can only assume you refer to s.11 (Duty to supply copies of documents not to apply to certain kinds of documents) which, unfortunately is not relevant in any case so cannot be used by Capital One as an 'excuse'.

marcellep

Thanks again, Don't worry I will ensure that I message you when I post a reply.

I am also on holidays from Monday so I hope to have a response by the time I get back.

never-in-doubt

marcellep wrote: »

Thanks again, Don't worry I will ensure that I message you when I post a reply.

I am also on holidays from Monday so I hope to have a response by the time I get back.

Nice one mate - no rush, leave them to do it whenever but document the dates you sent, they replied etc as this helps you.....

Have a good holiday, catch you soon.... :beer: At least you can chill a little - this will be sorted in no time mate :T

marcellep

Dear Marcellep

Account Number XXXXXXXXXXXXXX

Thank you for your recent letter requesting copy of documents for your account.
You requested copies of the executed credit agreement and a statement of your account under section 78 of the consumer credit act 1974.

Please find enclosed a copy of your credit agreement as requested. In accordance with the section 78 of the consumer credit act 1974 and the consumer credit (cancellation notices and copy documents) regulations 1983, this is 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, and date of signature have been omitted from the copy provided under regulation 3 of the consumer credit (Cancellation Notices and Copy of Documents) Regulations 1983

Your account is in default and the amount currently due and payable is £385.77

Under section 78 we are not required to provide a copy of the default notice and statement of default. However, we can confirm that a statement of default was issued on the 4th July 2009.

I trust that this information will help with your enquires, if you need any further information please contact me again.

The letter also has a copy of the terms and conditions again!!!

This is the latest letter I received from Capital One, as you can imagine I was absolutely livid when I seen this.

I called them and they advise this is just the start of many replies I will receive, as I have requested this information a certain person deals with this.

They also made me aware they did not receive my letter until the 26th as there letter processing is slow!!!

Ill keep posting replies as they come

never-in-doubt

marcellep wrote: »

The letter also has a copy of the terms and conditions again!!!

This is the latest letter I received from Capital One, as you can imagine I was absolutely livid when I seen this.

I called them and they advise this is just the start of many replies I will receive, as I have requested this information a certain person deals with this.

They also made me aware they did not receive my letter until the 26th as there letter processing is slow!!!

Ill keep posting replies as they come

Hiya

Don't be calling anyone! I advised you at the beginning NO VERBAL COMMUNICATION WHATEVER YOU DO lol! Don't get livid, stay calm as each error means you have a stronger fight in court (if it goes that far!).

They are talking rubbish about not having to supply you the details, similarly they cannot issue a document dated 4th July when it isn't even the 4th July yet! How is this possible (unless they can see into the future!)....

Do you owe them money or not?

Remember to stay calm and await all letters - stay calm and do not speak to em on the phone!

never-in-doubt

marcellep wrote: »

Dear Marcellep

Account Number XXXXXXXXXXXXXX

You requested copies of the executed credit agreement and a statement of your account under section 78 of the consumer credit act 1974.

Please find enclosed a copy of your credit agreement as requested. In accordance with the section 78 of the consumer credit act 1974 and the consumer credit (cancellation notices and copy documents) regulations 1983, this is 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, and date of signature have been omitted from the copy provided under regulation 3 of the consumer credit (Cancellation Notices and Copy of Documents) Regulations 1983

Ok, lets put this to bed once and for all, just to ease your mind:

Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983

(2) There may be omitted from any such copy:

(a) any information included in an executed agreement, security instrument or other document relating to the debtor,
hirer or surety or included for the use of the creditor or owner only which is not required to be included therein by the
Act or any Regulations thereunder as to the form and content of the document of which it is a copy;

(b) any signature box, signature or date of signature (other than, in the case of a copy of a cancellable executed
agreement delivered to the debtor under section 63(1) of the Act, the date of the signature by the debtor of an
agreement to which section 68(b) of the Act applies);

(c) in the case of any copy of an unexecuted agreement delivered or sent to the debtor or hirer under section 62 of
the Act, the name and address of the debtor or hirer

Pay notice to point (c), they can omit the signature etc if it was an unexecuted agreement, however the CCA (s.77-s.78) stipulates that the provider issues a copy of an executed agreement. Basically, this is the one completed by you (the debtor) and cannot be amended, obviously.

Does that help to make sense of it? Bottom line is that they are talking utter rubbish! (amateurs!) :rotfl:

marcellep

never-in-doubt wrote: »

Hiya

Don't be calling anyone! I advised you at the beginning NO VERBAL COMMUNICATION WHATEVER YOU DO lol! Don't get livid, stay calm as each error means you have a stronger fight in court (if it goes that far!).

They are talking rubbish about not having to supply you the details, similarly they cannot issue a document dated 4th July when it isn't even the 4th July yet! How is this possible (unless they can see into the future!)....

Do you owe them money or not?

Remember to stay calm and await all letters - stay calm and do not speak to em on the phone!

I do not owe them any money as they where included in my Scottish Trust deed which I am now disharged from :T

You know I never even noticed that date thing! I have doubled checked the letter and it def says "4th July 2009"

I was so annoyed today that's why I called them, I won't call again

It's now just a waiting game

Thanks again

never-in-doubt

Any update matey?

No news can sometimes be good news! (wishful thinking eh?)

marcellep

never-in-doubt wrote: »

Any update matey?

No news can sometimes be good news! (wishful thinking eh?)

I was so hoping for some update, I am just back from Holiday and I have the exact same letter again from them as I have posted a few posts above!!!!

What the hell am I gonna do now?