TAKING ON CAPITAL ONE

Re: TAKING ON CAPITAL ONE

Postby fmotl69 » Sun Jun 06, 2010 2:40 am

I have a plan to shut them up for a bit......Payment Protection Insurance!
They keep sending me letters to say they are worried about my account and that I should make a payment.... well, how about I put a claim form in for £978.60. ( This is the amount they have taken since 2002 )
Obviously I don't want anything else other than the original document but at least it would stop the phone calls.
Another 8 years and the whole account would be settled.
If they are that worried about the condition of my account..... could take that as payment surely???
£978!!!! Greedy, fraudulent bastards!!!! I don't care about money but you want 2 grand, and half of it is PPI! Just another scam to get more money.... makes me sick!
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Re: TAKING ON CAPITAL ONE

Postby kenb » Sun Jun 06, 2010 6:10 pm

Hi m8

Only thing with the claim form is, will you not have to admit your fictional identity, therefore entering some kind of contract with them? :puzz: With all mine, so far I have not signed anything or answered any phone calls, just rebuttal after rebuttal after rebuttal, at the moment it's all been quiet for a few weeks :yes:
Peace, luv and light :sun:
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Re: TAKING ON CAPITAL ONE

Postby Freeman-B » Mon Jun 07, 2010 11:33 am

All this nonsense about "US Law" is just an attempt to fob us off. It is really quite simple.

1. They are making a claim against an alleged contract

2. You are asking them to prove that said contract exists and that it was lawful (i.e. valuable consideration, clear lawful terms and conditions, signature by both parties)

3. Absent 2 (above) there is no obligation on your part as you cannot lawfully establish whether you "borrowed" anything. If they refuse to provide the required information, they are preventing you from meeting the alleged obligation that they are claiming in the first place! HE WHO DOES NOT DENY, AGREES!

4. It is therefore IMPOSSIBLE for you to establish the veracity of the claim, which you can only, therefore, presume to be fraudulent.

QED.

:peace: :love:
B
He who joyfully marches to music in rank and file has already earned my contempt. He has been given a large brain by mistake, since for him the spinal cord would suffice. Einstein
Banking doesn’t “involve” fraud...banking IS fraud. Tim Madden
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Re: TAKING ON CAPITAL ONE

Postby fmotl69 » Thu Jun 17, 2010 8:42 am

UPDATE!!!!

June 15th: Sent opportunity to cure.
June 16th: Received a Notice of default.

Here it is:
IMPORTANT - YOU SHOULD READ THIS CAREFULLY

Notice of Default served under sec 87 (1) of the CCA 1974

You have broken your agreement by going over your credit limit in clause 4 of the agreement.

IF THE ACTION REQUIRED BY THIS NOTICE IS TAKEN BEFORE THE DATE SHOWN NO FURTHER ENFORCEMENT ACTION WILL BE TAKEN IN RESPECT OF THE BREACH.

IF YOU DO NOT TAKE THE ACTION REQUIRED BY THIS NOTICE BEFORE THE DATE SHOWN THEN THE FURTHER ACTION WILL BE TAKEN AGAINST YOU.

1) We will terminate your account and issue Statement of Default.
2) You will have to pay back the whole balance immediately.
3) Register default with experian, equifax etc.
4) We may sell your debt to a DCA.

Blah, blah, blah...... Make a payment please we are begging you please.

Yours forever fraudulent,

Some twat.


Ha! Where is my original contract dickheads???????
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Re: TAKING ON CAPITAL ONE

Postby boo boo » Wed Jun 23, 2010 7:58 pm

fmotl69 wrote:UPDATE!!!!

June 15th: Sent opportunity to cure.
June 16th: Received a Notice of default.

Here it is:
IMPORTANT - YOU SHOULD READ THIS CAREFULLY

Notice of Default served under sec 87 (1) of the CCA 1974

You have broken your agreement by going over your credit limit in clause 4 of the agreement.

IF THE ACTION REQUIRED BY THIS NOTICE IS TAKEN BEFORE THE DATE SHOWN NO FURTHER ENFORCEMENT ACTION WILL BE TAKEN IN RESPECT OF THE BREACH.



Ey up fmotl69,

Am i missing summat here,they say they dont have to answer in affidavit form.

I fail to see your affidavit in which case they would be correct in denying you an affi!!!!!!

IF YOU DO NOT TAKE THE ACTION REQUIRED BY THIS NOTICE BEFORE THE DATE SHOWN THEN THE FURTHER ACTION WILL BE TAKEN AGAINST YOU.

1) We will terminate your account and issue Statement of Default.
2) You will have to pay back the whole balance immediately.
3) Register default with experian, equifax etc.
4) We may sell your debt to a DCA.

Blah, blah, blah...... Make a payment please we are begging you please.

Yours forever fraudulent,

Some twat.


Ha! Where is my original contract dickheads???????
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Re: TAKING ON CAPITAL ONE

Postby IamallthatIam » Thu Jun 24, 2010 8:36 am

HI F69,

as far as all this US law bollocks goes, if you feel so inclined as to put them in their place try googling The Knights Templar, Temple Bar, Inns of Court etc and start digging into the English franchise that IS the subsidary commonly called American law, also the UCC ( Universal Commercial Code) yes American but the clue is in the name, as in 'UNIVERSAL' ie of the 'UIVERSE' which incorporates the whole of the fecking planet not just the united states, and tell them to put that in their pipes and smoke it !!!!!

love and light
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Re: TAKING ON CAPITAL ONE

Postby fmotl69 » Thu Jun 24, 2010 10:51 am

I sent them a notice of estoppel.

Dear sirs,

It is my understanding that it was lawful of me to send you the previous notice.
It is my understanding that i could and did provide, within that notice, time for objections to be resolved honourably on both sides.
It is my understanding that it lawful for me to assume that, since you have not responded in substance ( to the best of my knowledge ) I have your tacit consent ( by acquiescence ) to the statements I made / proofs I requested which now stands as my truth, in law.
It is my understanding that it is now possible for me to assume that, since the proper time for your objections has expired, I have gained lawful estoppel by your acquiescence.
It is my understanding that I have acted in honour at all times, since you have not objected to what I said.
It is my understanding that it is now possible for me to point out that you must henceforth cease and desist from all and any activity regarding this current matter, or that any further communications from you will be considered to be unlawful harassment, and can be disregarded by myself without dishonour.

WITHOUT ANY ADMISSION OF LIABILITY WHATSOEVER AND WITH ALL INDEFEASABLE RIGHTS RESERVED.

Without frivolity,
In sincerity and honour.

Do de do de do.
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Re: TAKING ON CAPITAL ONE

Postby no_ta » Thu Jun 24, 2010 11:58 am

[quote]It is my understanding that it lawful for me to assume that{/quote]
I think there is a word missing? Apart from that it looks OK
Regards
Mike
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Re: TAKING ON CAPITAL ONE

Postby fmotl69 » Fri Oct 01, 2010 2:32 am

Morning all!

Just thought I would post an update on the situation with Capital One (for any newbies reading this or for anyone who might have been following the story)

After I sent the Notice of Estoppel, I received 7 letters over a period of 2 months from Capital One. I put a sticker over the address window saying NO CONTRACT RETURN TO SENDER, and put in the mailbox.
I have not received a letter from them since the July 16th, however...... I am still getting phone calls, which are never answered by my self (only by parents). They ring daily (approx 5 times). Parents still don't get it and are always on my back but I tell them not to worry and it is an act of desperation by Capital One and they are getting fuck all until they have answered my 4 questions in substance....... never going to happen!
I am sure that they are still adding charges and interest to the account, as they said that the account is not in dispute because they believed they answered all of my questions in substance....... BOLLOCKS! I want to send them a notice to say that the account is in dispute and that they are acting in dishonour but I am standing my ground and not contracting with them in anyway.

So it has been 6 months since I last made a payment and all they have done is got some twat to phone the house 5 times a day (like I give a shit) and I have had no contact from anyone else regarding the account (DCA's or Office of Fair Trading-like they said they would be contacting, if they did not receive a payment). I had success with the mobile phone company 3, using similar methods to this situation with CAP1, and they sold the account to a DCA for an outstanding monthly payment of £20.00, after 2 weeks of non payment!

If anyone has had a similar situation to mine, when dealing with credit cards, do let me know. Did they continue to keep adding charges and interest? If yes, what was your next step? If anyone has any knowledge on how to find out if they are adding charges to the account, without contracting with them, please let me know.

What I do know is that I have all my paperwork in place, they are acting in dis-honour, and they don't have a leg to stand on!
Corruption and Fraud will get a strong fisting from justice and truth....... I love this shit......... BRING IT ON!!!!!!

Good luck to all, massive thanks to all that have helped along the way, I couldn't have done it (pending) without you, big love!
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Re: TAKING ON CAPITAL ONE

Postby phillwelsh » Fri Oct 01, 2010 6:42 am

morning f69.
Firstly regarding the phone calls simply send a notice of harassment demanding removal of your number from there system and inform them you will only use written notices for communication.
Secondly about the charges and interest, in my view, who cares? At the end of the day they are simply adding alleged debt to more alleged debt! If the money didnt exist in the first place then the imaginary money their adding to it is bollocks to!
To me its only numbers.

Those are just my views anyway.

Hope your having fun with these guys and get that Notice Of Request to Cease Harassment sent. You'll find plenty on my threads in the DCA section of the site.

Rock on
Phill
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