Jump to content


Capital One card debt (CCA)


lexis200
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4932 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi

 

I've been on a payment plan with Cap1 (among others) for over 18 months now. I've just had a letter from them telling me my plan is coming to an end (which I've had twice before as they reviewed 6 monthly), but this one is a bit different.

 

I've done my own payment plan for all my creditors, but now they're saying 'the type of plan you are on is no longer available'???? They are giving me the option of a short term repayment (6months to clear it or less), or long term (in which case it carries on for as long as I need, but they'll raise a default against me).

 

Now they've tried to say they have to see proof of any benefits, statements, wages slips if employed, and something else that I can't remember. I know they don't have any right to ask for this, and I'll tell them that when I reply. What I'm not sure of though, is on the I/E form they've asked for hubbies income. I don't see how this is applicable as we deal with things separately, and they're my debts not his.

 

Can they demand his details? Not that he actually has any income, but it's the principal of it. If anything, including his details will be worse for them!

 

I'm also going to CCA them, as if they haven't got anything of worth there I want to try and stop the default before it gets onto my credit record. I have no option but the 'long term' plan they're offering, but I'd rather not be penalised for it!

 

Thanks

 

lexis

Time flies like an arrow...

Fruit flies like a banana.

Link to post
Share on other sites

  • Replies 161
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

  • 3 weeks later...

Hi

 

I received the following in response to my CCA request last month.

 

According to the covering letter, despite being on a payment plan I need to pay them about 2.5k by today (I got the letter yesterday:rolleyes:).

 

I know the stuff they've sent is unenforceable as it stands, but is it compliant according to the Act, as I think the prescribed terms are on there?

 

If anyone could give me a shove on how to respond I'd really appreciate it!

 

Thanks for any help...

 

Lexis:)

 

cap1.jpg - Image - Photobucket - Video and Image Hosting

cap2.jpg - Image - Photobucket - Video and Image Hosting

cap3.jpg - Image - Photobucket - Video and Image Hosting

Time flies like an arrow...

Fruit flies like a banana.

Link to post
Share on other sites

Hi Lexis.

 

I'm at work at present but from what I can see, that doesn't look enforceable. I will have a closer look when I get home.

 

Hang in there.

 

deedee

My threads

deedee1310 v Abbey, deedee1310 v Capital One, deedee1310 v Halifax Plc, CapQuest CCJ, deedee1310 v Littlewoods & deedee1310 v Smile

If I have been of help in even the smallest way, please click the star and "add to my reputation" :p

Link to post
Share on other sites

Hi Jogs

 

I think it was early 2004 (I'd have to check my statements), and I don't remember the form looking like that!

 

This is definitely a new agreement (£12 charges), and they actually state that they are current terms relating to the account, so they're not even attempting to cover that up:rolleyes:

 

Do you have any idea what they're like at keeping agreements? It just always seems odd to me when banks don't send the originals (well, the copy of it anyway) straight away - surely that would be the best thing for them to do??

 

Cheers

 

Lexis:)

Time flies like an arrow...

Fruit flies like a banana.

Link to post
Share on other sites

Hi Lexis,

 

I have never seen an 'enforceable' CCA from Capital One.

 

Although I am aware that Crapbot have won a few cases as the judge has had no idea about consumer law.

 

They have sent what you have requested in your original letter to them and need to send the 'If you think thats a CCA, take me to Court letter'

 

My PC crashed and I don't have it to hand, will have a look around.

 

Jogs

Link to post
Share on other sites

Just an update

 

About to send a 'thanks for the pointless empty current application, now please can I see my real one' letter.

 

If that doesn't get me anywhere, I think I'll try S.A.R - (Subject Access Request)'ing them for it (not that I really want to spend the tenner doing that, as I don't have much at all in the way of charges. Yet:rolleyes:

Time flies like an arrow...

Fruit flies like a banana.

Link to post
Share on other sites

Hi Lexis.

 

Sorry for the delay in reply. I had a flurry of activity with my own Capital One case. :(

 

Your agreement is not enforcable. Please see here for more detail http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/105315-my-agreement-enforceable-useful.html

 

I hope CCA 1974 also governs your agreement as you took out the card in 1999.

 

I hope this helps.

 

deedee

My threads

deedee1310 v Abbey, deedee1310 v Capital One, deedee1310 v Halifax Plc, CapQuest CCJ, deedee1310 v Littlewoods & deedee1310 v Smile

If I have been of help in even the smallest way, please click the star and "add to my reputation" :p

Link to post
Share on other sites

Thanks for that deedee

 

I was going to get off a letter asking to see an actual copy a few days ago, but personal circumstances have overridden that so it's on hold for a minute.

 

As they don't appear to be doing anything much at the moment regarding my payment plan (ie it's still going), I think I'll hold fire for a minute then get a letter off when we're a bit calmer at home - I'm not sure I could cope with another bank being an a**e at the moment!

 

The trouble is, I think at the moment they've pretty much complied with the request, even though it's not enforceable as it stands, so I don't want to kick off with them just yet as I'm sure that'll be trotted out the moment I mention anything's wrong.

 

Btw, you said 'I hope CCA 1974 also governs your agreement as you took out the card in 1999'. Is there something I've missed in my reading? I thought that everything was covered up until last year when it changed - or do I need to go reading up on something else too:confused:

 

Thanks again

 

Lexis:)

Time flies like an arrow...

Fruit flies like a banana.

Link to post
Share on other sites

Hi Lexis.

 

I just re-read your post and saw that you said that you took out your card in 2004. I think I was confused with the application form on your photobucket that showed 1999.

 

Please ignore that line. I wasn't trying to confuse you. :-)

 

deedee

My threads

deedee1310 v Abbey, deedee1310 v Capital One, deedee1310 v Halifax Plc, CapQuest CCJ, deedee1310 v Littlewoods & deedee1310 v Smile

If I have been of help in even the smallest way, please click the star and "add to my reputation" :p

Link to post
Share on other sites

  • 3 weeks later...

I decided to let this hang for a bit as I didn't want to kick off with them, and didn't know what to put in the letter (meant to search but didn't have the time), but I've had a Default notice through the post and obviously if I can halt that I'd like to.

 

How should I proceed with this?

 

As far as I can see, what they've sent satisfies the remit for the CCA, but is completely unenforceable. If that's correct, does anyone have a good letter I can use to let them know (nothing I have quite fits, and I don't know how to word it properly for the best effect).

 

The Default was sent on the 23rd Oct, giving me 28 days to remedy (I know I've left it late - we've had a lot of personal issues that have overtaken recently). It was sent as they've changed the way their payment plans work, so they've taken me off the one I was on and put me on a 'long term plan', which apparently involves them defaulting me.

 

Is there any way I can use the current lack of an enforceable agreement to stop this for the time being (even though I think it satisfies the CCA request), or are they likely to carry on regardless?

 

Thanks

 

Lexis:)

Time flies like an arrow...

Fruit flies like a banana.

Link to post
Share on other sites

Hi Lexis,

 

As it stands the so called agreement in your first post is nothing more than current terms and conditions. I am pretty certain that it doesnt comply with the CCA request. At the very least t&cs from the period of the account's inception should have been sent.

 

I am not sure what Capital One are up to.. they can default you at any time they like, it doesnt need a change of payment plan or an act of god for them to do that. :-?

 

I suspect that now they have sent the default notice that is that, they wont take it back or remove any default they add to a CRA report. I wonder if their next move will be to pass the account on to a DCA. I simply dont know, I am sorry.

 

If you havent advised them that the document they sent you in the first post, isnt what you requested.. then I guess now is the time to do that. Are you paying them ?

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

Hi CB

 

I thought it complied as it has the prescribed terms on it etc, and is just missing my details (which they're allowed to do?)

 

I suppose it may be possible to have the default removed if it turns out they have nothing...

 

Would you suggest just sending the standard 'not what I asked for' letter then? If so I can knock that up in a few minutes:D

 

I am still paying a small amount, but only because I was a) unsure about the compliance aspect and b)coz of all the personal stuff going on, I didn't want another fight just yet! However, as they've started with this default stuff I may as well now - it's not like they can default me again:rolleyes: Well they might try, but they'll be very naughty bunnies if they do!

Time flies like an arrow...

Fruit flies like a banana.

Link to post
Share on other sites

I hope someone with more experience comes along and gives their opinion for you. I cant see any prescribed terms... ??.

 

The t&cs are current and do not bear your signature, or even a signature box.

 

Yes, I would send the standard.. not what I asked for letter. See what they come up with. Dont forget to head up your letter Account in Dispute. :)

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

Hi again CB

 

As far as I can see, the prescribed terms are the top three bits of info on the left (it's hard to see on the scan). They show Credit Limit, Monthly Payments and APR. There is a place for a signature on the right, but it looks to me like it relates to PPI, not the agreement.

 

It definitely is a current set of terms on there though - £12 charges and a different interest rate to the one I had.

 

I'm going to just go ahead and send the letter - after all, even if it does have the prescribed terms on it, it's still meant to be an identical (although not necessarily signed etc) copy to the one I would have signed in '04. This is plainly a later version, so I'm happy enough to play letter tennis for a while over that.

 

I've also just noticed the bit at the bottom of the page with the small print on it 'This document sets out the current terms of your agreement with us. This document includes information under the headlines 'APR...which do not necessarily reflect your current terms but were the case at the time your account was set up'. This isn't right, as the APR quoted is completely wrong.

 

The really odd thing though is that it seems to be a mis-match of an agreement - on one side they talk about transactions prior to and after May 2005, but on the other side they have £12 charges and 'we will send your card and pin'. Very strange.

 

I'm not going to obsess over it any more though. I'll get the letter out tomorrow (with a big red Formal Complaint, Account in Dispute header:)), then it's done!

  • Haha 1

Time flies like an arrow...

Fruit flies like a banana.

Link to post
Share on other sites

Feel free to watch - I'm sending out the letter tomorrow, so I'll keep this updated with any response:)

 

They can send out an unsigned, essentially blank copy and it can still comply with the Act, but it must be a true copy of what you would have signed at the time, not a copy of a current agreement. But, just because it's a true copy doesn't make it enforceable - for that to happen they need to be able to supply you with a document that bears your signature, and the prescribed terms within the signature page, or if on more than one page the pages must be linkable in some way (ie ref. nos etc) - otherwise it could be your signature with any old terms slapped on the back.

 

It's all very confusing, which is why I've been umming and ahhing about doing anything, but now I'm going ahead anyway. If you have a look at the link in post 8 you should find quite a lot of info there to help you.

 

Lexis

  • Haha 1

Time flies like an arrow...

Fruit flies like a banana.

Link to post
Share on other sites

Ok, letter done and ready to go. I did amend the normal one slightly as I do think the terms are on there, however it still falls short on the signature box, being current rather than applying at the time of the account inception, and obviously being blank.

 

For what it's worth, I did include that while it's unenforceable they can't apply defaults etc, but I doubt it'll do anything. No harm in chancing my arm though!

 

Keep your fingers crossed for me

 

 

ps - thank you for the click SB100:):)

Time flies like an arrow...

Fruit flies like a banana.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...