Cap One/CCA Request

[pammyinhope]

Hi to all

New member, have been reading the threads and have decided to request a copy of my CCA from Capital One.

Sent letter requesting CCA on 12th November 2008 (special delivery) and received a letter this morning (29th) which i think is the last day of the 12 day deadline.

It looks like a standard letter showing outstanding balance and when the next payment is due. Also there is a letter headed ' terms of your Capital One Credit Card Agreement with what looks like standard terms and conditions. No original signed documents here with my name on, plus another standard set of terms and conditions.

Any suggestions? Unsure what to do next as they have responded within the 12 days. Am i right to think they havent got the original, signed CCA?

Any help would be greatly appreciated.

[fedup74]

Hi pammy, they have not complied with your request and are now in default. Just sending a copy of terms and conditions does not count as a CCA request. You could send this letter but you they know they are in default already, so a lot of people on here would say that you should not have to send this letter. If you send it, you have a paper trail that you have questioned the dispute on your account. Good luck

ACCOUNT IN DISPUTE

Re: my request under the Consumer Credit Act 1974

Thank you for your recent letter sent to me, the contents of which are noted. I appreciate your quick response to my original letter. However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974.

The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter.

My request remains outstanding. Just sending the Terms and Conditions, like the one you sent in your reply, does not constitute a true copy of any credit agreement that may or may not have been signed by me on the opening of this account. This neither confirms that I am liable for any alleged debt to you, nor gives me any chance to evaluate whether any original agreement was ‘properly executed’.

I still require you to send me a true copy of the original credit agreement that you allege exists. As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.

You had until XX/XX/2007 to provide me with the true copy I requested. You are now in default of my request. Any account I hold with you is now in legal dispute. Whilst the account remains in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agency.

To register information with a credit reference agency, you must have written consent from the customer to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.

The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office

To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Whilst you remain in default of my request, you are not permitted to take any action against this account. This includes adding further charges and passing any information to the credit reference agencies.

Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me.


I look forward to your reply.

Yours faithfully

Don't sign just type
**amend to suit your circumstances.**




<<<<<<If I have helped please feel free to tickle my scales<<<<<<<<<

[pammyinhope]

Thanks fedup, letter posted today.

Just wondering, is it better to send letters back to the person/office you received them from or back to Head Office where the original letter went.

I sent the original Capital One letter to London, but the reply came from Nottingham, might seem a daft question, but was wondering if there is any benefit for either ??

[fedup74]

Hi pammy, I would send it to their registered office, normally found at the bottom of your letter

[SB100]

subbing Thanks for that letter fedup

[fedup74]

No probs (ta for rep)

[pammyinhope]

Hi fedup, heard nothing back yet from capital one. I have started a new thread in the MBNA section. Any thoughts and help there id be grateful of.

Thanks

[pammyinhope]

Hi,

Received a letter back from Capital One today with another standard copy of the current terms and conditions.

They dont seem to be responding to my letters other than sending copies of the terms and conditions. Havent had anything back signed or looking like a CCA.

Am i right to possibly assume they dont have a copy of a proper CCA?
Do i write back or wait for them to make the next move?

Your thoughts and comments greatly appreciated.

[pammyinhope]

Hi,

Just to confirm what i have been sent - would appreciate your thoughts

Copy of 1st letter:

http://i370.photobucket.com/albums/o...scan0003-3.jpg

On back of 1st letter:
http://i370.photobucket.com/albums/o...y/scan0003.jpg

Plus, copy of agreement (looks standard stuff).

After receiving that response i sent the account in dispute letter and got sent back virtually the same letter as the 1st and another copy of the agreement.

Do i now sit tight and do nothing and wait for their next move?

Pammy

[fedup74]

Hi pammy Have you signed the agreement posted above or is it a blank application form they have sent you?

[pammyinhope]

Have received nothing back thst is signed. Do i wait for them to make the next move?

[fedup74]

Hi Pammy, you could send a letter stating a copy of the terms and conditions does not discharge their duty but I doubt they will take any notice.


I do not acknowledge any debt to your company
Dear Sir,

Re:−


FORMAL NOTICE - ACCOUNT IN DISPUTE.

This letter is further to letter from yourselves dated (enter date).

On the (enter date) I wrote to you requesting a copy of the credit agreement and other information under the Consumer Credit Act 1974 (Sections 77-79).

To date you have failed to comply with these requests as you have sent a copy of current terms and conditions, and not the signed, executed credit agreement. As you know you must provide me with a copy of the executed agreement upon request as proof of your legal right to collect this account under the Consumer Credit Act 1974.

Furthermore, you are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before you enter into a default situation.

These limits have expired.

As you are no doubt aware the Consumer Credit Act states:

If the creditor fails to comply with Subsection (1)

He is not entitled , while the default continues, to enforce the agreement.

Therefore this account has become unenforceable at law.

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

Furthermore I shall counter-claim that any such action constitutes unlawful harassment.

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

Should you refuse to comply, you must within 21 days of the initial request to stop processing my details, provide me with a detailed breakdown of your reasoning behind continuing to process my data.

It is not sufficient to simply state that you have a ‘legal right’. You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

Furthermore you should be aware that a creditor is not permitted to take ANY
Action against an account whilst it remains in dispute.

The lack of a credit agreement is a very clear dispute and as such the following applies.

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.
* You may not add further interest or any charges to the account.
* You may not pass the account to a third party.
* You may not register any information in respect of the account with any credit reference agency.
* You may not issue a default notice related to the account.

I reserve the right to report your actions to any such regulatory authorities as I see fit including but not limited to Trading Standards, the Office of Fair Trading, the Information Commissioners Office, The Financial Ombudsman Service and my MP .

You have 7 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

Yours faithfully

[Podclock]

Hi pammyinhope, I am in the same situation. Check out my thread to view my latest letter Cap1 sent me after I had gotten to your stage. Have asked the Guys for their opinion on the letter. Hope it helps a little even if it shows what Cap might do next.No CC Agreement and reserve the right to harrass me! Cap one

Should take you to my thread with 'No CC agreement but reserve the right to harrass me'. I'm new to this so its just for info, not enough knowledge to help!