How to get back on the credit ladder

marcellep

I still aint heard a word from Cap one!!!

never-in-doubt

marcellep wrote: »

I still aint heard a word from Cap one!!!

Have they signed for the letter matey? Don't worry, you want them to sort it out so bear with them - at the end of the day so long as it was signed for then you're letting them dig a deeper hole.

You may have to consider court (gulp) to enforce this mate - not ideal but if they fail to respond then you're left with one option and one option alone......

Leave it a few more weeks mate, I know its hard to but let them at least 'try' and sort it - either way, you know the last option and I doubt you're in a hurry to issue court summons (are you?)....

marcellep

never-in-doubt wrote: »

Have they signed for the letter matey? Don't worry, you want them to sort it out so bear with them - at the end of the day so long as it was signed for then you're letting them dig a deeper hole.

You may have to consider court (gulp) to enforce this mate - not ideal but if they fail to respond then you're left with one option and one option alone......

Leave it a few more weeks mate, I know its hard to but let them at least 'try' and sort it - either way, you know the last option and I doubt you're in a hurry to issue court summons (are you?)....

Yes it was signed for as usual, By the same person

Ill just sit back on my comfy seat again and see what happens

Thanks again

marcellep

So I have had another reply from Capital One Bank,

As usual I have removed personal information but re-typed the letter for your thoughts!

I think this is the end of the road now, I have sent all the letters you have kindly wrote for me and they still hit me with the same stupid reply.

So where do I go from here?

Should I just ask for the £96 cheque and then inform all the CRA’s again this information is incorrect!

The default will be off my account’s come May 2011

My thoughts:

Least they replied to me! Least they are willing to answer any further questions. This is better than the last letter I received which says we will not discuss this further!!!!

10th September 2009

Dear Marcellep

Thank you for writing back to me about my offer to refund £96 of the default sums we’ve added to your account. I’m sorry to hear that you feel my offer isn’t substantial enough.

After reviewing your account, I see from our records that you entered an IVA with your creditors in November 2005

As part of the IVA, you agreed to the level of the outstanding debt with Capital One. On this basis, Capital One agreed to accept a lower sum in settlement of your debt. The outstanding balance that was agreed by you included the fees added to your account. As a result, you waived your right to bring any claim in relation to the fees added to your account. Therefore, we wouldn’t normally offer a refund the fees added to your account.

However, as we sent you the previous offer in error, I am happy to honour this. I need to let you know we won’t increase our offer.

I hope I’ve explained things clearly, But if you do have any other questions, please write to me again. You’ll find my address in the leaflet I’ve included, which also explains our complaints procedure. If I do not hear from you with four weeks I’ll consider this matter closed.

Yours Sincerely

James Bell
Head of Executive Response Centre

never-in-doubt

marcellep wrote: »

I think this is the end of the road now, I have sent all the letters you have kindly wrote for me and they still hit me with the same stupid reply.

Nah, now I think it is time to actually take it a step further and time to report them to the regulators then;

Contact the OFT and make a formal complaint - link to do so here: http://www.oft.gov.uk/advice_and_resources/resource_base/legal/competition-act-1998/complaints

Contact the FOS and make a formal complaint - link to do so here: http://www.financial-ombudsman.org.uk/consumer/complaints.htm

Contact the ICO and make a formal complaint - link to do so here:http://www.ico.gov.uk/what_we_cover/data_protection/your_rights.aspx

And what you do is to send a copy of the following letters and Cap1 replies so they get the full picture:

1. #170 (referred as letter 1)
2. #240 (referred as letter 2)
1. #298 (referred as letter 3)

marcellep wrote: »

So where do I go from here?

Write a letter back to them advising you're complaining to the three bodies mentioned and that you want specific responses to the repeated points made and in particular a copy of the default notice.

Regards to the cheque offer, this is on hold for the time being and regardless of the previous agreement, they do not have a right to count unlawful charges as forgotten just because you entered a trust deed. Charge reclaims can be back-dated 6yrs so imagine if you paid the debt in year one, they think thats it? I certainly don;t and the law will back me on that one!

marcellep wrote: »

Should I just ask for the £96 cheque and then inform all the CRA’s again this information is incorrect!

Do not accept anything yet, deffo send a copy of all the letters mentioned to each CRA so they know what you're up against here and remind them that it is also their duty as the data processor to ensure its accuracy and as the lender refuses to acknowledge the fact you need sight of the default notice to confirm compliance, they ignore this so it is upto the CRA's to remove the data pending investigation by the lender and governing bodies (attach a copy of their letter as well)

marcellep wrote: »

The default will be off my account’s come May 2011

It shouldn;t be there mate - thats the point! Its a matter of principle...

My thoughts:

marcellep wrote: »

Least they replied to me! Least they are willing to answer any further questions. This is better than the last letter I received which says we will not discuss this further!!!!

I told you they would, they cannot just cease corresponding whether they like it or not! If they do you'll win judgement all week long and they know this so had to respond really, to avoid being left hung and dry!

Right so what you do is print a copy of the 3 letters I done noted above. You then complain to each of the regulators and copy each other into everything so each party (including cap1) will get a copy of everything and know exactly what you're doing.

You'll then find Cap1 will acknowledge you.... if you want me to do the front letter to Cap1 then I will do it tomorrow for you - let me know?

marcellep

never-in-doubt wrote: »

Nah, now I think it is time to actually take it a step further and time to report them to the regulators then;







And what you do is to send a copy of the following letters and Cap1 replies so they get the full picture:

1. #170 (referred as letter 1)
2. #240 (referred as letter 2)
1. #298 (referred as letter 3)




Write a letter back to them advising you're complaining to the three bodies mentioned and that you want specific responses to the repeated points made and in particular a copy of the default notice.

Regards to the cheque offer, this is on hold for the time being and regardless of the previous agreement, they do not have a right to count unlawful charges as forgotten just because you entered a trust deed. Charge reclaims can be back-dated 6yrs so imagine if you paid the debt in year one, they think thats it? I certainly don;t and the law will back me on that one!



Do not accept anything yet, deffo send a copy of all the letters mentioned to each CRA so they know what you're up against here and remind them that it is also their duty as the data processor to ensure its accuracy and as the lender refuses to acknowledge the fact you need sight of the default notice to confirm compliance, they ignore this so it is upto the CRA's to remove the data pending investigation by the lender and governing bodies (attach a copy of their letter as well)



It shouldn;t be there mate - thats the point! Its a matter of principle...

My thoughts:



I told you they would, they cannot just cease corresponding whether they like it or not! If they do you'll win judgement all week long and they know this so had to respond really, to avoid being left hung and dry!

Right so what you do is print a copy of the 3 letters I done noted above. You then complain to each of the regulators and copy each other into everything so each party (including cap1) will get a copy of everything and know exactly what you're doing.

You'll then find Cap1 will acknowledge you.... if you want me to do the front letter to Cap1 then I will do it tomorrow for you - let me know?

Wow what a reply,

I am glad someone is still confident after these replies,

I always follow your advice, Can I ask a few questions:

1- Can I just write one letter and send it to all the agencies above?
If so what should this letter have it in!

2- Can I complain VIA post rather than email?

3- Should I send Capital One the same letter?

4- The letter to CRA's will I include all the letters I have sent and the replies from Capital One?

Thanks so much for all your help

I owe you a bottle or two :beer:

I would be grateful if you done the letter(s) again, I am hopeless when it comes to them. No hurry

never-in-doubt

marcellep wrote: »

Wow what a reply,

:D:D

marcellep wrote: »

I am glad someone is still confident after these replies,

Confident of the law mate - maybe worth considering your options; do you want to do this and if so, how far would you really go? Bear in mind it would be a principle based thing.... however you can see the processes i'm following, all of which help you win in court;

1. Try and sort it amicably with the lender
2. Try harder with the lender
3. Try even harder with the lender and issue a threat
4. Complete the threat and complain to the regulatory bodies
5. Go to court

As you can see, you're only one step away from ending this fiasco one way or another mate....... gulp! Decision making time for you my man!

marcellep wrote: »

I always follow your advice, Can I ask a few questions:

Answers in red matey :beer:

1- Can I just write one letter and send it to all the agencies above?
If so what should this letter have it in!

Yes thats the plan

2- Can I complain VIA post rather than email?

Yes - thats the plan

3- Should I send Capital One the same letter?

Yes - thats the plan

4- The letter to CRA's will I include all the letters I have sent and the replies from Capital One?

Yes - thats the plan

marcellep wrote: »

I would be grateful if you done the letter(s) again, I am hopeless when it comes to them. No hurry

I'll do you the letter tomorrow which will encompass a copy to each and everyone. So, you need to print 7 copies of each of my letters to date and 7 copies of the replies you have had from Cap1 to date in response to my letters.

Then i'll post you 7 cover letters (one for Cap1, 3 for regulatory bodies and 3 for the CRA's) - and you simply print 7 of each of these as well and send a copy of everything to everyone so that everyone knows exactly what has happened to date - get photocopying matey!

It is a lot of ink/printing but worth it.....

never-in-doubt

Mate

I need the following from you:

the date of each letter you sent to Cap1 and the date of their reply. Please post in the following format:

Letter 1 dated:
Reply to letter 1 dated:

Letter 2 dated:
Reply to letter 2 dated:

Letter 3 dated:
Reply to letter 3 dated:

Obviously the letter numbers reflect the ones shown above in post 336 that I done for you and the replies are what Cap1 have replied to in respect of my letters only.

Previous events are not necessary at this point. You'll love what i've got coming - will make your weekend mate! lol

marcellep

never-in-doubt wrote: »

Mate

I need the following from you:

the date of each letter you sent to Cap1 and the date of their reply. Please post in the following format:

Letter 1 dated: 15th June 2009
Reply to letter 1 dated: 26th June 2009

Letter 2 dated: 27th July 2009
Reply to letter 2 dated: 5th and 6th August

Letter 3 dated: 13th August 2009
Reply to letter 3 dated: 10th September 2009

Obviously the letter numbers reflect the ones shown above in post 336 that I done for you and the replies are what Cap1 have replied to in respect of my letters only.

Previous events are not necessary at this point. You'll love what i've got coming - will make your weekend mate! lol

I have added the dates in bold red for you

I can't thank you enough. I am so pleased with what you have done for me :j

marcellep

never-in-doubt wrote: »

:D:D



Confident of the law mate - maybe worth considering your options; do you want to do this and if so, how far would you really go? Bear in mind it would be a principle based thing.... however you can see the processes i'm following, all of which help you win in court;

1. Try and sort it amicably with the lender
2. Try harder with the lender
3. Try even harder with the lender and issue a threat
4. Complete the threat and complain to the regulatory bodies
5. Go to court

As you can see, you're only one step away from ending this fiasco one way or another mate....... gulp! Decision making time for you my man!



Answers in red matey :beer:

1- Can I just write one letter and send it to all the agencies above?
If so what should this letter have it in!

Yes thats the plan

2- Can I complain VIA post rather than email?

Yes - thats the plan

3- Should I send Capital One the same letter?

Yes - thats the plan

4- The letter to CRA's will I include all the letters I have sent and the replies from Capital One?

Yes - thats the plan

I'll do you the letter tomorrow which will encompass a copy to each and everyone. So, you need to print 7 copies of each of my letters to date and 7 copies of the replies you have had from Cap1 to date in response to my letters.

Then i'll post you 7 cover letters (one for Cap1, 3 for regulatory bodies and 3 for the CRA's) - and you simply print 7 of each of these as well and send a copy of everything to everyone so that everyone knows exactly what has happened to date - get photocopying matey!

It is a lot of ink/printing but worth it.....

Your right it is alot of ink and photocopying but don't worry about that, I am on day shift on Monday, so I will get them all printed and copied @ work. No extra charge to me

I have been talking about this to my wife all the way through it, and as she was also saying what have I to lose. I mean if I go to court and they favor capital one. I aint lost anything. Now I dont think that will ever be the case, as the letters make interesting reading.

In the mean time, I will get all the letters ready, So its 7 copies of the three letters above, and 7 copies of the replies they sent me to?