Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
I am just starting out with my Cap One claim and having been reading a lot about MBNA recently, I was wondering why there were no threads in here about sending a CCA request initially.
I take it they can and do provide true copies of the executed agreement so a CCA would be a waste of time?
Alpha
No-one has replied to your Q, so here you are, this is what I sent (from letter in Templates Section:
Dear X
Re:ACCOUNT NUMBER: xxxx xx
With reference to the above account, I would be grateful if you would send me a copy of my credit agreement.
Within the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a copy of my credit agreement on request. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.
I understand that a copy of my credit agreement should be supplied within 12 working days.
Please note that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.
Keep your receipts and counterfoil for the recorded delivery and use the Royal Mail site's tracking facility to get your proof of delivery (POD), print it out and staple them all together.
That will give them considerably less wriggle room
My House
My Town
Postcode
Date
Naughty Bank
c/o Wormwood Scubs
London
Postcode
Dear Sir/Madam
Re: − Account Number 0000 0000 0000 0000
With reference to the above agreement, I would be grateful if you would send me a true copy of the executed credit agreement.
I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a copy of this credit agreement on request. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act. This £1.00 is to be used purely for the purpose of sending a copy of the agreement, and under no circumstances should it be used for any other purpose (e.g. credited to my account).
I understand a copy of this credit agreement should be supplied within 12 working days.
I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.
I look forward to hearing from you.
Yours faithfully,
Alphageek
Enc: Postal Order serial number 000000
Via Royal Mail Recorded 1st Class – DL xxxx xxxx xxGB
In the light of a number of people in the cap one forum who have requested theie CCAs and not received them (I received more garbled copies of my statements and a return of my £1 cheque which wasn't actually there), if the same happens to you, you may need to write in again with an lba as it could be construed as non-compliance ...
I have just been playing around with some of the spreadsheets and the APR calculator.
Cap One are currently charging me 34.93% APR on Purchases and the same on Cash Withdrawals. No wonder they print the monthly figure of 2.53% on the statements.
I don't consider myself to be a particularly stupid person, so how have I ended up using a credit card with such a high APR? Oh, I remember now - the banks have taken so much of my money over the previous years and I got in to a spiral of borrowing more to pay them and using CCards in place of being able to use my income!
Hi, I have received a reply from CapOne. I will post it later.
I have tried to read through the .pdf version of the CCA (http://www.passprotect.studio400.me....t_Act_1974.PDF) this afternoon and see lots of references to prescribed term and layouts etc. but cannot see a list of what these prescribed items are.
Can someone point me in the direction of a list so I can check what they have sent has all the things it needs to make it a proper agreement.
Thanks.
The REAL Axis of evil: Banks, Credit Card Companies & Credit Reference Agencies.
Capital One Bank (Europe) plc, PO Box 5283, Nottingham, NG2 3YG.
Alphageek
Address
22 May 2007
TEL: 0800 9525150
REF: xxxxxxxxxxxx
Dear Alphageek
Account No. 0000 0000 0000 0000
Thank you for taking the time to write to us about your account.
I understand you'd like a copy of your credit agreement so I've included a copy with this letter. I've also arranged to send you the terms and conditions for your account. These will arrive separately within the next two weeks.
You've asked that we don't use the postal order you've included in your letter for any other purpose. As we don't charge for supplying this information, I'm returning this to you and won't add it to your account.
However, your account is currently one month behind in payment and over the agreed credit limit so it is important you make a payment as soon as possible to avoid further charges.
I hope I've explained things clearly and you'll accept my best wishes for the future.
Yours sincerely
Person
Executive Office Manager
I am going to scan and upload what they sent me as the agreement. It's too low quality to OCR.
The REAL Axis of evil: Banks, Credit Card Companies & Credit Reference Agencies.
Thank you for your recent enquiry. I have enclosed details of the terms and conditions for your credit card account. Please keep these details for future reference.
If you have any further queries about your account, please call our Customer Services Team on 0800 952 51 50.
I also received a reply to my SAR with a load of computer abbreviations and their meanings, lots of screen dumps from their system showing my account details containing loads of the codes referred to earlier and my statements from date of opening to date.
There are two things I notice.
1: The T&Cs state charges of £12. My early statements show the old level of charges of £20
2: There is PPI on my statements and the information they have sent re my CCA request has no mention of PPI or me asking for it.
I am going to fill a spreadsheet in soon to work out the amount of charges etc. they have levied to my account.
Any advice on what my next move should be?
The REAL Axis of evil: Banks, Credit Card Companies & Credit Reference Agencies.
I have been using CompoundSheet_v1.9.xls from this site and have 1 question and 1 problem
Question: I cannot see anywhere where I agreed to PPI so I am going to claim this back. Do I just enter it on to the spreadsheet along the LATE FEEs and the like?
Problem: On the Charges & Interest tab, on the right where you enter Interest Date, Interest Charged, Account Balance at Interest Date and Interest Free overdraft (I have entered 0.00 in this column), the Interest Paid on Penalties column is not populating with any values.
This is causing the s69 8% Interest tab and the C.Interest (Daily) tabs to have 0.00 in the columns where the interest on the interest I have paid on penalty charges should be calculated.
HELP! What am I doing wrong?
The REAL Axis of evil: Banks, Credit Card Companies & Credit Reference Agencies.