Cap 1 valid agreement???

[Having_A_Knightmare]

As Car says totally unenforcable. Why do I not get ones like this:)

 

Fire them this letter of below alter to suit. It did the job for my friend:

 

Thank you for your letter dated 5th October 2007 where it was requested for specific details of the terms that are not included in the documentation.

When a debtor requests a credit agreement and all other documents referred to it, (original T&C) under section 78 of the Consumer Credit Act, the Creditor has 12 days to send a true copy to the debtor. If the creditor does not send the agreement in this time the account goes into default until such document is provided.

Section 61 of the act explains which information should be in the agreement. These are as follows:

Ø 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.

Ø Rate of interest

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

Ø Credit limit

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

 

None of the above or the original terms and conditions are on the document that was sent to me.

Therefore the account remains in default as under section 78(6). I would also like noted that as from the 3rd November 2007, failure to produce a valid agreement becomes a criminal offence that is reportable to Trading Standards.

Under section 127(3) this agreement is unenforceable and I would like noted the outcome of the Wilson & Anr v Hurstanger Ltd [2007] EWCA Civ 299 case below:

33. In my judgment the objective of Schedule 6 is to ensure that, as an inflexible condition of enforceability, certain basic minimum terms are included which the parties (with the benefit of legal advice if necessary) and/or the court can identify within the four corners of the agreement. Those minimum provisions combined with the requirement under section 61 single that all the terms should be in a single document, and backed up by the provisions of section 127 (3), ensure that these core terms are expressly set out in the agreement itself: they cannot be orally agreed; they cannot be found in another document; they cannot be implied; and above all they cannot be in the slightest mis-stated. As a matter of policy, the lender is denied any room for manoeuvre in respect of them. On the other hand, they are basic provisions, and the only question for the court is whether they are, on a true construction, included in the agreement. More detailed requirements, which are designed to ensure that the debtor is made aware, so far as possible, of specified information (including information contained in the minimum terms) are to be found in Schedule 1.

My request for a copy of the credit agreement is still outstanding and I will be making no more payments until you provide me with the agreement.

Good Luck

HAK

[Having_A_Knightmare]

Not seen that before Paul:

 

Ultra short Application Certificate:D

[Having_A_Knightmare]

Hi

Another letter if needed

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY.

I am writing regarding your letter dated xxxxxx2007

On the xxxxx2007 I requested as my right under the Consumer Credit act 1974 for a copy of my credit agreement and all other document relating to the account.

You replied by sending me a copy of my card application form. This form does not comply with section 60(1) of the said act therefore the account is default as Section 78(1) of the act.

I would like to remind you that you are now committing an offence under section 78(1) of the Consumer Credit Act 1974. In your letter you are threatening me with Court action and again this is an offence under section 78(6)(a) of the same act.

As you have committed a serious offence I am going to report you to my Trading Standard Department to start criminal proceedings against Capital One. I have also been advised by my local Magistrates Court that this offence carries up to a £2500 fine and a six months prison sentence to the director of the company.

Please also treat this letter as a formal complaint so I can pass the information on to the FOS.

Until my credit agreement arrives at my door I will be making no more payments as this is my right under the Consumer Credit Act 1974. Any threatening letters you send will be passed straight to Trading Standards for more evidence about the offence committed under section 78(6)(a) of the act.

[Having_A_Knightmare]

Hi

 

i would send the letter first and see what the responce is.

 

HAK