Capital One CCA request

[midge61]

i think you will get a nasty shock.
I sent my cca request 9th july. Their first attempt was rubbish but they insisted it was good. i wrote back and said not good enough your in default.
They wrote back oh no we arn't you are! They issued a default notice (amount all charges ) and then they sent this:


Now I don't know what to do. Recieved letter from them yesterday saying account terminated and sent to debitas and a letter from debitas saying pay up.
I did dispute the default saying they hadn't supplied agreement and amount was all charges but made no difference.

[ODC]

Is the Credit Limit on this form

[Curlyben]

Midge, looks good to me.
If the whole account is made of charges, tell the DCA that you are disputing the balance with the OC and that no further action will be taken untill this is resolved.

Cap1 are quite straightforward to deal with.

[blueeyedboy1980]

So far all i have received is a handwritten compliments slip saying postal order not required. T's and C's booklet on way. the postal order i had sent them was sent back to me. I haven't heard anything from them since.

[Curlyben]

Blueeyed, not to worry your request has been accepted.
Keep this slip safe for later use

[midge61]

Hi ODC

No my limit is £1000 but it is not on the form. Also it says in cancellation box that details of how to cancel will be sent seperately but I never recieved anything like that.

thanks

[Curlyben]

The credit limit may not be stated, but the line about how it's worked out is fine for CCA pre-scribed terms.

[midge61]

Thanks Curlyben.

Will I be able to dispute the default as it is made up of charges only?

[Curlyben]

Of course.

[blueeyedboy1980]

All disputes I am making are in the hope I can get out of some of my debt. No mad charges or anything else by them. Just me being a prat when i was younger and buying things on credit when i never thought about paying it back. Am i missing the point completely?

[midge61]

hi sorry to be a pain.

does it matter that the agreement only has an illegible date recieved stamp on it, shouldn't it actually be dated by their signiture.

Sorry for all this but I feel sure this is reconstructed and not the origional.

I am going to proceed with claiming the charges (only about £400) and getting the default removed am just vexed about the whole thing really.

[blueeyedboy1980]

I have just received a similar agreement from cap one. my signature and a date are on it. their signature looks like it was done with a thick marker pen. there is a 2nd page with T & C's. must say i wasn't expecting to get anything from them. where do you guys think i stand?

[midge61]

Me thinks they have wised up!

[ODC]

I think it depends how old the debt is. CLOWNELLS and RWC purchased a shed load of old Crap One debts without the proper paperwork. Newer defaults seem to have the proper CCA and not an application form

[blueeyedboy1980]

do u think that a agreement like the one above is enforceable?

[ODC]

Originally Posted by blueeyedboy1980

do u think that a agreement like the one above is enforceable?

I'm no expert but it looks good enough to me

Have a look at this http://www.consumeractiongroup.co.uk...le-useful.html

However there may be a lot of unlawful penalty charges on it that you can claim back to lower the balance an Subject Access Request to Crap One may be to your advantage