Help tryingb to find CCA Template letter

[baslow138]

Im trying to find the template letter for a CCA request but cannot locate it anywhere.Also I owe them no money as I paid back all debt as the constant hassle ground me down in the end. I am curently finishing off N1 but feel a CCA back up letter may help full charge and contractual interest claim

cheers

Baslow

[Curlyben]

If you don't owe them anything and you are going for the charges, then a CCA request would be a pointless exercise.

[baslow138]

My thoughts were if they refused to pay compounded contractual interest but offered me stat 8% instead then if I refused the offer a judge would look favourably on my case as the orginal agreement( application form only) was unenforceable

Baslow

[mkandy]

I think judging by the recent wins in these cases, it's best to settle for 8%

[baslow138]

What bugs me though is that Capital one decide to offer 8% when it should be a judge deciding. Its typical arrogance plus the fact the whole account was a charade anyway legally with no proper CCA

[rory32]

if I refused the offer a judge would look favourably on my case as the orginal agreement( application form only) was unenforceable

This is of no relevance to your claim.

What bugs me though is that Capital one decide to offer 8% when it should be a judge deciding.

They're not forcing you to accept. If you go to court you may only get 8% though.

plus the fact the whole account was a charade anyway legally with no proper CCA

This only makes the account unenforceable, it does not mean that no credit was ever given. As Curlyben has already pointed out, there is no legal requirement to give you a copy of the agreement where no monies are owing on the account.

[Curlyben]

In my claim I received charges + ALL purchase interest + 8% stat + court fee.

Now i believe that this was an entirely fair settlement, especially as I was asking for CCI dating back to 2000 !!!

[mkandy]

Originally Posted by rory32

As Curlyben has already pointed out, there is no legal requirement to give you a copy of the agreement where no monies are owing on the account.

What about if there is no monies owing, but inaccurate data (i.e defaults recorded). I have paid back all of my debt to Cap One, but am pursuing removal of default through lack of CCA

[Curlyben]

Mkandy, that's a different matter entirely.
If you are still in the charges claim process then you can ask for the default removal as part of the settlement.
Otherwise you're looking at more court action, I afraid.

[mkandy]

Oh right, got a bit worried there!

I have pursued down this very road, and Cap One has refused default removal so far, CCA is the next best option in these cases.

[baslow138]

Curlyben as you stated in your cap 1+ CI thread ' claim for everything' but how can you if cap1 decides they will only pay the 8%. How can you get them to 'reconsider' paying CCI?