Fennecfox
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Capital One and CCA-is it enforceable?
Fennecfox replied to Fennecfox's topic in Debt Collection Agencies
Please...I really could do with some more help with this. I do not know how to respond to the pressure from Capquest and I am still unclear as to whether the CCA is enforceable.- 32 replies
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Capital One and CCA-is it enforceable?
Fennecfox replied to Fennecfox's topic in Debt Collection Agencies
Does anyone else have any opinion about this? I am getting very stressed by the harassment by Capquest and I am really still not sure where to go from here?- 32 replies
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Capital One and CCA-is it enforceable?
Fennecfox replied to Fennecfox's topic in Debt Collection Agencies
Thank you for reply. I have never heard of a SAR ? So if I send this request they must produce original document and failure to do so means agreement is unenforceable?- 32 replies
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Capital One and CCA-is it enforceable?
Fennecfox replied to Fennecfox's topic in Debt Collection Agencies
Anyone...please? I could really do with some help here...- 32 replies
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Capital One and CCA-is it enforceable?
Fennecfox replied to Fennecfox's topic in Debt Collection Agencies
Gentle bump as requested...- 32 replies
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Capital One and CCA-is it enforceable?
Fennecfox replied to Fennecfox's topic in Debt Collection Agencies
Will do, many thanks!- 32 replies
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Capital One and CCA-is it enforceable?
Fennecfox replied to Fennecfox's topic in Debt Collection Agencies
Thank you for your responses. I am still unsure as to where to go from here. I today received a very unpleasant letter from Capquest threatening that legal action will start if I do not respond to said letter by 2nd November, so they have obviously been passed the debt again by Capital One. They also rang at 8,02 this morning and left message on my answerphone-I screen all calls. So should I write back to Capital One disputing enforceability of the documents they have sent me, similar to Halibutt's first letter above??- 32 replies
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Capital One and CCA-is it enforceable?
Fennecfox replied to Fennecfox's topic in Debt Collection Agencies
Yes I was wondering whether an "application" could be deemed to be an agreement. What action have you taken, if any?- 32 replies
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Capital One and CCA-is it enforceable?
Fennecfox replied to Fennecfox's topic in Debt Collection Agencies
Very many thanks for doing the link! Capital One have sent me two sets of "Terms and Conditions"; one which they claim to have been those in force at time of agreement and one which currently applies. Page 5 of scanned documents show the first page of the former and has my name typed in to first sentence. There is a section detailing right to cancel within the terms and conditions.- 32 replies
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Capital One and CCA-is it enforceable?
Fennecfox replied to Fennecfox's topic in Debt Collection Agencies
Is anyone able to take a look at the documents on Flikr for me-or post a link so others can see? I really need some advice on this please! Or can anyone advise how else we can scan the documents in so they are large enough to see?- 32 replies
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Capital One and CCA-is it enforceable?
Fennecfox replied to Fennecfox's topic in Debt Collection Agencies
Have now again put up the edited documents on Flikr under name Babbedyboo but as i said can't link to them as prevented by site.- 32 replies
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Capital One and CCA-is it enforceable?
Fennecfox replied to Fennecfox's topic in Debt Collection Agencies
Thank you-have taken that down for now to re-edit it. It is such a long time ago, but it would appear that the card in question was a Platinum replacement for an original Capital One card. The form they have sent seems to be a copy of the application to replace the original card with a Platinum card.- 32 replies
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Capital One and CCA-is it enforceable?
Fennecfox replied to Fennecfox's topic in Debt Collection Agencies
Cartaphilus-we have put them on flikr under the name Babbedyboo but this site won't let me post link to them... The Application was in fact dated 1998.- 32 replies
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Capital One and CCA-is it enforceable?
Fennecfox replied to Fennecfox's topic in Debt Collection Agencies
I can't post the images (or links to them) as I don't have a sufficient post count.Can some kind soul volunteer to post them if I PM them to them?- 32 replies
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Capital One and CCA-is it enforceable?
Fennecfox replied to Fennecfox's topic in Debt Collection Agencies
I realise these are not legible-have tried to link to flikr but wont let me as I have made too few posts apparently. Will try and find another way...- 32 replies
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Capital One and CCA-is it enforceable?
Fennecfox replied to Fennecfox's topic in Debt Collection Agencies
I have scanned the stuff they have sent me...there is one more page to upload. There also pages of terms and conditions but only first page- which I have scanned- has my name on it.- 32 replies
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Capital One and CCA-is it enforceable?
Fennecfox replied to Fennecfox's topic in Debt Collection Agencies
Many thanks-I will put them up shortly then...- 32 replies
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A few months ago, Capital One served me with a default notice and passed my debt with them to Capquest. I have been paying token payments on this and several other debts since becoming unable to work 10 years ago after suffering a serious form of cancer. They had started demanding to see copies of my bank statements etc and it was when I refused to do this, having submitted the usual statement of expenses, that they issued the default notice. I requested a copy of the CCA from Capquest, who passed it to Capital One. They have now sent me what they say is a "reconstituted copy" and a rather threatening letter advising me that the document is valid and the debt must be paid. I wondered if someone would kindly look at the documents if I scanned them in with (personal details removed)? I have no idea as to whether the agreement is enforceable!
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