Wednesday vs Capital One

[surprise]

Yes, once they have given their final response. You need to make sure that the total amount of your claim is comparable to a write off.

[wednesday1867]

The charges are about £250 including compounded interest, balance is about £1500. Not sure how much interest there is, probably equate to about £500-£600.

Ill have a look and work it out

[wednesday1867]

Update

I let this slip, when the letter dried up, over the last few weeks, it has started back up.

Cap One have defaulted me, they have said the account isnt in dispute as this is something they dont do

They are still standing by the fact that they believe the agreement they sent me is enforcable.

I have now received their final response,so this weekend will be sorting out a complaint to FOS.

This is the first attempt at wording a complaint.

I sent Capital One a legal request to supply me with a copy of my true executed agreement on 25th June 2007 under section 78 of the Consumer Credit Act. The agreement Capital One supplied me, doest comply with the Consumer Credit Act 1974 which it is regulated by. I received a signed pre contractual application/ agreement with a copy of the most recent terms and conditions. Section 61 of the Consumer Credit Act says a regulated agreement is not executed unless it contains all the prescribed terms, as you can see the signed document contains no terms and there is no way of associating the terms supplied are the terms to my agreement. I believe thise alone makes my agreement unenforcable, which draws me to my next complaint. Capital One have recently defaulted my account, which i believe should be removed as this account is in dispute up until such time a true executed agreement is supplied for this account.

Id gladly accpet any tip on how to make it better.

Thanks

[surprise]

You need to go on to the FOS Website there is a complaint form, you can complete online and either email or post. You need also to send all copies of correspondence.

[wednesday1867]

Good to see your still about Surprise , i've been to the website and was half way through filling it, but i dont feel im doing it justice i will be posting it Monday with a letter to Cap One, letting them know that even tho they don't put accounts into dispute, this one is and will be until the FOS reach a decision.

[surprise]

You will need to fill it in otherwise it just delays matters. FOS will send you one to complete in the post so worth taking the time and trouble to start with. I've finished with Cap One, I did OK - it finished up they owed me more than I owed then and I got the default removed via FOS.

[wednesday1867]

I will be posting it to FOS on Monday, just feel i need to re word it better.

Congrats on your win

[wednesday1867]

Originally Posted by surprise

The lack of a credit agreement is a very clear dispute and therefore the following applies:

• You may not demand any payment on this account, nor am I obliged to offer any payment to you.
• You may not add any further interest or charges to this account.
• You may not pass this account to any third party.
• You may not register any further information in respect of this account with any of the credit reference agencies.
• You must remove any default notice you have placed on my credit file.

Surprise is this in the CCA or in one of the updates of it? Id like to quote it, but dont know where its from

[surprise]

I'm not sure what section its from but it is right. It was given to me in a letter from the site from one of the Site Helpers but can't remember which one.

[wednesday1867]

oops