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Thread: Mrs Ms son

  1. #1
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    Default Mrs Ms son

    Hi, sent CCa to capitalone and SARicon received reply to CCA could some one look at this even if it is only for a laugh.








    What planet are these people living on.

    what should i send now,

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  2. #2
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    Default Re: Mrs Ms son

    As you can see from the letter thy are trying to say that they do not have to show an agreement with the signatures and personal details, why it is what we have askd for.

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  3. #3
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    Default Re: Mrs Ms son

    Bump

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  4. #4
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    Default Re: Mrs Ms son

    Quote Originally Posted by MandM View Post
    As you can see from the letter thy are trying to say that they do not have to show an agreement with the signatures and personal details, why it is what we have askd for.
    They don't have to provide the signatures. The statement they make about Regulation 3 in their letter is correct.

    It is somewhat unfair as only they know if an enforceable agreement exists in the event of needing a court to decide on enforceability. Are you feeling lucky? Are you confident in calling their bluff? Do they have your signatureicon or not?


  5. #5
    Site Team silverfox1961 Authoritative silverfox1961 Authoritative silverfox1961 Authoritative silverfox1961 Authoritative silverfox1961 Authoritative silverfox1961 Authoritative silverfox1961 Authoritative silverfox1961 Authoritative silverfox1961 Authoritative silverfox1961 Authoritative silverfox1961 Authoritative silverfox1961's Avatar

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    Default Re: Mrs Ms son

    I would be sending them this (just as a wind up but you never know)

    Dear Sir/Madam,


    To avoid any confusion on either side could you please return this form with the relevant details completed.


    1. Do we have a fully compliant, signed agreement in accordance with the CCA 1974


    YES/NO*


    2. If yes, are we prepared to send this to you


    YES/NO*


      1. If no, we will happily go forth and multiply and not bother you again with any more stupid, irresponsible telephone callsicon and letters pretending to threaten all sorts short of taking your first born.


    YES/NO*




    * Delete as appropriate




    If you are asked to deal with any matter via private message, PLEASE report it.
    Everything I say is opinion only. If you are unsure on any advice given, you should see a qualified solicitor

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  6. #6
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    Default Re: Mrs Ms son

    Quote Originally Posted by silverfox1961 View Post
    I would be sending them this (just as a wind up but you never know)

    Dear Sir/Madam,


    To avoid any confusion on either side could you please return this form with the relevant details completed.


    1. Do we have a fully compliant, signed agreement in accordance with the CCA 1974

    YES/NO*


    2. If yes, are we prepared to send this to you


    YES/NO*


      1. If no, we will happily go forth and multiply and not bother you again with any more stupid, irresponsible telephone callsicon and letters pretending to threaten all sorts short of taking your first born.

    YES/NO*




    * Delete as appropriate


    It's tempting - do you think they'll answer? lol

    M

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  7. #7
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    Default Re: Mrs Ms son

    Of course they will answer, albeit two months later and with nothing that refers to the previous letter.

    This IS CAP1 we are talking about. One of the leaders in utter bovine excrement

    Does anyone remember a party game where you give the answer to the question before this one. This is how CAP1 work

    Letter one. Do you have an agreement?

    Response one. ERM no there can't be one!

    Letter 2. This account is in disputeicon!

    Response Yes!!

    Does this sound familiar

    If you are asked to deal with any matter via private message, PLEASE report it.
    Everything I say is opinion only. If you are unsure on any advice given, you should see a qualified solicitor

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  8. #8
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    Default Re: Mrs Ms son

    I can never understand why they, and others, hide behind the 'we are allowed to withhold the signatures'. Surely it's much easier and quicker to leave the signatures on rather than remove them. Or, perhaps, it's too difficult for them to put it on.

    Who are they protecting, do they think that you don't know what your own signatureicon looks like? I'm sure that a fraudster trying to obtain a copy of a signature wouldn't write to a financial institution to try and get it.

    You could write and ask them to provide the signature(s) so that you can verify that it was you that signed it. Don't hold your breath, though.


  9. #9
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    Default Re: Mrs Ms son

    Thanks usaname, and Mr Fox (have read your posts elsewhere on CAGicon with interesticon )

    Will see where this one goes and start the fight

    M

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  10. #10
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    Default Re: Mrs Ms son v capital one

    I have drafted this letter does it look ok or is it too much. Do I have to send another £1 to them.


    Dear Sirs

    Account number *************

    I write with regards to the above account with your organisation.

    I respectfully request that you provide me by return a copy of the credit agreement which bears my signatureicon. I require this as I have reason to believe that there may be discrepancies within the agreement which may leave it improperly executed

    I would also like to see the relevant PPIicon section.

    Obviously if the agreement is improperly executed I would be entitled to ask the court to consider the agreement and make a declaration of the rights of parties to the agreement.

    I must stress this request is NOT made pursuant to section 78 Consumer Credit Act 1974 but is made pursuant to the Civil Procedureicon Rules ( Pre action protocols and Part 31.16) and therefore an unsigned copy will not suffice, only a copy of the original contract in its unaltered form will suffice in these circumstances

    Please confirm if you still hold a copy of my signed agreement and that you will provide me with this document.

    I do not view this as an unreasonable request given that by supplying the document which I have asked for it will allow me to assess if my case has merit and will help to resolve matters possibly without the need to involve the court and will undoubtedly save costs on both sides

    I look forward to your reply and would ask for a response by 30/12/09


    Regards
     






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  11. #11
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    Default Re: Mrs Ms son

    can anyone tell me how to sort out my thread as the pages are very wide and i dont know if i can edit

    NOW SORTED!! so ignore this post


    Mrs M

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  12. #12
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    Default Re: Mrs Ms son v capital one

    Quote Originally Posted by MandM View Post
    I have drafted this letter does it look ok or is it too much. Do I have to send another £1 to them.


    Dear Sirs

    Account number *************

    I write with regards to the above account with your organisation.

    I respectfully request that you provide me by return a copy of the credit agreement which bears my signatureicon. I require this as I have reason to believe that there may be discrepancies within the agreement which may leave it improperly executed

    I would also like to see the relevant PPIicon section.

    Obviously if the agreement is improperly executed I would be entitled to ask the court to consider the agreement and make a declaration of the rights of parties to the agreement.

    I must stress this request is NOT made pursuant to section 78 Consumer Credit Act 1974 but is made pursuant to the Civil Procedureicon Rules ( Pre action protocols and Part 31.16) and therefore an unsigned copy will not suffice, only a copy of the original contract in its unaltered form will suffice in these circumstances

    Please confirm if you still hold a copy of my signed agreement and that you will provide me with this document.

    I do not view this as an unreasonable request given that by supplying the document which I have asked for it will allow me to assess if my case has merit and will help to resolve matters possibly without the need to involve the court and will undoubtedly save costs on both sides

    I look forward to your reply and would ask for a response by 30/12/09


    Regards
     



    Bump

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  13. #13
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    Default Re: Mrs Ms son

    personally, I can't see anything wrong with it

    If you are asked to deal with any matter via private message, PLEASE report it.
    Everything I say is opinion only. If you are unsure on any advice given, you should see a qualified solicitor

    Do you need debt advice? Look at this excellent blog. 10 steps to put YOU back in control
    Part 1--Part 2--Part 3--Part 4--Part 5--Part 6--Part 7--Part 8--Part 9--Part 10


  14. #14
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    Default Re: Mrs Ms son

    Thanks silverfox, will send the letter now


    Mrs M

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  15. #15
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    Default Re: Mrs Ms son

    Looks good to me. Personally, I wouldn't send another £1, as they have failed to provide the correct information in the first place.


  16. #16
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    Default Re: Mrs Ms son

    Thanks usaname. will send the letter and wait for the fight.


    Mrs M

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  17. #17
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    Default Re: Mrs Ms son

    Crap1,
    have so far sent nothing to my CCA, SARicon & lbaicon. The only thing they sent was 3 letters saying my signatureicon didnt match what they had on record and could I send a copy of passport or drivers licence.
    The only other thing they did was get there DCAicon to threaten me with a charging order which was nice. They never asked for a signature. Bless em.


    Pumpytums


  18. #18
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    Default Re: Mrs Ms son

    Oh well, letter sent . Let's see what happens.

    Mrs M

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  19. #19
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    Default Re: Mrs Ms son

    HI everyone

    Received a reply from Crap one they sent a copy of the signed agreement can someone have a look and see if it is right.










    Not sure why they did not just send this at the begining if they had it.

    Mrs M

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  20. #20
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    Default Re: Mrs Ms son

    One more point to make I dont see anywhere on the agreement about the PPIicon he has been paying

    Mrs M

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