Cap 1 valid agreement???

[The GodMother]

erm erm

 

Non caompliance as they should have supplied the T&Cs relationg to when the account was opened not the current ones.

[maria28]

Thanks. This is the second time they have wrote back saying that they have complied.

[maria28]

Capital 1 will not play ball.

 

Can someone advise what my next step is please.

 

Is there a template letter on here for the next step? Is it Court action?

 

It's getting confusing now.

 

Thanks.

[paulwlton]

This is what i intend sending them, although they've not been in contact since they supplied me with my Ultra Short Application Form over six months ago.

 

Paul

 

 

 

 

 

I would try to get the account wiped clean although Crap One will try and insist that what they have sent you is enforceable.

 

To kick the process off you may wish to send them the following:

 

Dear Sirs,

 

Thank you for your response to my request under the Consumer Credit Act section 78.

 

I am pleased to see that you confirm this as a true copy of the original agreement executed by Yourselves on the (date).

 

As you must realise this agreement does not conform to sections 60(1) and 61(1) of the Consumer credit Act and is therefore unenforceable under section 127(3) of the same act.

 

As this is the case I will of course be making no further payments on this agreement, any further action on your part to enforce will be vigorously contested.

 

Please note you may also consider this letter 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 including any defaults. 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 fail to respond within 21 days, I will expect that this means you agree to remove all such data.

 

I shall also be considering further action to recover unlawfully applied interest and charges that have been levied on the “Agreement”.

 

NOTE: You won't actually be doing the last bit, you are just stating that you are considering it.

[maria28]

Thanks. I will get that sent off and see what they come back with.

[robcag]

Remember not to sign the letter

 

Rob

[ukaviator]

On their website under FAQ's it gives you the procedure once you have filled in the form. It says :

 

Do I need to sign a credit agreement?

 

Yes. After you've been accepted, we will send out two copies of the credit agreement to you. You need to read and sign the one with the yellow band at the bottom of the page, and send it back to us. The second is for you to keep.

 

They have broken their own procedures, on the steps they should take on completing their paperwork. More Ammo to use if you print out the FAQ's on their website.