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  1. I do understand that i applied for the credit and i have been paying, but i thought the whole point oof the argument was that unless they have a signed credit agreement with all the prescribed terms on then it is unenforceable in a court of law. Obviously that is not the case so the only way forward for me now is to pursue PPI and hopefully the amount i get back will cover the amount i owe cap one and i can pay it off and close the account.
  2. What is a semperit judgement?
  3. I will send a SAR off to them to see how much ppi i have paid thanks for that. Im still confused as to why i don't have a case for cca whn all they have provided me with is an application form which contains none of the prescribed terms, is not a credit agreement ans is not signed by them. Has the law changed?
  4. Again thank you very much for taking the time to reply, The things they sent me were printed sheets with their t and c's on and the only thing they could send me as a credit agreement was my original application which as far as i can see contains none of the prescribed terms but then im no expert ofc. I have seen similar applications uploaded to this site though were people have said that it is not a credit aggrement. It even says at the top credit application. I will try and find some one who has a scanner so i can upload it for you. Is there a template letter for ppi?
  5. Thanks for the reply i have already claimed back my charges, i did have ppi on the account for a couple of years but i don't think it's worth claiming is it? So how come an application form counts? I thought that the terms had to be on there? And i also thought it had to be signed by me and them?
  6. Anyone able to help at all?
  7. Got my second response today from cap 1. They have basicaly said they have provided me with my current terms and conditions aswell as my reconstituted terms and conditions. They actualy supplied me with an application form and seperate printed terms. They go on to say they will be ceasing correspondence as they have complied with S78. They say i can go to the financial ombudsman within 6 months. So were do i go from here? I could really use some help.
  8. Well ive gone ahead and posted scotty's letter. The document they sent was an application and not a credit agreement nor did it contain any of the prescribed terms on that piece of paper.
  9. Hi all i have done the first part of this and have just this morning received my initial response to it. The letter says "i enclose a reconstituted copy of your original agreement. Although not required under S78, i have included as part of the reconstituted agreement a scanned copy of the signed signature page of your original agreement. The reconstituted agreement sets out the terms of your agreement and your name and adress when you entered into your agreement with capital one on the 18th of september 2001. I also enclose a copy of your current agreement; and a statement of account required under s78 which is set out at the end." It goes on to say... "By providing the information set out above we have complied with our obligation under s78 to provide you with a copy of your executed agreement. It was confirmed by the judgement of His Honor Judge Waksan QC in carvey v [HSBC] 2009 3417 (QB) that providing a reconstituted copy of your agreement is compliant with s78 and there is no requirement under the cca to provide you with a photocopy of the original signed agreement." And concludes by saying... "For the avoidance of doubt, the signature page provided is a scanned copy of the signature page of your original agreement only. Included on the reverse was an extract of the terms of your original agreement (including the prescribed terms) or the full terms of your agreement. Prior to signature you were provided with a full copy of the terms of your original agreement to keep and were sent a further copy of your original agreement with your first credit card." So were do i stand with this, i can't scan the signature page as i don't have a scanner but that sounds to me like they are saying they are going off the reconstituted agreement and not the original. Thanks all for reading.
  10. ok well thank you for your repsonses once she recieves her later ill have a read and post back here. I think she ought write a letter to them once she recieves theirs.
  11. They dissmissed her because she didnt self cert but she wasnt off long enough to need to self cert. She worked nights so i believe she served breakfast. Her cousin has read the employee handbook and she believes they have not followed the correct procedures. The crazy thing is she wanted to return to work because of someone writing down she had sickness and diarrhea they told her not to return untill she was cleared by her gp. She kept in contact daily informing them she was still waiting for results from the hospital but on her return the called her in and gave her an instant dissmissal. no previous action has ever been taken against her this is here first and only disciplinary.
  12. My sister inlaw has been sacked from her work unfortunatly she hasnt been there over a year yet. She was off sick and she called in to let them know they wrote down that she had diohrea and they told her she could not return to work untill she recieved results from a stool sample. She is still waiting for the results but she was called into work for a meeting wre they dissmissed her. What are her rights should she not have had a proper diciplinary procedure? Can they just sack her on the spot like that after all it was them that refused to let her return to work untill she had been cleared as she works in a residential home. Thank you.
  13. funny thing is though i tried my hardest to keep them in the loop yeah i didnt pay them but that was because i had no money! There were other companys i couldnt pay aswell and they were understanding told me not to worry and that these things happen and just to pay when i could. If e-on cut off my gas and electricity due to non payment would they still charge me for the months i was cut off? no Perhaps your right and theres nothing i can do but i will try my hardest i offered them the crappy phone i got on the £8.50 contract back they didnt want it.
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