Claim from CAP1

[gill5blue]

Hi
I requested my CCA and list of overlimit & late charges on the 22nd May, I have recieved list of charges £80.00, but no CCA.
Do I claim charges then go for unenforcable or go for unenforcable I owe £2000.00
Gill

[gill5blue]

HI
I have received an application form in response to my CCA
GILL

[surprise]

Cap one do not have agreements only application forms, they actually admitted it to someone. I am doing my daughter's claim and as she actually owes them more than what she was claiming so I am going for unenforceable, serves them right for messing us about like they have. The choice is yours. You need to be strong though if you go for unenforceable because they're not going lightly.

[gill5blue]

UPDATE
After complaing to FOS, FSA, INFORMATION COMMISSIONERS OFFICE, trading standards they ring daily even when i have sent a letter requestong all communications to be done by writing.
I have just filled out a complaint to OFT over internet, complaining about lack of CCA and daily phonecalls

[ukaviator]

Ok . . let's see what happens now. Capital One must be one of the worse banks for phone hassle. Have you had a look at Maggiebrooms thread in the PPI section?...

[surprise]

Next time they ring say to them can you make a note on your screen that I have reported Cap One to Trading Standards for harassment and that they have not met their legal obligation by supplying a signed agreement. Don't phone again until you have fulfilled your obligation.

[gill5blue]

I found a recorder on my windows(vista) and now when they ring I explain that the account is in default, this records them date etc. I dont inform them at the time that I am recording them because i sent a letter requesting all communication to be done in writing and any further phonecalls may be recorded. What they also like to do is ring and hang up when I answer, so I do 1471--3 and record the message saying Cap1 rang

[gill5blue]

UPDATE
Eventually a reply from FOS, my complaint has now been passed to the casework support area to await allocation to an investigation team.
I hope this is good news for me and bad news for cap1.

Im feeling more positive now, since sending CCA request in MAY 2007.

[gill5blue]

update
Cap1 still ignoring situation and say they have complied
Here is the application form
Can anyone tell me if it is valid because they say I have breached the agreement and have served notice of default under section 87 (1) of the Consumer Credit Act 1974

http://i207.photobucket.com/albums/b...7/Cap1App1.jpg

How shall I reply?
Cheers in advance

[surprise]

If your case is still with the FOS everything you receive from CapOne should be passed to the FOS to deal with.

My daughter's case is exactly the same 3 application forms and passed to the FOS. The FOS are very slow though to deal with this and CapOne kept writing to her until I eventually emailed the FOS and told them to deal with the matter or to respond to CapOne to refrain from writing to her until such time as negotiations had been dealt with. They have not written to her now for sometime. Had a letter from FOS to say that the matter had not yet been passed to a caseworker. This is from last summer.

[gill5blue]

Bump
Can any one tell me if this is enforceable, as I am now getting letters from solictors.
please

[surprise]

Clearly an application form with no prescribed terms. Not enforceable

[gill5blue]

Hi,
I have just had a letter from CAPITAL ONE stating that since the account has been opened it has been operated in accordance with the terms and conditions and as so it will remain enforceable, how shall i phrase my letter in response to them?
Surprise, thankyou for your response, what can I state in a letter to them as to what prescribed terms are missing?
Help it is getting me down
Gill5blue

[surprise]

I would just acknowledge their letter saying that what you require is a copy of an agreement containing all the prescribed terms and conditions not a copy of the application form. Also, state that until FOS have completed their investigations you do not expect to hear anything further from them and send all correspondence to the FOS. FOS are extremely slow at the moment I think my daughters case has been with them about 8 months now, however, CapOne have stopped writing and FOS did ask CapOne not to correspond until their investigations were complete.

[the main man]

Hi,

This is a copy of a letter I have sent in a similar case to yours which I borrowed!





Account number: xxxxxxxxxxxxx

Dear

Request for a True Original Copy of Signed Credit Agreement under Sections 77/78 of the Consumer Credit Act 1974.
Account in Dispute

I wrote to you on xxxxxx requesting a true, signed original copy of any credit agreement that exists in relation to the above account. This was a legal request for information under Sections 77/78 of the Consumer Credit Act 1974. The statutory fee of £1.00 was enclosed with my original request.

The Consumer Credit Act 1974 and Agreement Regulations1883 are very specific as to the form and content of a regulated agreement and the Application form you have provided to date falls short of what is required.

Under the terms of the above ‘Act’, if a creditor has not complied within 12 working days of receipt of this request the creditor is in default, rendering the alleged agreement unenforceable until the request is fully complied with, or by a court order. Failure to rectify this default within a calendar month of the 12 working day period means that the creditor has committed an offence under the ‘Act’.

Both of these deadlines have now passed and due to the non-compliant reply in relation to the above request you have not discharged your obligations under the ‘Act’, and remain in default.

On advice from the Financial Ombudsman Service, I now require you to reply with your final response to comply fully with my previous request. The maximum timescale for you to give a final response to my complaint is 8 weeks. This time runs from the date of the original complaint, which in this case, is the date you received my original request on x
56 days from this date will expire on x

Should your final response not comply with all statutory regulations and pertinent sections of the ‘Act’, and be a true signed original copy of the alleged executed agreement – I will be left to surmise that no regulated enforceable agreement exists between us.

Whilst this account is in dispute, and remains in default – I should remind you that you may:-
·Not demand any payment on this account, nor am I obliged to offer any payment to you.
·Not add any further interest or charges to this account.
·Not disclose or pass on this account to any other party/agent.
·Not register any adverse payment history regarding this account with any Credit Reference Agency.
·Not issue a default notice related to this account.


Be advised, the Consumer Credit Act 1974/2006 makes very clear that, a default may only be issued for breach of a regulated valid agreement. Further, that disclosure under the Data Protection Act is not, and can not be processed without express consent. This consent is expressly withdrawn until such time as a true copy of the alleged executed credit agreement is provided. As no such properly executed, enforceable agreement has yet been proven to exist, any attempt at serving default, or disclosure of my data to any third party, will have no legal standing, and will be vehemently challenged.

I await your final response to this complaint within 14 days of this letter, and would ask you include your proposed actions in the event that you are unable to comply fully with this final request.

Yours faithfully

[gill5blue]

Thanks Main man
Was you succsesful with this letter?
Gill5blue

[the main man]

Like most, Cap1 will not give in easily and will try to convince you they are in the right however for me, after nearly a year, a stand off remains

With the fine help and support on here you will not go far wrong

[gill5blue]

I wrote to debitasand have had a reply back 'acknowledging my letter', they said they will be contacting me 'in due course'
3 weeks has gone by and I have not heard anything.
Gill5blue