Josefk diary

[josefk]

Re: Josefk diary

Thanks Mrs D, will get that off.

[josefk]

Re: Josefk diary

• Type of account Capital One cc
  
  
• Date commenced ? Feb 2004
  
  
• Approx balance £7600
  
  
• Date last paid Last full payment probably around July 2011
  
  
• Are you on arrangement or not paying Had a DMP but stopped paying this in June 2013 due to paying people I had never heard of.
  
  
• Status No default received but they state it is defaulted
  
  
• Account owner Capital one dealing again after sending it to Freds and Bryan carter

I have received from them an agreement, which is an application slip and additional pieces of paper they state would have been on the back of the form. Since there's over four pages worth if that is true it would be the worlds smallest writing. They also sent a copy of the alleged defaulted terms and conditions. However this was obtained without sending the £1 fee but following three requests to them, 6 to Freds and one to Carters solicitors. Is it worth sending the agreement and info to Niddy to see or do I need to get the information again using the £1 fee method? If I need to send again I will have to wait a week or so as the 30 days window will not be up.

Any advice gratefully received. Thanks

22/8/2014 Update - Like many others it seems this has been bought by Lowells. I had sent off a missing PTs letter which has never been answered and all had been quiet since March. Niddy has deemed it enforceable. I'll send off a SWID to Lowells. As far as I have read the photocopied bits of paper they sent for T&Cs there is nothing that quantifies the PPI aspect at all. One thing that is annoying is that I also received a text on my phone from Hamptons about this, not happy as it is a service phone and not sure where they got the number from. Anything else at this point to do?

25/9/2014- Update- Received a letter from Lowells saying Capital One hasn't yet been able to come up with the agreement following me sending them the SWID letter. Be interesting what does come back as Crapital one sent a photocopy of an application form along with a shed load of terms and conditions which were allegedly on the back of that little form. They also sent a letter stating they do not keep the original contracts. Just sitting and waiting now.

18/10/2014 -Update- Received a very nice letter today from Lowells. It seems Crap one cannot find any agreement (yep, I know. All they could have got was an application form as they had already said they had no agreement) to give Lowells who had purchased the debt so they have now closed the account and I will sadly no longer hear from them.

15/12/2014- UPDATE- Well here's one I never wanted to update but two months after telling me they can't find anything they find the application form and have sent some terms and conditions on separate sheets of paper and some account transactions over the years. I had sent the sold whilst in dispute letter to Lowells originally as it was being disputed with Crapital one when they sold it. Any ideas?? Both Crapital one and Lowells state they don't have the agreement but they have the application form?

[cymruambyth]

Re: Josefk diary

An application form isn't a CCA. I would send this http://www.all-about-debt.co.uk/inde...o-cca-received

[josefk]

Re: Josefk diary

Just out of interest I read a post from S&V about DCAs not doing due diligence by buying accounts that are known to be in dispute with the OC but that was mainly in regards SB acounts. Is an account that is in the process of being disputed allowed to be sold?

[cymruambyth]

Re: Josefk diary

They aren't supposed to sell accounts that are in dispute (there is a template letter for this!) however they do.

[josefk]

Re: Josefk diary

I think, having thought about it, that I will use the application form received template to respond whilst pointing out that both crapital one and lowlifes have already stated individually that no original contract exists since the time is too great. Can't do a recon if there's no original. On top of that I will express my concern that they bought the account without due diligence as it was clearly known by the OC to be in dispute. I will save the final response letter for what comes next.

Thanks for your help.

[MrsD]

Re: Josefk diary

I agree Josef, I would send the application received letter but no mucking about with it, just edit the timeline etc but don't add in any of your own bits. The templates have been carfully crafted so that we get no accidental admissions.............

[josefk]

Re: Josefk diary

Sorry to be dense MrsD but not sure what you mean by edit the timeline.

[MrsD]

Re: Josefk diary

just make sure it's current and you are referring to the correct debt, so keep the timeline right just at the beginning of the letter, so that they know that you know what exactly you are talking about, no outwith the bounds of some DCAs to mess about with date.................

[josefk]

Re: Josefk diary

Got you Mrs D. Only one debt with Lowlife and Crap one so won't be able to mess it up. You definitely don't t think I should mention it was sold in dispute nor that they have both admitted no agreement is held?

[SaltnVinegar]

Re: Josefk diary

Just out of interest I read a post from S&V about DCAs not doing due diligence by buying accounts that are known to be in dispute with the OC but that was mainly in regards SB acounts. Is an account that is in the process of being disputed allowed to be sold?

Accounts in dispute do frequently get sold - but this is good news in some ways for you if they should as there are certain obligations defined within the FCA CONC guidelines placed on the original creditor and the debt purchaser that is:

"Appropriate steps should be taken with a view to ensuring that available data/information to inform the pursuit and recovery of a debt is accurate and adequate, such that the debtor and the (amount of the) debt can be correctly identified from that data/information"

and

"An accurate and adequate history of the debt is passed between parties as appropriate and necessary"


Therefore, if a debt is sold to debt purchaser, and the history of the account (i.e. a dispute) is not passed between the two parties, then they are in breach of CONC guidelines. It is not sufficient for a debt purchaser to say that they have bought the account in good faith, and that the original creditor did not provide a history of the account or the dispute, as the guidelines above are clear.

I have used the above on many occasions, and it usually sends the debt purchaser back under the rock they crawled from, and only adds weight to your case if you're looking for evidence of unreasonable conduct, or breach of the unfair relationship provisions of the CCA.

SnV

[SaltnVinegar]

Re: Josefk diary

Got you Mrs D. Only one debt with Lowlife and Crap one so won't be able to mess it up. You definitely don't t think I should mention it was sold in dispute nor that they have both admitted no agreement is held?

If they've been unable to respond to your request, but have sent an application form, then one of a couple of responses would be suitable:

If you want to address the fact that what they have sent you in application form not an agreement then this one:

http://www.all-about-debt.co.uk/inde...-form-received

If you want to point out that the account sold while in dispute and they have not supplied a CCA:

http://www.all-about-debt.co.uk/inde...in-cca-dispute

If the OC has sent you a letter confirming they don't have the CCA:

http://www.all-about-debt.co.uk/inde...in-cca-dispute

Personally I would send the SWID letter, and then send the application form letter a couple of days later. This should hopefully get their pantyhoses twisted, and you'll get some sort of garbled response which will do little to help their case.

You'll probably find, that they will log this as a complaint, and you'll be placed into the complaint handling process which will drag on due to the Christmas holidays. They will no doubt write back that a debt is still owed, and then you can send the final response letter.

Best
SnV

[MrsD]

Re: Josefk diary

Got you Mrs D. Only one debt with Lowlife and Crap one so won't be able to mess it up. You definitely don't t think I should mention it was sold in dispute nor that they have both admitted no agreement is held?

Hold the bus

have you already sent a http://www.all-about-debt.co.uk/inde...firming-no-cca ?

if you haven't I would adding a photocopy of the letter with it.

if you already have, I would do a one liner referring them to it because they clearly haven't read it!!!

[josefk]

Re: Josefk diary

I think MrsD what they are attempting to do is to pass an application form and some T&Cs off as the agreement. It would be impossible to have all these T&Cs on the back of the application form and on top of that the application form states about the right to cancel and this being forwarded to you but then on the T&Cs which allegedly would have been on the back of the application form is the information about cancelling. Why state that the information would be sent if all you had to do is turn the application form over? Bit of a con job going on I believe.

[josefk]

Re: Josefk diary

19/12/2014 - Not really an update but I am putting all financial issues out of my mind until after Christmas and wanted to say a big "Thank You" for all the help that has been given throughout my time on here. I am entering this Christmas in a completely different frame of mind than I did last year and it's you I need to thank for that.

Please take care of yourselves over the coming period and enjoy it.

Best wishes

Josef