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GARY1968

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Everything posted by GARY1968

  1. can any one confirm...still unsure.. the tsb address for statements related to loans+ppi+credit card statements is 1 address for sar request. I
  2. thanks for the conformation pmw i will send the letter off in the morning,im leaving a long paper trail with all my cards and im still yet to start my other threads, i have folders for each account allover the table and in between working i find myself struggling to catch up on each account-wow is that normal... i keep getting mental block
  3. thanks for that cardfight, dont know what went wrong there,but much appretiated, anyones thoughts on me on including the " paragraph-courts powers" if it might make a diffrence bearing in mind capquest havent sent me right of assignment and the copy application form is single sided, but as i received it from them this will give them the green light-to annoy me again because they think they have come up with the goods. hopefully they will go back to cap one with this-or should i send a copy to cap one aswell - I think ive just answered my own question..
  4. why has my text gone unreadable anyone???? i have just copied and pasted from word is that not good?? thanks gary
  5. Hi all thought it was about time I made a thread of my own on capital one, story so far: sent cca request 12th jan sent account in dispute letter2nd feb standard t&c cancelation notice received twice(as usual same as others-all we have to send-omited signature etc..) account in debitas hands(usual upteen phone calls)threat of court .bla,bla sar sent off 17th feb-cap one( still waiting) account in capquest hands(threaning court action -no deed of assignment) sent cpr 8th march to capquest regarding you and your client and complaining about not receiving a notice of assignment. capquest are putting the acc on hold for 28 days. march 20th received a application form-capquest??? This is what i have received can anyone with better knowledge just check im on the correct route and that this is a application form http://i407.photobucket.com/albums/pp160/gary68/capitaloneagreementedited.jpg My initial response would be to send the letter below although i have borrowed the red part from another thread,should i include ?? and can anyone help me to include a paste for the notice of assignment.. advice pleeeeese Capquest Debt Recovery Fleet 27 Rye Close Hampshire GU51 2QQ Your Ref; xxxxxx MY REF; ACCOUNT IN DISPUTE xxxxxxxxx xxx March Dear sir/madam Thank you for your response to my request under the Consumer Credit Act section 78. I am pleased to see that you confirm this as a true copy of the original agreement executed by yourselves on the 19.02.04. As you must realise this agreement does not conform to sections 60(1) and 61(1) of the Consumer Credit Act 1974 and would therefore only be enforceable by a court under s65. However, the absence of any prescribed terms means that a court would be prevented from enforcing it under s127(3). " The court's powers under section 127(1) are subject to significant qualification in two types of cases. The first type is where section 61(1)(a), regarding signing of agreements, is not complied with. In such cases the court 'shall not make' an enforcement order unless a document, whether or not in the prescribed form, containing all the prescribed terms, was signed by the debtor: section 127(3). Thus, signature of a document containing all the prescribed terms is an essential prerequisite to the court's power to make an enforcement order." Unless you can produce a copy of an executable agreement within 21 days I will consider that the above account is now closed and that you will not pursue the alleged debt. Should you fail to respond within 21 days, I will expect that this means you agree to remove all such data. Yours faithfully
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