How to get back on the credit ladder

marcellep

This letter was dated the 5th Aug 2009, I have not edited it it any way other that corrected the spelling error which I have highlighted in red.

So what you think

Dear Marcellep

Thank you for writing back to me about your request for us to provide you with a true copy of your credit agreement.

As I have already explained, in accordance with section 78 of the consumer credit act 1974 and the consumer credit (cancellation notices and copy documents) regulations 1983, we’ve provided you with a copy of your original agreement, and if any terms have been varied, the copy agreement will include the updated terms. In addition, your personal details, the signature box, signature and date of signature were omitted from the copy provided as permitted under Regulation 3 of the consumer credit regulations 1983.

Your account status remains behind with payments/over limits/ open and active and up to date and the balance currently due and payable is £####.

It is important that you maintain payments as your account balance consists of the transactions that you have made. Failure to do this may result in negative information being recorded on your credit file, which may affect your ability to gain credit in the future.

We note your reference to CPR 31.16 and I would also like to advise you that we note tour (your) request for the refund of the default sum, this has been passed to the relevant department and they will be in touch with you shortly.

If you also require a SAR, we will require a £10.00 fee for a SAR, and a £1.00 fee for the section 78 request. I would be grateful if you would forward me a cheque of postal order made payable to Cap One and send the fee to myself at the address shown below.

Address I always use

I will then arrange for your request to be processed. Please note, your request will only be completed once we receive the fee.

We will continue to pursue the outstanding debt and will defend any application you may wish to bring against us.

Financial regulations require me to advise you that this is my final response in relation to this matter. However, you now have the option to contact the FOS within the six months from the date of this letter. Their contact details are in the leaflet which is enclosed.


Your sincerely


James Bell

never-in-doubt

Mate what utter rubbish - it means nothing compared to what we've asked for. Don't worry, the letter you sent yesterday was dated later than this reply so we'll pretend its included, even though no reference is made to it - it doesn't matter, the letter means nothing.

Just leave things as they are and await a response from the most recent letter mate - ignore this one. Its utter garbage. did a child deal with it?

p.s. you do not pay anything!

marcellep

never-in-doubt wrote: »

Mate what utter rubbish - it means nothing compared to what we've asked for. Don't worry, the letter you sent yesterday was dated later than this reply so we'll pretend its included, even though no reference is made to it - it doesn't matter, the letter means nothing.

Just leave things as they are and await a response from the most recent letter mate - ignore this one. Its utter garbage. did a child deal with it?

p.s. you do not pay anything!

I am glad you think the letter is rubbish, You know I have every letter they sent me is in all but one there is a spelling error! It appears that Capital one just say what they like.

They are not getting a penny out of me, I am due them nothing, this aco!!!! was included in my TD which is now settled.

Being honest I really do not think I am going to win this one, I don't think they are even reading and taking in to account all the points raised. And the reason they tell me to go to the FOS, is that they know they are a year behind with complaints.

never-in-doubt

Ok mate well if you like we could just issue papers but thats risky..... make the call and i'll set it in motion for you and prepare POC etc - you'll win, no doubt about that, because they have never sent what you demand. Forget the FOS - this isn't really their remit, you're arguing for them to provide proof the default is legitimate and they ignore you cos they know they have never issued you one!

I'd say wait a couple of weeks for their reply, then we'll go direct to CRA's threatening them with libel and see how that pans. As Cap1 are being deliberately obstinate, they CRA's can act if necessary.

Just wait a week or two til they respond mate.

marcellep

never-in-doubt wrote: »

Ok mate well if you like we could just issue papers but thats risky..... make the call and i'll set it in motion for you and prepare POC etc - you'll win, no doubt about that, because they have never sent what you demand. Forget the FOS - this isn't really their remit, you're arguing for them to provide proof the default is legitimate and they ignore you cos they know they have never issued you one!

I'd say wait a couple of weeks for their reply, then we'll go direct to CRA's threatening them with libel and see how that pans. As Cap1 are being deliberately obstinate, they CRA's can act if necessary.

Just wait a week or two til they respond mate.

I think thats the best way, Lets sit it out again and see what !!!! they send me this time. I will keep this thread up to date with any replies they may send me.

I tried a similar thing with CRA's a few mths back, Cap one never got back to them to start with, but in the end Cap one told them all it was correct and the default was not to be removed.

never-in-doubt

marcellep wrote: »

I tried a similar thing with CRA's a few mths back, Cap one never got back to them to start with, but in the end Cap one told them all it was correct and the default was not to be removed.

Yes but mate this time we'd be sending proof that you've tried everything to get a copy of the default notice and they keep ignoring you, as such this equates to no proof and as such the data must be substantiated - without agreement or default notice it cannot be and so you could, place the CRA in libel litigation....

marcellep

never-in-doubt wrote: »

Yes but mate this time we'd be sending proof that you've tried everything to get a copy of the default notice and they keep ignoring you, as such this equates to no proof and as such the data must be substantiated - without agreement or default notice it cannot be and so you could, place the CRA in libel litigation....

Ah true that's different from the way I did it

Ill keep you updated with any replies :T

Noxs

never-in-doubt wrote: »

!!!!!!? Haha - from £100 to £7k - madness.... and what have you paid in throughout this time? haha - it shows irresponsible lending is still rife with HFX - I mean, you could do a runner right now

Sorry its taken so long to reply, had a wee holiday up in Edinburgh for the Fringe festival!! Stand up comedy cant beat it!

Yeah sounds crazy doesnt it, 100 to almost 7k I think because I put in a lump sum and transferred all my direct debits It must of "fast tracked" me for a decent OD, something to keep in mind for the future. The guarenteed has dropped like you said it might, back to 5k. However.. I'll stick with 6.750 .

Still no news from Cap1!

Noxs

Just got the rejection letter from Cap1 :mad:

marcellep

Well still no letter back from Capital One as yet!