Hi keefy, i'm too are having a run around with crap1. They simply send out template letters and ignore any letters i send to them. Im in the same position as this thread and getting nowhere fast. http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/172543-just-recieved-signed-capital.html

Well to be honest they can send you a blank agreement but it makes no difference. If they do not hold a signed copy (from 1998 ) then they can't enforce it. I would send them the standard dispute letter if you wish to dispute it. Is the account up to date or is it defaulted etc?

if they havent got a signed agreement (as you never signed one)then you can dispute it as it is unenforceable.

the service charge is the interest payable under the account. They arent classed as penalty charges (like default charges / missed payment charges etc) and dont think you can claim that back.

When did you start / request the catalogue?

I think C Donnelly is just an kays employee who signs their agreements, nothing to worry about. Regarding bailiffs, without a court order they cannot and willnot turn up so dont worry about that either. Below is the standard dispute letter, edit to suit your own personal circumstance. You may not need it if CAB takes your case up. Account In Dispute Ref: Dear Sir/Madam Thank you for your letter of xx/xx/xx, the contents of which have been noted. You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account. On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference. You have failed to comply with my request, and as such the account entered default on **DATE**. The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account. Furthermore You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation. This limit has expired. As you are no doubt aware section 77(6) states: If the creditor fails to comply with Subsection (1) (a) He is not entitled , while the default continues, to enforce the agreement. Therefore this account has become unenforceable at law. As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested. Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS. Furthermore I shall counterclaim that any such action constitutes unlawful harassment. Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies. Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends. Should you not respond within 14 days I expect that this means you agree to remove all such data. Furthermore you should be aware that a creditor is not permitted to take ANY Action against an account whilst it remains in dispute. The lack of a credit agreement is a very clear dispute and as such the following applies. * You may not demand any payment on the account, nor am I obliged to offer any payment to you. * You may not add further interest or any charges to the account. * You may not pass the account to a third party. * You may not register any information in respect of the account with any credit reference agency. * You may not issue a default notice related to the account. I reserve the right to report your actions to any such regulatory authorities as I see fit. You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint. I would appreciate your due diligence in this matter. I look forward to hearing from you in writing. Yours faithfully PRINT NAME (DON'T SIGN)

As ida says, they no longer need your sig to enforce when taken out online.

This is standard with mail order companies. The process is similar to this:- you place a order/request a catalogue, they credit check and open account - in your case 02/01/07. They then send an agreement out and you sign and return - in your case 27/01/07. I think the cancellation notice period starts from the date you sign the agreement

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Im sorry romany, I am only trying to help. Can I still ask who dated the agreement http://i598.photobucket.com/albums/t...1968/2copy.png ? maybe an agent? At the end of the day, they have sent a signed agreement, you do not acknowledge that it is your signature (which is different). Is that your dispute? I am asking as you seem to be getting nowhere with them and you need to do something. From what I can see you haven't told them the acount is in dispute. If not send them the std dispute letter.

I know it cost £3.90 a month but I use BT's choose to refuse to block the numbers. It has been a godsend to be honest. If you can afford more try the true call unit recommended by cag here The Consumer Forums - Announcements in Forum : Debt Collection Industry

Hi georgie, Can you post a copy of the agreement using photobucket?

Hi georgie, might be an idea to start your own thread so you can get specific help. Maybe by posting a copy of the agreement they sent you with some brief details on whats happened up to now and when did you start the account etc

Hi keefy, what they have to provide in a cca request in a true copy not a true signed copy. They will require the signed copy if it goes to court so it is in there best interests to provide it but they do not have to provide a signed agreement under a s77/78 request. Have a read on this thread if you want to get a signed agreement. http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html however in romany's case they have supplied the signed copy so I was simply asking on what grounds was the dispute? Ps. http://i598.photobucket.com/albums/tt67/romany1968/2copy.png who wrote the date on that (12 - 01 - 04) under the signature?

Personally, i think the advice of a dca no matter how well intentioned has to be contradictory to the advise given on this site. A dca's goal is ultimately to receive payment (even by making empty threats of doorstep visits) where this site challenges the rights of the said dca to collect. I only have one question really, do you know who the 'dirty thirteen' are?

Hi romany, on what grounds are you disputing? They have complied with your cca request. They donot need to provide the original document. They only have to supply a true copy which doesnt even have to contain a signature but they did.

the extended terms item is under a seperate agreement because it has different prescribed terms. ie 100 weekly payments / 29 % apr compared to the original agreement which is 20 weekly payments and 0 % apr

Nationwide debt recovery are littlewoods in house dc. If the OH didnt sign an agreement then ask them for a copy of it

My account hasnt been passed to debitass in house dc yet. The calls I got were from cap1 call center in india

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Hi sunflower, I forgot to add that I got a reply to the letter i sent in post 312 http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/172543-just-recieved-signed-capital-16.html#post1953904 They completely ignored the question of whether the cca was a cut and shut and stated that they have supplied a cca and they will no longer correspond.

I started to get calls from their indian call center a couple of days ago. I refused to answer their security questions and they said they will keep ringing until i do. I told them they wont as i will be barring their calls immediately with bt's choose to refuse. They havent called since as I blocked their numbers

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