Capital One failed to comply with CCA request (I think)

120805 · 27th April 2007, 18:52

Hi,

Been reading up alot on Cap One but am struggling to find anyone else who is also in my situation with these guys.

Basicaly my husband and myself sent them a CCA request for each of our credit cards (not joint names). Well the 14 days expired last week but today we both received letters from Cap One saying here is the information that you require and enclosed a copy of theirTerms & Conditions! Would I be right in thinking that they have not complied with my request?

My letter clearly asked for a copy of my agreement and I enclosed the £1 postal order and sent it recorded delivery. This was done for both accounts.

Any help would be much appreciated, as I am a bit unsure as to what to do now. The month will expire on the 24th May. Should I seek advice from OFT?

dx100uk · 28th April 2007, 01:54

you are correct
they have not complied.
if you wish, use the letter someone put up in the thread your plea to look here was from.

i would expect cap1 to have the agreement as they are the co. you have the original a/c with though.

without sounding too condesending, what did you hope to achieve by requesting the orig agreement? do you doubt you ever had the cards?

what is the problem you have with the cap1 a/c's?

dx100uk

michsienna · 28th April 2007, 11:24

hi 120805, i thought they get 12 days plus another 30 to send you your agreement copy, after the first 12 days have gone if they havent sent it you,you can stop paying them your repayments until they do, then if they still havent sent it you 30 days later,what they have done is a criminal affence and you dont owe them a penny back . thanks for wishing me well i hope you to sort every thing out too, i dont know what i would of done with out all the help and support im getting from this web site, xxx

PriorityOne · 28th April 2007, 11:44

A creditor/DCA has 12 working days from receipt to comply with a CCA request. After that time, they are in default of a legal request and you are withing your rights to withhold any further payments. If they have still not complied after an additional 30 days... and they continue to pursue you for payment, then it's a criminal offence which needs to be reported to TS and the OFT.

In reality, the timescale mean very little if a CCA can be produced, since they can just go to court and have it re-enforced anyway

.... because a civil court doesn't deal with criminal matters.

To answer 120805... you should have received a true copy of your Agreement, signed by both parties. A set of terms and conditions on their own prove nothing

.

Send the following letter by rec. delilvery...

Dear Cap1,

Thank you for your letter of xx/xx/2007.

The information that you supplied however does not comply with a legal request for a true, signed copy of my Consumer Credit Agreement under the Consumer Credit Act, 1974. To date, all that you have supplied are a set of terms and conditions that could apply to anyone.

Therefore, until such times as you are able to comply with a request for my Agreement, no further payments will be forthcoming.

Yours faithfully/sincerely,

120805 · 28th April 2007, 18:35

Thanks everyone for your help and I will send that letter on Monday

120805 · 2nd May 2007, 02:12

Just to let you know that I have sent the letter mentioned above recorded delivery today, so I will now wait for my response.

One question though, am I right that the 30 days is still counting even though I have now sent another letter giving them a 2nd opportunity to send the correct info? The 30 days should expire on the 24th of May. I feel this is still plenty of time for them to comply so I dont feel that I should have to extend the time for them (they certainly wouldnt extend it for me)

Bigmac versus · 2nd May 2007, 02:18

Regardless of their times if they aint got it they aint got it.

the main man · 3rd May 2007, 18:50

Hi 120805,
I have today just received reply from Cap 1 after CCA request and all that was in envelope was my cheque which has been returned and a note saying T&C to follow, no application form no agreement no nothing.
Just started with Cap 1 but looks like they are buying time.
I wonder why??

120805 · 3rd May 2007, 19:57

Hi the main man,

Am confused as to what this lot are up to coz they sent me terms and conditions at the end of last month and today I got my postal order returned and a letter saying thankyou for asking us for a copy of your terms and conditions, we do not charge for this service so heres your postal order back.

Ive sent them another letter stating that they have not given me what I requested and that the clock is still ticking.

My only thought is that cap 1 do not have any agreements for us and thats why they are fobbing us off with t&c's.

When does your 30 days expire? My 30 days expire on the 24th of May

the main man · 3rd May 2007, 21:06

Hi 120805,

This card was taken out in 2004 so I am a bit surprised at the delaying tactics, my 12 days only expire tomorrow so will have to wait a little longer but I am going to keep the pressure on. Out of 6 CCA requests only 1 has attempted to fulfill it completely(and I mean attempted!) No doubt when payments cease this will be the time that they put up or shut up.

120805 · 3rd May 2007, 22:19

If they have the agreement they will surely produce it straight away to avoid any payments being missed to them. Am sure that they dont have it and they are treating us as fools in the hope that the t&c will be enough to satisfy with our request. My card was only taken out in 2005 so I would of thought that they would of had something but then I dont remember signing anything other than an application form.

Ive also sent off alot of cca requests and so far none have responded with the agreement and the 30 days for them all expire this month

120805 · 4th May 2007, 00:35

the main man,

Just wondering, is your debt still with cap 1 or is it now with a DCA? Am still with Cap 1 and so far they are not pestering me for any payment and they must know by now that I havent paid them.

Am asking this as I have been spending the evening reading up on Cap 1 and it appears although I am getting a pretty easy time with this bunch (for the moment anyway).

I am still convinced though that they do not have a credit agreement for me as they have sent me a statement and 2 letters since I sent off my CCA request. Why send so much mail to someones house when all they have to produce is one piece of paper and all will be resolved?

Bigmac versus · 4th May 2007, 23:26

To confuse you into believing they have complied with the CCA Request, offcourse you aint are you.

120805 · 4th May 2007, 23:53

Of course not Bigmac

There must be people out there though that will be fooled by these tactics, which is terribly cruel

120805 · 4th May 2007, 23:55

Actually Bigmac am needing help on another thread could you do me a favour and wiz over to CCA request Littlewoods HELP!!!

Thankyou

Bigmac versus · 5th May 2007, 00:19

Ok will have a look.

the main man · 5th May 2007, 09:00

Re: Capital One failed to comply with CCA request (I think)
the main man,

Just wondering, is your debt still with cap 1 or is it now with a DCA? Am still with Cap 1 and so far they are not pestering me for any payment and they must know by now that I haven't paid them.

Am asking this as I have been spending the evening reading up on Cap 1 and it appears although I am getting a pretty easy time with this bunch (for the moment anyway).

I am still convinced though that they do not have a credit agreement for me as they have sent me a statement and 2 letters since I sent off my CCA request. Why send so much mail to someones house when all they have to produce is one piece of paper and all will be resolved?

Yes still with Cap1 but on a special lifetime of the balance deal, so a bit concerned that if I stop payment and they then come up with the agreement that they will withdraw the offer. My payment is not due till back end of this month so treading carefully at this moment!
I will keep you informed of any further developments

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