Gov v capital bank

[govtepe1]

Hello

 

Today I recaived copy of my old credit agreement with capital bank. This account is a closed account. they sent me 9 pages of rubbish. but two pages took my atention .

I have few questions please help me

1) if an agreement is unenforcable can you still claim on closed account if its a yes .

 

first paper they sent to me says Hire purchase agreement regulated by the consumer credit act 1974 , it has my name adress how much I borrowed and how much I should pay and when and also the interest charged but at the bottom of the page there is no signature from me or the bank.

 

on the second paper where the signature box is , it says this is a hire purchase agreement regulated by the consumer credit act 1974.

on this paper it has my signature on the top and the lenders signature .but no other details ,on this papers no cancelation right given , does not have my name or adress or any of the prescribed terms . it has no total amount payable no interet nothing just my signature and details of insurance product , data protection act declaration.

 

 

which one of these papers would be the so called credit agreement

I bealive if its the second one then the contract was unenforcable .

 

another question is does the signature, total amount , interest charge , cancelation rights has to be all in one paper not other subsequent papers.

 

how can I go about challenging the company and what should I ask for knowing the account was closed few month ago.

 

all help will be apriciated THANK YOU ALL

[govtepe1]

I am planning to send the bellow letter to the bank

 

Re: my request under the Consumer Credit Act 1974

 

Thank you for your for sending me copy of the agreement I have requested for.

 

It would seem that you are of the belief that you have discharged your obligations under the Consumer Credit Act 1974 in particular section 78(1).

 

You have provided me a copy of an credit agreement and I feel it is my duty to draw your attention to some serious flaws in your comments.

 

Firstly, to comply with section 61 of the consumer credit act 1974 , a document must conform to regulations made under the provisions of section 60(1) Consumer Credit Act 1974 otherwise it cannot be properly executed

 

Now then, these regulations I refer to are the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553). These regulations set out the form and content of agreements. For an agreement to be compliant with the regulations it MUST embody within the agreement, the prescribed terms laid out in the SI1983/1553 without the prescribed terms the agreement does not conform to section 60(1) 1974 and therefore cannot be properly executed as described in section 61(1) CCA 1974.

 

For your information in case you are unsure. The prescribed terms referred to are contained in schedule 6 column 2 of the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) and are inter alia: - A term stating the credit limit or the manner in which it will be determined or that there is no credit limit, A term stating the rate of any interest on the credit to be provided under the agreement and 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.

 

Now nowhere on the so called This is a hire-purchase Agreement Regulated by the consumer credit act 1974 that you supplied is there any reference to these terms. I wish to remind you that the absence of these terms will render a document unenforceable in court and I also wish to point out that these terms MUST be contained within the agreement and NOT in a separate document headed terms and conditions or words to that effect

 

Since the document you have provided only has a signature box and signature box for your bank and no other prescribed terms on the document nor my details I cannot believe for one moment that these very important terms would be contained on the opposite side of the form, unless they are there for the postman to read while he delivers the mail. Therefore they must have been contained in a separate document, which is prohibited by the SI1983/1553, as there is no clear link to them within the signature document.

 

Therefore, you have failed to supply an enforceable document, which is correctly executed as to be so; it must conform to the Regs under s60 CCA1974

 

I am of the opinion that a court is precluded from enforcing this agreement by s127 (3) CCA1974 as it is improperly executed under s61 CCA 74, the consequences of improper execution are set out in section 65 CCA 1974 and s65 sets out that only a court can enforce an improperly executed agreement subject to certain qualifications, one of those is that the document is signed and contains all the prescribed terms. Now since this document does not contain all the prescribed terms s127 (3) CCA 1974 strictly prevents the court from enforcing this agreement.

 

If you cannot supply me with a document, which complies with the Consumer Credit Act 1974, and ALL of the Regulations made under the Act, I shall be forced to make a complaint to Trading Standards and I will also draw this to the attention of the Office of Fair Trading .

 

Although the fact this account is now closed I respectfully request you review this matter in light of my comments above and I request that you supply me the required information or alternatively confirm the fact that you are going to compensate me for my losses.

 

I also would like you to review my other account I had with your company and send me the credit agreement for that account also , I believe this account had also a credit agreement that was flaw.

 

I respectfully request a reply within 14 days of the date of this letter.

 

Yours Sincerely

[Guest Old_andrew2018]

bump

[Guest Old_andrew2018]

Hi govtepe1,

Thanks for clicking my scales, I expect your near the top of the list now

Andy

[govtepe1]

I still dont understand why u wrote bump lol it was very helpfull , cheeky

[Guest Old_andrew2018]

Because no one had replied and I didn't , Sorry Bump is the shorthand for

Bring

Up

My

Post

The result is it moves it to the top of the list, I am surprised that you had so few replies, although it does go quite at times on the forum.

Another way to gain advice, is to click on the red triangle this will open a dialogue box there you could leave a message for the site team.

I do this from time to time, and ask if they can direct a member with expertise to my thread.

 

andy

[govtepe1]

thank you so much , yeah I am getting no advice at all , I will try the triangle than you

[ukaviator]

Hi

 

A few questions.

 

The account was closed how long ago, and when did you open it?

 

Are there charges or mis sold insurance there you could claim back?

[govtepe1]

I had two account with this company fist one the above one was opened around 01/2006 and closed 09/2006 , second one was opened 09/2006 closed in 06/2007.

But one thing I would like to point out is I never had the copy of the agreement given to me in the first place. I did not know my rights at the time . I dont know if there was any PPI but what I do know is when I paid of the loan it was around the same price althought i paid all that time.

[maroondevo52]

Hi, Gov.

 

Are you trying to claim charges back from these accounts, when asking for a CCA, you are trying to find out if they can enforce the debt.

 

If there is no enforceable CCA then you are in a good position to offer a reduced 'full and final' amount to the Origional Creditor to get shot of the debt.

 

If they do come up with a enforcable agreement, you can then re-claim charges on the account, thus reducing the debt owed.

 

Regards the PPI, here's a SAR to send to the Origional Creditor.

 

http://www.consumeractiongroup.co.uk/forum/payment-protection-insurance-ppi/118145-r-subject-access-request.html

 

Regards.

 

Scott.

[gemspan]

Think the account has been paid in full Scott. As I understand it the OP is asking if you can claim on closed accounts if there is no CCA. As the account is closed I wouldnt imagine so because there is nothing left to pay. There was an argument about claiming interest back. However, if it was me I would tend to just be relieved that I had it all paid.

 

OP could ask for a breakdown of the loan and how they calculated the settlement figure. I've just done that today for Black Horse. If I think they have applied charges, etc., I will reclaim these back!!!

 

The thing about these types of loans is that they tend not to send you a final statement which they should by law. This would show you any interest rebate you had and if they had applied any charges for late paymnents. It would also show if you had PPI with the loan. You could claim that back if it was mis-sold. Because you dont know if you had it, and then you find out you did have it, I would think you would be in a good place!!!

 

Good luck

Gemspan

[maroondevo52]

Think the account has been paid in full Scott.

 

 

 

Thank you Mrs I'll away and crawl back into the corner

[govtepe1]

thank you thank you , I sent them the above letter lets see what they come back with , I will then do as you said and send them a letter asking forthe breackdown as you said, there reason I am persuing this matter is when I paid it off the amount was still same and I was never given a copy of the agreement at first.

and when I recaived the agreement after paying it was faulty , unenforcable. They charged me lots of interest I gues , it says on the other papaers that they charged me £800 , but I was told I wont be charged anything when paid of early. I will take the rute you posted Thank you

[govtepe1]

I heard nothing from Capital bank its being more than 14days since I sent the letter. I also reported them to Financial Leasing Department who is also investigating the matter, I will write to them tmr with a Subject acess Request.

[maroondevo52]

Sounds OK, keep us updated.

 

Regards.

 

Scott.

[Honey1932]

Could you please give me the address of Capital Bank plc to send for my loan agreement with them.

 

Many Thanks

[Guest Old_andrew2018]

Could you please give me the address of Capital Bank plc to send for my loan agreement with them.

 

Many Thanks

 

This is the one I used for an SAR,

 

Legal Compliance Specialist

Capital One Bank (Europe) PLC.

Trent House

Station street

Nottingham

NG2 3HX

 

Andy

[Chesterexpress]

This is the one I used for an S.A.R - (Subject Access Request),

 

Legal Compliance Specialist

Capital One Bank (Europe) PLC.

Trent House

Station street

Nottingham

NG2 3HX

 

Andy

 

The information you have provided is for Capital One, this has no connection whatsoever with Capital Bank. Capital Bank was part of Bank of Scotland, and if still in existence will most likely be part of the now HBOS.

[Guest Old_andrew2018]

Sorry Chester I cut and pasted the wrong one, however thought Honey was referring to GE Capital Bank

GE Capital Bank Ltd

6 Agar Street

London

WC2N 4HR.

 

So Honey1932 is it GE Capital whose address you need

 

Andy

[Honey1932]

Thank you both so much, I spotted the deliberate mistake, it is Capital Bank and their contact details are so confusing.

 

Honey

[govtepe1]

its being 1 month havent heard anything regarding the letter I sent.

[ukaviator]

Sorry about the adress confusion. I tend to hover around Capital One quite a bit.

 

Is this the first letter?... If it is, go to the next stage now, they have had long enough.

[govtepe1]

no this is the second letter but this account was closed therefore I cannot do anything , their original agreement was unenforcable , I asked them to pay me compensation and havent heard anything from them. I give up now