Capital One CCA Request

never-in-doubt

finshe wrote: »

This will be my first of a possible 2 defaults(i thought they couldnt do this if the account was in dispute).

Do you believe i will have a defence should the DCA take court proceedings as we know cap1 tend to sell the debt on(i thought they couldnt do this also if the account was in dispute).

Mate you're missing the whole point of the law and lenders! The lenders do not follow the law - forget what they can and cannot do, what you have to ask yourself is if they do, do it, can you afford to sue them (it would be a civil case - not criminal) to get the data corrected/removed?

That is the crux of the matter.

You're right, if an account is in dispute they cannot down-mark it with the CRA's nor can they pursue recovery tactics - but both happen. Similarly, they cannot report an unenforceable debt to the CRA's - for it to be unenforceable means the agreement is flawed, a flawed agreement means there is no contract - no contract means no agreement to share data.

See where i'm going with all this?

The recent McGuffick v RBS case proved that just cos we have laws, doesn't mean they will be respected or used as they were intended.

In your case = stopping paying means you will get a default. They will not take anything to court, its a blind threat.

finshe

never-in-doubt wrote: »

Mate you're missing the whole point of the law and lenders! The lenders do not follow the law - forget what they can and cannot do, what you have to ask yourself is if they do, do it, can you afford to sue them (it would be a civil case - not criminal) to get the data corrected/removed?

That is the crux of the matter.

You're right, if an account is in dispute they cannot down-mark it with the CRA's nor can they pursue recovery tactics - but both happen. Similarly, they cannot report an unenforceable debt to the CRA's - for it to be unenforceable means the agreement is flawed, a flawed agreement means there is no contract - no contract means no agreement to share data.

See where i'm going with all this?

The recent McGuffick v RBS case proved that just cos we have laws, doesn't mean they will be respected or used as they were intended.

In your case = stopping paying means you will get a default. They will not take anything to court, its a blind threat.

Thanks for clarifying it NID i appreciate it.

I realy dont have a problem with being defaulted, it was just the worry of being taken to court were i would have to defend my actions(refusing to pay).

Should i just ignore them for the next 6 years or send the querry cca letter.

never-in-doubt

Just ignore them for now - if you do get court papers through then post them here and we'll help with that!

finshe

Update;
Received a notice of default under section 87(1) today, it's giving me 28 days to pay off the overdue amount.

I would appreciate your thoughts on what i need to do now.

never-in-doubt

finshe wrote: »

Update;
Received a notice of default under section 87(1) today, it's giving me 28 days to pay off the overdue amount.

I would appreciate your thoughts on what i need to do now.

Thats good, they only have to give you 14 days..... seriously though, you knew they would default you - as mentioned above in other posts. Don't worry about this too much..... unless you continue to pay of course, not what i'd do though.

finshe

Hi, the default notice is below(front on page 1 reverse on page 2).
Sorry i never posted it earlier but my scanner is playing up.

http://debtpdfs.tripod.com/cdfr.pdf

finshe

Hi, cap1 have now issued a statement of default(in pdf below) it came in a 1st class envelope.
What reply if any should i give.
http://debtpdfs.tripod.com/capdef.pdf

finshe

Hi, i got a statement of default yesterday and now today i'm receiving calls from a firm called F.T.C what that stands for i have no idea.

The guy wanted me to confirm my details to pass security and got all shirty when i refused.

Why are these guys calling me, the account is in dispute.

ILW

finshe wrote: »

Hi, i got a statement of default yesterday and now today i'm receiving calls from a firm called F.T.C what that stands for i have no idea.

The guy wanted me to confirm my details to pass security and got all shirty when i refused.

Why are these guys calling me, the account is in dispute.

Until the account has been to court and has been proved to be unenforceable, they can chase you all they like. At this point it is only your opinion that it cannot be enforced and your creditors may not agree with this.

finshe

The default notice has a few may's in it, so i guess its unlawful and if so which letter should i send off.