How to get back on the credit ladder

never-in-doubt

Marcellep,

Sorry for the delay! Sorted it for you now! It was a nightmare composing letter thus the delay - sorry mate.

You need to do three things;

1 - send this letter #240

2 - Attach the reclaim sheet to it #241

3 - Also send a copy of your original letter #170

Then you send all this recorded to Capital One and see what they do. Bottom line is you have them by the short & curlies but we don't want court action obviously but now you've warned them, what you're doing is proving (in advance) to the court that you've tried in vain to get the data and without it you cannot seek legal enforcement therefore you are using CPR 31.16 not the CCA.

In a nutshell you're trying to bribe them with new threat by avoiding CCA and going in for the kill with CPR which will !!!!!! them up somewhat!

As part of the threat, you're saying if you don't remove the default then i'll reclaim over £200 from you and also seek court action for you to supply me the default notice and if you dont then the debt would become dispensed as the assignment was not not executed in compliance.

Basically they'd be better just walking away cos really you have them every angle they turn, but court is a last resort matey and even so, you've proved you're willing to cooperate and this will help you in court.

Good luck and if you need owt, text/ring me mate....

I think I need a holiday after this lot mate - hahahah - bed time for me, knackered!

ElkyElky

thats better

marcellep

Thanks so much, I will get them all printed today and send them VIA recorded delivery tomorrow to CRAP 1. As usual I will keep you up to speed on any replies I get.

never-in-doubt

marcellep wrote: »

Thanks so much, I will get them all printed today and send them VIA recorded delivery tomorrow to CRAP 1. As usual I will keep you up to speed on any replies I get.

Good luck matey - what do you think to the letter? Are you happy with it....? Happy with the plan of action (free money if they won't remove the default lol)?

Let me know if you're not and we'll look into it..... :beer:

marcellep

never-in-doubt wrote: »

Good luck matey - what do you think to the letter? Are you happy with it....? Happy with the plan of action (free money if they won't remove the default lol)?

Let me know if you're not and we'll look into it..... :beer:

Hello

I have added my name and account number to all the letters, now printed out and ready to be posted at the post office tomorrow.

I am delighted with the letters you have done for me this time and the times before, I am still a little worried that you are doing all this for me and they do not take me serious and still fob me off with complete sh*t.

From what I have read about Crap one they are good at fobbing ex customers off, But I tend to think as long as I keep fighting they will deal with it one day.

Being honest I am :mad:scared :mad:that I might need to go down the court action route with them, I am totally out of my dept and without your assistance I would have given up by now. So if and when I need to do the court action what the hell will I do without you.

Say I do need to go down the court action what actually happens?

Do I need to appear in court in person?

How long does that process take?

Do you believe that I/We will win this one?

never-in-doubt

marcellep wrote: »

Hello

I have added my name and account number to all the letters, now printed out and ready to be posted at the post office tomorrow.

- Excellent make sure you send recorded.......

I am delighted with the letters you have done for me this time and the times before, I am still a little worried that you are doing all this for me and they do not take me serious and still fob me off with complete sh*t.

- Glad to have been of help mate. They will take you serious, they simply have to and to be honest it may mean banging on with the same threats time and time again but quoting law to them may make them think twice and the threat of CPR31.16 will make them realise that you're now looking at civil law and not using the CCA to enforce they send a copy of the default. They must know either you're savvy or have legal help.... I think you'll find this letter will make them think twice cos lets assume they fob you off and then you go to court, the judge will go mad at them for not providing it earlier being you've given them more than AMPLE opportunity and your letters prove this.

From what I have read about Crap one they are good at fobbing ex customers off, But I tend to think as long as I keep fighting they will deal with it one day.

- As above, they may still 'try' to fob you off but take it on the chin and post back again and we'll sort it out......

Being honest I am :mad:scared :mad:that I might need to go down the court action route with them, I am totally out of my dept and without your assistance I would have given up by now. So if and when I need to do the court action what the hell will I do without you.

- LOL, don't worry mate. I'll not leave you in the !!!!!! without a paddle, i'll be here til the end and will do the Particulars of Claim (POC) if needs be...... Bear in mind you'd also claim costs and these would be awarded being you've tried many times to get a copy of the default notice and as I quoted back in day one, let them dig their own hole mate. Its exactly what we wanted them to do and in their last letter they quote they don't have to send a default notice but instead mention their word is good enough. I have proved this to be incorrect by citing the relevant law to them (s.87 (1) of the CCA(1974)) and also by taking CPR action they have no recourse to defend as the judge will read the POC and award enforcement. Enforcement means he will awrd in your favour thet they provide the document or when it goes to court they will simply lose.

Say I do need to go down the court action what actually happens?

- No. Don't worry, it is all a threat at this stage mate. Court realy wouldn;t be worth it not with only 2yrs left..... Its a huge bluff citing their errors with the threat of legal action.

Do I need to appear in court in person?

- No. See above

How long does that process take?

- 4 weeks usually (but its a bluff at this stage)

Do you believe that I/We will win this one?

- 100% mate - yes. The letter you'll post tomorrow will make them realise you aint a muppet. How they act will depend on how they interpret the letter but quoting you'll seek enforcement using CPR changes things somewhat as they will realise.

In a nutshell - You're basically going above the CCA and going to a judge and saying "I need to see the default notice in order to ascretain if it is lawful" (excecuted properly which it was not as you never received a copy). I cannot finalise matters regarding this alleged default until they provide the proof I require. The judge will then tell Cap1 to issue it.

Simple mate :cool:

marcellep

Thanks once again for the re-assurance, I will just sit back and wait any replies that they fire my way.

I will obviously post the replies here for you to read over and keep me right.

I am so glad we will not be going to court, I was worried

Thanks

never-in-doubt

marcellep wrote: »

Thanks once again for the re-assurance, I will just sit back and wait any replies that they fire my way.

I will obviously post the replies here for you to read over and keep me right.

I am so glad we will not be going to court, I was worried

Thanks

Heyup mate - just stay calm and relaxed. The worse that can happen is that they refuse and the default stays. The best is a refund of charges and removal of default with apology letter.

The final straw will be issuing legal papers which I would do - without a properly executed Default Notice mate they cannot legally put it on there bu only down side would be the court itself......

anyways, keep smiling - its all good mate. Cap1 have some howlers, notice I ignored their whole letter excluding two parts cos the rest is laughable and they refer to other staff by first name etc as though cos julie told you, thats the way it is. Utter bollox and they need squeezing mate - big time.

:beer:

marcellep

never-in-doubt wrote: »

Heyup mate - just stay calm and relaxed. The worse that can happen is that they refuse and the default stays. The best is a refund of charges and removal of default with apology letter.

The final straw will be issuing legal papers which I would do - without a properly executed Default Notice mate they cannot legally put it on there bu only down side would be the court itself......

anyways, keep smiling - its all good mate. Cap1 have some howlers, notice I ignored their whole letter excluding two parts cos the rest is laughable and they refer to other staff by first name etc as though cos julie told you, thats the way it is. Utter bollox and they need squeezing mate - big time.

:beer:

I am now relaxed and to be honest I am more than happy just to wait and see what happens this time.

It will prob take them about a month to reply as usual and it will be full of !!!!, but miracles do happen.

It just annoys me as I got shot of other defaults without too much of a fight and I even got my TD off my cra's

never-in-doubt

marcellep wrote: »

I am now relaxed and to be honest I am more than happy just to wait and see what happens this time.

It will prob take them about a month to reply as usual and it will be full of !!!!, but miracles do happen.

It just annoys me as I got shot of other defaults without too much of a fight and I even got my TD off my cra's

Hi matey - any news? Have they signed for the letter (the letter of doom lol) as yet? If so, what date...?

Cheers :beer: