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TadThomas

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  1. Has anybody read anything about anyone getting their Capital One agreement actually declared unenforceable at court and how they did it? I really want to get these credit file entries removed, and I don't think I'll be able to do this without a judge declaring them unenforceable, or without using case histories to convince Cabot/Capital One to get it done. CPR says that I can't formally request any documents from the 'other side' (creditors), but a judge can order they provide it if I apply to the court. I don't know if this would have to be during the 'allocation' stage, or if I can get them to supply it informally, or by some other means? Now that my approach is to dispute the debt, and to get the credit file entries removed - do I have to start conversing with both Capital One - on the file entry, and Cabot on the debt (now that Cabot seem to own the debt)?
  2. Hi Ida, I sent that response to them on the 5th June. I altered the template and accidentally mentioned the CPR in the letter heading, as I thought that I'd also requested info under CPR, but haven't. They responded with: http://i719.photobucket.com/albums/ww200/runmonkey/CabotResponse180609.jpg That is the situation regarding Account 1, to 28th June. ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ For Account 2, I've sent this, which mentions the confusion between the documents: http://i719.photobucket.com/albums/ww200/runmonkey/CapOne41240609Page1Blank.jpg http://i719.photobucket.com/albums/ww200/runmonkey/CapOne41240609Page2Blank.jpg That's the situation with Account 2 to 28th June. Phew! :oops:
  3. ***ALTERED POST*** Well, for both accounts I used the CCA1974 template, from here. For Account 1 I used a slightly moulded version of your template at #4, above. It mentions the CPR, because I confused it with Account 2 stuff for a minute. The letter I sent to Cap1 in relation to Account 1: (http://i719.photobucket.com/albums/ww200/runmonkey/Cabot050609.jpg) They responded with: http://i719.photobucket.com/albums/ww200/runmonkey/CabotResponse180609.jpg In addition: they haven't responded to a request under CPR (Civil Procedure Rules) prolly coz I forgot to make one formally. I just loosely mentioned it in the letter heading, above. (I honestly thought I'd done it separately. DUH!) Ah well, it may be worth me just sending a Subject Access Request (Data Protection Act) for this now. Just so there's no confusion about what information they actually hold. But, I'll wait til you respond, just to get a second opinion, first. I just can't trust myself. Thanks.
  4. ***ALTERED POST*** This post is concerned with Account 1 held with CABOT (now). These were sent to Cap1 (Credit Solutions) in relation to Account 2: http://i719.photobucket.com/albums/ww200/runmonkey/CapOne41240609Page1Blank.jpg http://i719.photobucket.com/albums/ww200/runmonkey/CapOne41240609Page2Blank.jpg It is relevant to this post, as it concerns a mix up with the agreements between the two accounts. Capital One now know that I have noticed their confusion, and that they've sent the wrong copy application forms out to me and to the company who now own Account 1 - CABOT, and the company who now collect for Capital One for Account 2 - Credit Solutions.
  5. Hi. Well, I've just received this through the post. http://i719.photobucket.com/albums/ww200/runmonkey/LatestAgreementfromCreditSolutionsB.jpg To clarify this, I have two accounts with Capital One. I'll call them Account 1 and Account 2. Account 1 has £1200 outstanding and Account 2 has £500. Both are credit cards. Account 1 has been bought by Cabot. Account 2 is being collected by Credit Solutions. I made a CCA1974 request for Account 1, and Cabot sent me an illegible copy of the agreement, so I wrote back and asked for a clearer copy. (The copy of the agreement is linked at #4 above along with my response) Today I receive the application form for Account 1, but from Credit Solutions (Account 2). Obviously, Credit Solutions retrieved the wrong form from Capital One, without realising that it has the wrong account number on it. And, therefore, so has Cabot sent me the wrong application form. Also, Credit Solutions didn't send any of the other information that they are required to do, even though I didn't request it from them. This seems like a perfect time to NOT tell them about it, I think. One of the forms is illegible, and perhaps they think I wouldn't have noticed the wrong account number at the top of the page. How devious! What a bunch of goons! So, I'd only like to know - are these application forms 'properly executed': as they do refer to a document separate to the application form? CCA1974 says that you can refer to a separate document. Also, what would you do now, in this situation? Any ideas? After all, the aim has to be to get them to back down completely, and stop registering things on credit files.
  6. Well, here's the response I received to that last letter. It's quite confusing to me. I have read somewhere on here that the terms and conditions should be contained within 'the four corners' of the document? It also refers to the Consumer Credit (Agreement) Regulations 1983, which, she claims, negates any argument regarding the form and content? Could someone help me formulate a response, please? They keep saying that the signature form doesn't have to include all the Terms and Conditions, so long as the form refers to another. They have also refused to comment on the fact that the copy was illegible (so they may well have a legible copy and my copy was just bad). Also, I am finding that the banks are using CCA 1974 against me, when requesting a signed copy. So, I have requested things under Civil Procedures. Can anyone suggest a sure fire way of requesting this document, as using CCA 1974 seems pretty messy and wastes time? Thanks a lot. I've attached my letter to CABOT, and their response. http://i719.photobucket.com/albums/ww200/runmonkey/Cabot050609.jpg http://i719.photobucket.com/albums/ww200/runmonkey/Cabot050609Page2.jpg Response: http://i719.photobucket.com/albums/ww200/runmonkey/CabotResponse180609.jpg
  7. Thanks Ida. Yes, they are separate sheets of paper. One of which seems to have no date attached to it, but a '2003' written in the corner, which is later than the signature date. I'll send your letter off and see what happens. Thanks again.
  8. How you going with that timescale of torture?
  9. Hi I'm not sure if this response is sufficient, or not. The tiny 'credit card account agreement' typing at the bottom of the page is almost illegible, and was accompanied by a poorly copied standard, unsigned, description of a credit agreement. Is this thing that I have signed an actual agreement, as it's headed 'Easy Application Form'? Capital One sold the debt to CABOT in January. I made the request for this information on the 27th April, they acknowledged receipt of the request on the 29th. They wrote to me twice to delay the response (CABOT couldn't retrieve the information from Capital One sooner) and finally sent a full statement of my account and the attached two pages, on 28th May - almost a month later. I was 63 (Aug 02) when they allowed me this card: unemployed, and then retired at 65 (Jan 04), soon after they increased the limit of the card from £200 to £600 in June 2004 and £1200 in March of 2005, at which time I was 66 and had no way of repaying it. But, yes, I used it. I was allowed to increase the limit to £1200, even though the account was already over it's limit at the time (by £64). I now have an arrangement to pay them £2 per month, but from seeing the state of the agreement, I wonder if I could find a way to challenge it. They are threatening to take this to court, but they'll never get more than £2 per month. Any ideas would be most appreciated. I hope these attachments work: http://i719.photobucket.com/albums/ww200/runmonkey/CapitalOne5634AcctAgreement.jpg http://i719.photobucket.com/albums/ww200/runmonkey/CapitalOne5634AcctAgreement2.jpg
  10. Aw, well done. Like everyone else, I can put my hand up to how hard it is to get through the first few days. Just wanted to add something. I've given up many times. I smoke, socially. I found it very difficult to give up the first time - used Zyban (which drove me cuckoo). Then used the patches (by buying the larger ones and cutting them into smaller and smaller pieces). Now I use chewing gums for a few days. I smoke for about 2 or 3 weeks each year, on average, at most. Giving up gets easier and easier. I don't tell myself I can't, I just tell myself I can when I really want to, and not when the nicotine tells me to, but I face the consequences of the withdrawals. Which I agree are not very nice. I'm not telling you this to encourage you, or anyone else to see smoking in the same way that I do. I mean, IF anyone 'fails' and has to give up again, it does get easier. All of the methods have worked for me, but I use chewing gums now, and it takes me 3/4 days to get my head straight and not feel addicted. (I'm on my third day now :grin:) Perhaps, the 'neurosis' of giving up is most part of the struggle. I've disassociated cravings from cigarettes, and more about a physical addiction to nicotine that can be treated in different ways. I don't even think about cigarettes when I give up for a few days.
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