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Having already represented my better half in court in respect of a Barclaycard application form/agreement (which was won). My better half has just received a threat of intended legal action to enforce an Ultra Short Capital One Application form/agreement.
I'll post a response to their pathetic letter later.
PW
An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />
Winston Churchill
Just a couple of threatening letters from Llowell.
Attached is the application form.
The process was as follows:
Complete application and post it off to Capital One.
Capital One approve the application by signing it and subsequently then send out the "agreement"
Receive a pack from Capital One which contains amongst other things an "agreement" - including all terms and conditions and the prescribed terms. However, the agreement is not executed as it does not contain signatures.
I'll post all the documents later to show the process.
Paul
An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />
Winston Churchill
All the prescribed terms have to be included within the body of the executed agreement. i.e. the signed document by virtue of the regulations.
I can't see the prescribed repayment terms, interest rate or credit limit within that signed document.
Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.
Having already represented my better half in court in respect of a Barclaycard application form/agreement (which was won). My better half has just received a threat of intended legal action to enforce an Ultra Short Capital One Application form/agreement.
I'll post a response to their pathetic letter later.
PW
paul, did you have any objections from the other side/judge when it came to arguing the case on her behalf?
All the prescribed terms have to be included within the body of the executed agreement. i.e. the signed document by virtue of the regulations.
I can't see the prescribed repayment terms, interest rate or credit limit within that signed document.
and the "declaration" prior to the signature that " i have read the terms and conditions" is useful to use to show that when these companies try to allege that those t&c's were on the reverse is a lie
paul, did you have any objections from the other side/judge when it came to arguing the case on her behalf?
The case was small claims track. I put the request in writing gave a copy to the usher and other side....DJ OKd it... This is acceptable on the small claims track.
PW
An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />
Winston Churchill
and the "declaration" prior to the signature that " i have read the terms and conditions" is useful to use to show that when these companies try to allege that those t&c's were on the reverse is a lie
Agreed.
An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />
Winston Churchill
and the "declaration" prior to the signature that " i have read the terms and conditions" is useful to use to show that when these companies try to allege that those t&c's were on the reverse is a lie
I know I am being terribly dense here , but how does the "declaration" prior to the signature that " i have read the terms and conditions" show that their claim the T&Cs would be on the back is a lie?
I am certain that you are right and that I am being terribly slow, but some illumination on this point would be very welcome - either by diddydicky or Paul (or anyone who knows!)
Thanks
SFU
I know I am being terribly dense here , but how does the "declaration" prior to the signature that " i have read the terms and conditions" show that their claim the T&Cs would be on the back is a lie?
I am certain that you are right and that I am being terribly slow, but some illumination on this point would be very welcome - either by diddydicky or Paul (or anyone who knows!)
Thanks
SFU
My post may have caused confusion, I'll explain.
The application refers to terms and conditions but In any event the prescribed terms are not contained within the terms and conditions they are referred to in a separate document. So in conclusion even If the terms and conditions were overleaf the requisite wasn't Included.
It's much easier to see when in possession of the documents.
Paul
An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />
Winston Churchill
We write further to recent communication regarding the account detailed to the right.
After reviewing the account, we are prepared to take a commercial view in relation to this matter and as a gesture of goodwill and strictly without any admission of liability, we are prepared to close the account and write - off any outstanding balance.
We trust that you will find this satisfactory and that this matter is now closed.
You owe £0.00
An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />
Winston Churchill
IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.
My Mrs V Capital One ***WON***
Application form/agreement.
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Originally Posted by old_andrew2007
, but how does the "declaration" prior to the signature that " i have read the terms and conditions" show that their claim the T&Cs would be on the back is a lie? 
