Laura, just called in to see how you were doing. I see Dotty is looking after you as well as me ;-)

This is what I've got so far.... It's rough, and I'm happy to receive comments.... Quote... Thank you for eventually sending the information requested. I am concerned, however, by the sudden ‘appearance’ of what you declare to be a true copy of the credit agreement, when on several previous occasions, you have failed to provide such. I am wondering whether the terms and conditions, that now appear on the reverse of the copy credit agreement (or application form) are indeed a ‘true copy’. I would therefore like to send a representative to your offices to inspect the original document. Please let me know when this would be convenient. Regardless of the above, the supposed credit agreement is not complete, indeed the Consumer Credit Act includes in its definition of ‘prescribed terms’ that a credit card agreement must include the credit limit – this is sadly lacking on the ‘agreement’ you have provided. To this end, it is my belief that this agreement is definitely unenforceable, and in that regard, any charges and interest added to the account are unlawful! (is that correct to say?) Further, despite my writing on several occasions that the account is in dispute, you have continued to add charges and interest. You will see from the enclosed schedule the total of these charges and interest is £..... It is only right and proper that this amount be deducted from the balance on the account. Once I receive written confirmation that these charges have been withdrawn, the balance of the account will be paid in full, and you must inform the relevant credit agencies of such. I look forward to your timely response, in order that this situation can be brought to a satisfactory conclusion as quickly as possible. end quote..... now, another question. i've looked at the spreadsheets, both links (bank and credit card) appear to go to the same spreadsheet (unless I've missed something), is that correct? Also, I've read somewhere, and unfortunately I've read so much that I don't know where, that if I use 8% interest, the CC company will know I've not got a clue, and I will definitely fail. So, do we use the interest rate the CC company is using? Should this appear on my statements?? How do I change the spreadsheet calculation to reflect this? Sorry, if I'm asking too many questions, but I'm very eager to get this dealt with asap and am hoping that by offering to pay the reduced balance in full, Cap1 will respond a little quicker in an effort to getting their hand on my money! Now, I may take Dotty's previous advice, and pour myself a large one! OK, since posting this, I've read more threads. I think i'm right in saying that I can only claim penalty charges - well, this amount to a whopping £40 (ignoring the recent penalty charges). So, perhaps that's not going to help much. I'm re-thinking my stance. How credible would it be to point out to Cap1 that as the agreement ISN'T enforceable, they would be better negotiating with me for a reduced settlement? Althought I've got to convince them to admit it. I've got in mind 50% of the debt. Apologies to any moral people reading, but I simply cannot afford to pay the full balance any longer, circumstances change and all that. Any suggestions?

Thank you Gez, I wasn't sure if that was the case or not, but.... I'm drafting a letter as we speak, I think I shall point out my concerns over the sudden appearance of an agreement with T&C's anyway, and then go on to point out about the lack of a credit limit. They've also increased the credit limit from time to time, without request, and I've a vague feeling that I've read somewhere this is also against the rules. I shall look through the templates, and pick the appropriate pieces (hopefully) and post the letter once completed, before posting it off. I appreciate your help. Many thanks.

Would appreciate your help Gez. But I'm confused, if the agreement IS executed correctly (even without a credit limit) how do I have the right to claim back any charges? I'm assuming you mean through the term of the account. I believe I've got a good case to argue for the charges they've added in the last 6 months, as I've been in regular contact with them, and wrote putting the account in dispute on more than one occasion as they weren't playing ball in sending information. But I don't understand why I can claim back previous charges. Can you enlighten me? Forgot to say, default notice issued in March, I believe, although I'm not sure whether it's been terminated.

It's partly illegible because of being a copy, when you photocopy something, it's distorted by a small percentage, hence copy after copy of copy, something becomes illegible. But have they got an original, that's the 64,000$ question I guess. :-S

Hmmm, being reading some more cap one threads (blimey, there's a lot, lol) and am beginning to think there's more than a possibility of what I've received under the guise of a CCA, is the application form, copied with T&C's on the back, to make it appear that it complies. I guess there's no way of proving or disproving this, except a visit to their offices? Has anyone actually done this? And if so, what was the outcome? Apart from that, I'm going to go through what I can with a fine tooth comb (although much is illegible [too small] which also gives me concerns). Other than that, has anyone out there any other opinions on what has been sent to me? Many thanks

Thanks for the link Dotty, I shall read through it later. Where's all the experts when you need them? lol

I'm at a total loss Dotty, I'm sitting here in despair really. I find it hard to believe that they have suddenly produced a signature document with the T&C's on the reverse, when previously they haven't managed to do this, but there again, maybe they see their delays as a way of adding late payment charges to the account while people sit and wait. I suspect many people will at this point, just pay up. Trying to find the actual details of threads against Cap1, with all the info, rather than just a short post saying 'won, xyz amount against Cap1. Somewhere I've got the list of what an agreement needs to have to make it fully enforceable, but haven't found it yet. I honestly, simply, do not know what to do or how to do it Maybe I should take up drinking ;-)

I occasionally like a black russian or vodka and tonic, but right now I'm enjoying a nice cup of tea!! Am trying to find the enthusiam to go through the success threads - again. To try and find a glimmer of hope ............

there was no PPI

Thanks Dotty, but if that agreement IS correct, then surely I don't have the right to claim anything? I don't know I've been looking through the details of the statements, and it's hard to believe how the balance has mounted, so much of it just on day-to-day living when my OH lost his job. Now I just don't know how I'm going to pay it, unless I can find something they've definitely done wrong, AND get them to see that. I guess I could have a 'swift one' (or even two or three) but I don't actually drink much, one of the pitfalls (or advantage depending on which way you look at it) or running a pub, is there's simply too much choice and if I can't make up my mind what to have, I settle for a coke. :-|

I'm feeling very despondent at the moment, is there any point in my trying to claim anything back? Do I now have any right to argue with them? Although I strongly feel that the penalty charges and interest added since first delving into this issue could by argued, but that doesn't amount to much. One thing is bothering me greatly is why didn't they just produce this supposed agreement in the first place; As it's a photocopy, in my mind, there's still a possibility (albeit small) that the T&C's that now appear on the reverse side of the signature page are different or something. Am I clutching at straws, or is that a real possibility?

Hi Dotty I believe it was 0% on balance transfers (not sure if there was a time limit on that though) and initially we did transfer a balance. (I'll check with husband when he finishes working). Although Cap1 being Carp1, whenever a payment was made, it was 'taken' as reducing the 0% balance, as opposed to anything new (that's actually incredibly difficult to explain, lol). Likewise, in desperate times, we once used it for cash (which attracted a higher interest), and despite paying back the cash amount pretty much immediately, surprise surprise, the payment was taken as reducing the lower interest bearing amount. They've provided a breakdown of each statement, but not copies of the actual statements. The breakdowns do not give details of what amounts are attracting interest at the relevant rates.

and now for the credit agreement they've supplied, which appears to be the same as previously supplied, although with a reverse page of T&C's So, now I'm at a loss as to whether this 'agreement' is actually correctly executed. One thing I'm really very unhappy about is that despite my being in correspondence with them for approximately 6 months now, trying to get this information, etc, and disputing the account, they have continued to add interest and charges for non-payment. I suspect that particular point would be reasonably easy to fight. Any further opinions/advice would be very gratefully received.

Ok, Don't really know where to start, and obviously there's simply too much to post here. So I shall post what I think is necessary.... Firstly the letter,

Bundle of information received this morning, I shall be posting the relevant parts later today - watch this space, lol. No doubt I shall be needing more advice and guidance

Still waiting for info....

thanks Snorkerz - i believe this agent uses TDS; well at least my deposit is protected - unlike my Mum's; her landlord still hasn't protected hers 15 months after taking out the tenancy.

That's very true Planner, but I'm planning on staying in this property for some considerable time, it would be nice if my £750 had an equivalent value when I did eventually get it back. Can't have everything I guess.

Letter received from 'The Freds' (I quite like that term), confirming they have referred the matter to their clients and have subsequently put my account on hold - something positive at last. Now I just have to get the information I need from Cap1, who informed us when ID was confirmed on the telephone (which personally, I think is carp, I could still be anyone) would now be sent. Hmmmmm, I wonder.....

OK. Thank you for your quick response.

Thanks Aequitus - by saying it's neither correct nor incorrect, am I right in thinking there's no legislation stating what should happen, but it's not unusual for the agent to take the interest?

Just a quick question. I'm about to sign for a tenancy on a cottage, and in the agreement it states that any interest that accrues on the bond belong to the 'agent' (I'm assuming the letting agent). Is this correct? I was under the impression that the interest was also repaid to the tenant at the end of the tenancy? Thanks in advance for your answers.

Had a further letter from Carp1 today about a signature. I just didn't see the point in playing letter tennis any longer, they've had the signature, etc. So we took the chance and phoned to confirm ID, expecting them to try and discuss the account. Surprise surprise, they just accepted the confirmation of ID without any further attempts to discuss the account and have said the information will now be posted. I guess I shall just wait and see.

Sorry Dotty, I use the term 'signed for' as there are several options for sending which involve getting a signature and tracking. As far as I'm aware, recorded delivery is the cheapest.