Capital One CCA -can someone check for me???

[veryweary]

Can anyone help? Received this application from from Cap One which they say in the accompanying letter is a copy of my executed agreement.

 

It has some prescribed terms at the side of the page. However they are terms for a Platinum Card account which I never had. In the small print it does say that they may issue a different type of account which is what they did in my case.

 

Does the fact that the terms for the account they gave me aren't on the form I signed make it unenforceable??. Now that I think on it, I never knew what rate of interest they were charging me. Or am I the first person to receive an application form from Cap 1 which is enforceable??

 

My first attempt to load from photobucket so hope it works

 

Any help would be greatly appreciated.

Edited October 19, 2008 by veryweary
7 attempts to get this loaded correctly!!

[foolishgirl]

Hi V. Weary

 

I don't see any prescribed terms at the side of the page as required by the CCA1974 - all I see is a piece of paper very clearly headed 'Application Form' although the writing is pretty small in the copy.

 

If this is all they sent you, it certainly does not make it an enforceable CCA & I suggest you write & tell them so.

[creditcardmug]

I cant see any prescribed terms either, i cant read the small print, but it should give the frequency of payments, the apr,the dates for payment etc. i dont think they are on there.

[Pinky69]

This is purely and simply an application form - there are no prescribed terms of any kind, for a Platinum account or otherwise. It is not enforceable you can tell them to stop pursuing you for payment until such times as they send you a true copy of the agreement.

[detectall]

Hi VW,

Seems they are attemting to dupe you (see my post). Was there anything on the reverse of the application form?

[veryweary]

Many thanks. It's not that clear on the photobucket copy, but the black bit on the right hand side says that the Capital One Platinum Card offers you, credit limit of up to £25000, 9.9% fixed APR, and no transfer fee, so that was what I had been wondering about.

 

There wasn't anything else sent which was supposed to be the back of the application form. Only other thing I got was terms and conditions for 2008.

 

However it's great to know that like everyone else my agreement is unenforceable:grin::grin:.

 

thanks to everyone who replied, your help is immensely appreciated by us all.

[the main man]

Usual Cap1 Application form

 

One question, what year was the card taken out?

[Having_A_Knightmare]

Totally unenforcable and a possbile microfish copy.

 

Nothing to worry about.

 

HAK

[veryweary]

Usual Cap1 Application form

 

One question, what year was the card taken out?

 

Thanks for the reassurances. It was taken out in 1999.

[confusedmum]

If someone could take a look at what i've recieved and give me some advice i would greatly appreciate it

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/160033-capital-one-default-notice.html

 

Thanks

CM x