Capital One v Me

[asiddle]

Good Morning all,

 

So after my court victory with AK I was going to take on Hillesden next but this morning I received my S.A.R. from Capital One, although no CCA yet, so figured these would be the next ones to target.

 

So here are the facts:

Original Debt: £1100

Charges + 8% Interest: £613.43

PPI: 65.00

 

Already paid £550 so the balance is £600 although originally the £550 was full and final settlement. So my task now is at best to recover all the money and clear the account completely with the priority of removing the default.

 

Ok the charges are for overlimit fee and late payment. Can I reclaim PPI as I see from some other posts people have.

 

This is the letter I am proposing to send and would like any opinions and if you have any better letter that would also be appreciated.

 

Dear Sir/Madam

Account no:

Thankyou for your letter dated the 12 October where you replied to my Subject Access Request.

I am concerned to note that you have charged me for late payments, overlimit fees and PPI insurance. It has come to my attention that this is unlawful at common law, and under statute and recent consumer regulations.

 

In the terms of the contract which you agreed to at the time that I opened my account, it is implied that you will conduct yourselves in a manner which complies with UK law.

 

Unless you can prove that they merely cover your administrative costs, I require full repayment of these charges, which I calculate at £500 plus interest of £113.43 and PPI at £65.00. The total is £678.43.00.

 

I also ask you to remove any default notices on my credit record that are related to these charges. A correction or amendment to the entries is not acceptable.

If you do not comply fully within 14 days, I shall begin a claim against you for the full amount, plus interest and costs, plus I shall submit a complaint to the Information Commissioner.

 

Yours faithfully

[oneofakind]

Letter looks fine to me, but I don't think you're able to claim interest on charges until your claim goes to court, are you?

On the other hand, if you don't ask, you don't get!

 

[2Grumpy]

If they have charged interest on the charges as part of the account balance then why can't you ask for a refund of that interest without a court judgement?

 

Grumpy

[rory32]

You can ask for interest at the same rate as the card rate. With Cap One this is normally about 30% APR.

[asiddle]

Ok so have now had an update to my CCA request. Could you please give me your thoughts on this one. Many thanks to all

CO-CCA1.doc

CO-CCA2.doc

CO-CCA3.doc

CO-CCA4.doc

CO-CCA5.doc

[asiddle]

And more documents

CO-CCA6.doc

CO-CCA7.doc

CO-CCA8.doc

CO-CCA10.doc

Document (10).pdf

[oneofakind]

Your CCA3.doc clearly contains the terms:

 

'please issue me a Crap 1 credit card' and

'if my application is accepted....' amongst others.

 

It's clearly a pre-contractual application form, NOT an agreement, despite the title.

 

As for the rest? well blank templates, anonymous screenshots and undated t&c prove nothing.

 

[asiddle]

Hi oneofakind.

 

So have they complied with the cca request?

[asiddle]

bump

[rory32]

There are really two issues, the first is have they complied with your CCA request the second is have they sent you an enforceable agreement. The answer to the first is yes if they are happy to say that this is a copy of the agreement the answer to the second issue is no this is not an enforceable agreement.

[asiddle]

Rory32 many many thanks. And may I ask on what grounds this is an unenforcable agreement.

 

Thanks again

[42man]

From the brilliant Peter Bard

IS MY AGREEMENT ENFORCEABLE( Via section 127(3) CCA1974)

PRESCRIBED TERMS FOR THE PURPOSES OF SECTIONS 61(1)(0) AND 127(3) OF THE

CONSUMER CREDIT ACT 1974 Taken from sced.6(1983/1553) regulations

(If you just want to find out, skip the bits in between the stars it’s just some extra information)

 

**What do we mean by unenforceable?

In the Consumer Credit Act section 127 there is a provision for making an agreement unenforceable if it does not contain certain pieces of information.

Subsections 1,2,3,4 state which pieces of information these are, and everything mentioned there must be included within the body of the agreement, if one is missing the agreement is unenforceable.

 

How does unenforceable differ from enforceable with a court order only?

When an agreement is unenforceable it means that the court or the judge cannot make a ruling on it. The court cannot make it enforceable.

When an agreement is enforceable only by ruling of the court it means that the agreement can be stopped by the debtor but the court has the power to re-instate it and allow the credit to continue to enforce.**

 

The Pescribed Terms are these

 

A Amount of credit

A term stating the amount of credit

 

B Repayments

A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following-

(a) Number of repayments;

(b) Amount of repayments;

© Frequency and timing of repayments;

(d) Dates of repayments;

(e) The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable.

 

C Rate of interest

A term stating the rate of interest to be applied to the credit issued under the agreement

D Credit limit

This may be a term or the manner in which it will be determined or that there is no credit limit.

--------------------------

 

Which of these applies to you depends on the type of agreement you have?

 

For a Running Account (credit card) agreement

 

BC and D Apply

 

For a Restricted Use Debtor Creditor Supplier

• Where the dealer is the supplier and the creditor is the one providing the finance.
  
• The money can only be used for the purpose it is given.
  
• There is no interest on the purchase (the cash price is the same as the total price)
  
• And there is no advance payment

A is applicable

 

For a fixed Sum Credit Agreement

A conventional credit agreement with none of the above restrictions

 

A and B apply

 

For a Hire Agreement

 

B is Applicable

 

This paper only covers section 127(3) of the Act agreements can also be unenforceable by contravention of sections 1 and4 this will be the subject of the next paper.

Please note that these Prescribed terms where not changed in any way by the 2004/1482 Ammendments although the form in which they appear on the agreement was. Subsection127(3) was repealed on the 6th of April 2007 so that unenforceability due to 127(3) will only apply to agreemens executed before that date.

[asiddle]

Ok people here is the response to my charge return request and default removal. Could someone please give me a response to this taking into account all of the above as well. As always your help is much appreciated.

Charge1.pdf

Charge2.pdf

[asiddle]

I should also add if they have not complied with the CCA request then as of the 22nd they have commited a summary criminal offence.

[shane5408]

Hi,

 

This is a typical letter from Cap1, they always offer to reduce the difference from previous amount and £12 first, what you need to do is accept it as a partial settlement on the understanding you will pursue them for the remainder there is a template letter somewhere in the CAG library i think.

 

kind regards,

shane

 

 

 

______________________________________________

All advice is offered freely & without prejudice

 

If my post has been useful to you please click the scales

[tomterm8]

was the agreement made over the internet as they say?

 

Roughly what month and year was the agreement made?

[asiddle]

Yes it was applied for over the internet on 10/09/2003 and they sent out the document above CO-CCA3.doc. This was signed on the 04/09/2003

[asiddle]

bump