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    • Know it has already been answered, but? Does not explain why JCI has registered a different default date when they get the information from the original creditor, Virgin
    • Since you were stopped at the time there is no requirement for the police give you anything there and then or to send you anything before they have decided how to deal with the offence.  They have three choices: Offer you a course Offer you a fixed penalty (£100 and three points) Prosecute you in court  The only option that has a formal time limit is (3). They must begin court proceedings within six months of the date of the alleged offence. Options (1) and (2) have no time limit but since the only alternative the police have if you decline those offers is (3) they will not usually offer a course beyond three months from the date of the offence and will not usually offer a fixed penalty beyond four months from that date. This is so as to allow time for the driver to accept and comply with their offer and to give them the time to go to option (3) if he declines or ignores it.  Unless there is a good reason to do otherwise, the action they take will usually be in accordance with the National Police Chiefs' Council's guidance on speeding enforcement. In a 40mph limit this is as follows Up to 45mph - no action. Between 46mph and 53mph - offer a course Between 54mph and 65mph - offer a fixed penalty Over 65mph - prosecution in court So you can see that 54mph should see you offered a fixed penalty. Three weeks is not overly long for a fixed penalty offer to arrive. As well as that, there has been Easter in that period which will have slowed things down a bit. However, I would suggest that if it gets to about two months from the offence date and you have still heard nohing, I would contact the ticket office for the area where you were stopped to see if anything has been sent to you. Of course this raises the danger that you might be "stirring the hornets' nest". But in all honesty, if the police have decided to take no action, you jogging their memory should not really influence them. The bigger danger, IMHO, is that your fixed penalty offer may have been sent but lost and if you do not respond it will lapse. This will see the police revert to option (3) above. Whilst there is a mechanism in these circumstances  to persuade the court to sentence you at the fixed penalty level (rather than in accordance with the normal guidelines which will see a harsher penalty), it relies on them believing you when you say you did not received an offer. In any case it is aggravation you could well do without so for the sake of a phone call, I'd enquire if it was me.  I think I've answered all your questions but if I can help further just let me know. Just a tip - if you are offered a fixed penalty be sure to submit your driving licence details as instructed. I've seen lots of instances where a driver has not done this. There will be no reminder and no second chance; your £100 will be refunded and the police will prosecute you through the courts.
    • Looks similar to you original email to their Complaints team. I dont rate copypasta for a CEO complaint. Rewrite it with emotion involved as to how badly this is affecting you and make them feel embarrassed for their actions... 
    • Well, not quite the trouncing they deserve, and Andy Street suffering - despite distancing himself from the poops and being a good mayor (and despite the rather ridiculous muslim voter labour boycott across regions - did they really want the tories to stay in power?) - But not bad at all The Reformatory goons managed two council seats didn't it - out of over 300 they tried for ..     
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Hi, sent CCa to capitalone and SAR received reply to CCA could some one look at this even if it is only for a laugh.

capitalagreement.jpg

 

capitalagreement2.jpg

 

capitalagreement3.jpg

 

 

 

What planet are these people living on.

 

what should i send now,

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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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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 signature or not?

:!:Don't believe them! The wool they try to pull over your eyes is 50% cotton. :!:
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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 calls and letters pretending to threaten all sorts short of taking your first born.
  2.  

     

    YES/NO*

     

     

     

     

    * Delete as appropriate

     

     

    :-D:-D

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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 calls and letters pretending to threaten all sorts short of taking your first born.
    2.  

      YES/NO*

       

       

       

       

      * Delete as appropriate

       

       

      :-D:-D

       

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

       

      M

 

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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 dispute!

 

Response Yes!!

 

Does this sound familiar :)

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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 signature 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.

:!:Don't believe them! The wool they try to pull over your eyes is 50% cotton. :!:
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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 signature. 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 PPI 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 Procedure 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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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

Edited by MandM

 

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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 signature. 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 PPI 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 Procedure 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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personally, I can't see anything wrong with it :)

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

:!:Don't believe them! The wool they try to pull over your eyes is 50% cotton. :!:
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Crap1,

have so far sent nothing to my CCA, SAR & LBA. The only thing they sent was 3 letters saying my signature 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 DCA to threaten me with a charging order which was nice. They never asked for a signature. Bless em.

 

 

Pumpytums

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  • 2 months later...

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.

 

baz001.jpg

 

 

capitol001.jpg

 

 

capone1001.jpg

 

 

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

 

Mrs M

 

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I thought you might like to have a look at this thread as it is on a similar vein to yours.

 

http://www.consumeractiongroup.co.uk/forum/capital-one/224281-ngj-cap1.html

 

If you click on the links in the first post, you will see a striking similarity to the cr*p they have sent you.

 

Having looked a these "agreements" a lot, I don't see any reference to any terms and conditions "overleaf. All it says is that you have read the terms and conditions which mean bu**er all.

 

It is devoid of

The APR

Credit limit (or a statement saying one will be set)

Repayment terms

 

So basically and in my very humble opinion, it's a pile of poo :D

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 comment made, you should see a qualified solicitor

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Thanks Silverfox

 

I am still waiting for the SAR from them so I can work out what they owe him for ppi. Should I wait until the time out and combine the letters or should I hit them now with the CCA is rubbish letter and sort out the ppi later.

 

Mrs M

 

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Thanks Silverfox

 

I am still waiting for the SAR from them so I can work out what they owe him for ppi. Should I wait until the time out and combine the letters or should I hit them now with the CCA is rubbish letter and sort out the ppi later.

 

Mrs M

 

Up to you really

 

HI,

 

Sorry have just realised that the SAR request was due end of December what should I do now.

 

Mrs M

 

 

Formal complaint to Crap1 giving them 7 days to respond. They have had enough time.

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 comment made, you should see a qualified solicitor

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