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Is this capital one cca inforcable?


fromsouth
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Hi all, i m knew here so please bear with me, I wrote to capitol one requesting a cca on the 15/07/08, they replied by sending a document headed ultra short application form 8039 signed and dated by me and with the aurthorised signiture undated.

 

A letter and seperate t a c s was also sent.

 

I m confused as to what i should do next,would appreciate your comments

 

regards

fromsouth

 

t & c doc.pdf

 

app. form_.pdf

 

letter doc.pdf

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Hiya fromsouth.

 

Welcome to CAG. :)

 

I have moved your your thread over to the debt forum, as you will get the help you need over here.

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The application form doesn't contain the prescribed terms and the T's & C's they sent with it is an up to date copy of an agreement.

 

As it stands its unenforceable.

 

Can you read the small print at the bottom and see if there are any references to information overleaf or something similar

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To me it looks like an application form, and doesn't appear to include the necessary terms on it. I would say it is not a CCA and would be unenforcable.

Beating the DCA's day by day

 

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Dont think they have done one yet:D:D:D:D

All comments are well meant but i am not legally qualified only CAG educated:D

 

 

In the slight chance i have been helpful please click the scales:)

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Looks unenforceable to me, but I'm no expert...

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Guest forgottenone

Think mostly everyone has had one of these on CAG. I know I have ... complete with the 'new and improved' T/Cs dated from July this year onwards. What they sent me was a mailer application. So there would have been no conditions on the reverse ... unless they wanted all and sundry to see them, of course; post man, neighbours, anyone handling it enroute.

 

 

Then there's the forgery issue aspect as well. That's another matter, though. ;)

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Guest forgottenone

Just noticed this, can you confirm? Reason asking is because ... of several application forms from Capone - including my own - have had discrepencies where the date is concerned ...

 

Unfortunately, I can't paste the part I want to refer to in here ... but ... unless I am wrong, there appears to be overwriting on the date section eg written over ... it's where the '7' is ... appears to be another number underneath ... can't tell if it's the scan resolution or not, or just something printed on the form before signing ...

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Guest forgottenone

Not seen one headed 'Ultra ... Form' but that's the same I got, same content, but a lot more details in small print on the bottom.

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The application form doesn't contain the prescribed terms and the T's & C's they sent with it is an up to date copy of an agreement.

 

As it stands its unenforceable.

 

Can you read the small print at the bottom and see if there are any references to information overleaf or something similar

 

 

...

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The application form doesn't contain the prescribed terms and the T's & C's they sent with it is an up to date copy of an agreement.

 

As it stands its unenforceable.

 

Can you read the small print at the bottom and see if there are any references to information overleaf or something similar

 

Hi

 

There is a reference to t & c s, but there is no reference to them being attached or overleaf.

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Just noticed this, can you confirm? Reason asking is because ... of several application forms from Capone - including my own - have had discrepencies where the date is concerned ...

 

Unfortunately, I can't paste the part I want to refer to in here ... but ... unless I am wrong, there appears to be overwriting on the date section eg written over ... it's where the '7' is ... appears to be another number underneath ... can't tell if it's the scan resolution or not, or just something printed on the form before signing ...

 

Hi

 

I think I made a mistake when signing the date.

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Not seen one headed 'Ultra ... Form' but that's the same I got, same content, but a lot more details in small print on the bottom.

 

Hi

 

What did you do about yours, was it uninforceable?

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  • 9 months later...

Can you tell me what happened with this? I have received the same thing except without a copy of the short application form. they have now placed default notice and I want to make sure that whatever I do next I do properly!

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Have you started your own thread? You might get more help that way. :)

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:p

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  • 1 month later...
The application form doesn't contain the prescribed terms and the T's & C's they sent with it is an up to date copy of an agreement.

 

As it stands its unenforceable.

 

Can you read the small print at the bottom and see if there are any references to information overleaf or something similar

 

 

even if it does refer to the terms overleaf (which i bet it won't) the terms they have sent you wouldn't have been the terms that the front would have referred to!

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even if it does refer to the terms overleaf (which i bet it won't) the terms they have sent you wouldn't have been the terms that the front would have referred to!

 

 

Probably not but a DJ would more than likely enforce it

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but if the creditor is asking the judge to rule that you are bound by these terms and conditions, based on the fact that you signed a contract in 200XX which contained a clause allowing the creditor to change those original terms and conditions, would you not be entitled to suggest to the judge that the creditor should be put to proof to show that you made that agreement?

 

or perhaps you could say to the judge

 

ok judge we are not playing by court rules today because i have a document here signed by the court saying that i can apply my rules today

 

( i think that the judge would very much like to see the document that you refer to!!)

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