Dilemma concerning CA

[Jimmystix]

Hello everyone I have come to a crossroads concerning my CA with CAp1.

Over a year ago I went down the CCA route but at the same time also did the SAR. I never received a reply about the CCA but did eventually get one through the SAR.

Apart from statements etc I got the first applaication form

 

 

A few weeks after I got a letter stating they had forgotten an important document which was the application form again. Might I add I was still paying the monthly payments as I could afford it.

[Jimmystix]

Nothing much happened after that. I told Cap1 that the application form is a pre agreement and unless the reverse of the application form could be found then it is unenforcable. I also stated even if they could find the reverse it is still a pre agreement.

I was still making payments and again nothing. So then I decided to stop making payments to see if things would move on and they did. Surprisingly,.

 

They need time to look intot he account , A harrassment letter was also sent to stop the phones calls.

Then I received this lot

[Jimmystix]

Last 3.

Sorry if I posted stuff wrong I don't usually do pictures.

Anyhow the supposed CA looked legit and I thought oh well time to carry on paying. Although I did wonder if the 5 pages were really on the back of the application form and why was it already personalised with the name and address. Most application forms through the post have jsut the name and adress on the first page.

When going through it I noticed the late payment charges on the last page £15.

I thought I will look through my statements, I received through the SAR because I have from time to time paid late. It was then I noticed several, around 6, late payment charges of £20.

So my dilemma is this.

Does the different charges from what is quoted on the FAKE CA make a difference.

Do I tell Cap1 about their mistake or will it make them create another one.

I had offerd a goodwill gesture of around 60% of the account. I came to that figure due to what I had paid since asking for my CA, the payment protection I had paid and what I owed. Do I now withdraw this as I had made the offer in the hope things could be settled quickly. However now I am annoyed because I almost fell for this supposed CA and without checking the SAR statements would now be paying again.

The only signature they have is on that application form, can an application form be enforced?

Thanks in advance to anyone who offers any type of advice or support and again sorry if I have messed up the forum with my scans.

[Craigbadger]

Hi there

Think you need to upload the scans on Image hosting, free photo sharing & video sharing at Photobucket or like as they are too small.

However without being able to read it that agreement doesnt look much cop but cant be too sure without seeing it larger.

[Jimmystix]

Application form The letter I received off Cap1 which was expected especially the reconstituted bit, although I will not be taking them to court so it's just a diverter. Then the supposed CA, whether it is off the back of application form or not the late payment charges do not match with my SAR statements. As I previously mentioned I am not sure which road to go down. I am not that bothered about telling Cap 1 about the late payment fee being wrong as I firmly belive they have just made the CA up and would have no problem making another one up. I think I will ask for a copy of the reverse of the application form in it's original format, as the only signature they have is on that application form so any terms have to be with that document. I hit preview and it looks terrible but hopefully legible so I shall leave it. Again thanks in advance to anyone, you may be able to help.

[Craigbadger]

Imo the originals(application) unenforceable. No key terms.

The agreement is reconstituted, its the top scan thats the 1 that matters.

Well I think you know the answer if they are sending out wonky reconstructions for cca requests.

Dont think they will be going near court with that cack.

ps have you reclaimed the ppi and charges?, might be a less messy way. You can add contractual interest which really bumps things up.

 

You may be better posting on the dca forum for these sort of threads though. You'll get some nice templates and better educated answers but for now rest easy.

[Jimmystix]

Almost a year and on my third DCA.

Fredrickons came and went

Capquest came and went

Now CSL they are sending someone nest week although I shall show them back down the path, while sending the doorstep visit letter.

A question am I being unreasonable.

After checking the SAR, the amount owed was £4700. I saw that PPI was included even though I already had a third party PPI that covered all my cards. Initially I wanted my PPI back.

I made around 8 payments of £150. I stopped because basically I was getting nowhere, it was then CapOne wanted to play.

The PPI payments aswell as the £25 late payment fees came to around £1200.

I offerd a FFS of 60 monthly payments at £50 and it was refused.

The account ended up at around £6500 with the charges and added interest.

I would still gladly pay the 60 payments but now it looks poor offer as the amount increased.

Anyhow what answers you may say. I must add that anyone that has had the ' we are paying you a visit' do not worry.

If you do end up in court and have to pay, the court will only make you pay what you can afford.

 

Was my offer unreasonable?