Just Recieved A Signed Capital One Agreement

[sunflower99]

Hi Proliant,

 

That is almost the same as they sent me, but my signature box has less stuff in it. I can't read it all, but is there any reference to their address in your signature box -or anywhere else on that piece of paper? - there isn't in mine.

 

Yours is only the second one I have seen like this. Everyone else was getting T & Cs which were apparently on the back of their original agreements, and you just wouldn't believe it - all the copies had creases in exactly the same place!!! Must be the folding machine

 

I have now written three letters - one to capone and two debitas pointing out this is not a credit agreement, and spoken to countless idiots from the call centre too. Not certain what I am going to do next.

 

DD

Hi Desperate Daniella!

going by other peoples crap one experiences! It seems a complete waste of time speaking to their call centre staff!They do not know anything apart from reading from a script.The only other thing you could do is do what Version is thinking of doing and ask to speak to Ellie?:eek:it seems that all you can do is just send out the letters pointing out that you consider account in dispute and asking to see original so that if it gets taken further you can tell all the DCAs or court when and if it goes that far that you have put account in dispute have doubts about their alleged CCA and that you can tell judge if it goes that far you have taken reasonable steps to view original to save court time!if it does go that far!

[Desperate Daniella]

Hi Sunflower,

 

I am just mystified why Proliant and I just got the top of the form and the signature box. Clearly they were sending out these dodgy 'backs' of the agreement to you and so many other people, and maybe they are now realizing people are catching on and so they have decided this is a bit risky. They could get CAUGHT As soon as you or anyone else can actually get there to see your agreement and the prescribed terms aren't actually on the back they have been caught.

 

I do think if anyone actually gets an appointment with Ellie they must take a digital camera and take a photo - you know, a nice one with both people smiling for the camera.

 

My last long letter quoted the Act, the Regulations, and the fact that while it is in dispute they can't charge interest, sell it on, and must stop demanding payment, and maybe they could pass this on to their call centre staff who should start actually learning about the CCA 1974.

 

Needless to say I expect the next letter in about a fortnight.

 

DD

[cashins]

I am just mystified why Proliant and I just got the top of the form and the signature box.

 

As far as I am aware they have been doing that on and off for some time.

 

They are fully aware that most of their older agreements are junk but I think the idea is to cast doubt and that they might have a goer.

 

Doesn't really comply with Sec 77/78 but their view is obviously, "What are you going to do about anyway".

 

David

[Pinky69]

And our view is " I'm not paying you a penney unless you send me a true copy of a credit agreement - so what are YOU going to do about that!":D

[sunflower99]

And our view is " I'm not paying you a penney unless you send me a true copy of a credit agreement - so what are YOU going to do about that!":D

well said!:D:D:D

[sunflower99]

ooooh! ive just noticed ive been promoted to being a platinum customer!LOL I did not realise ive posted that much on here!

[version302003]

Hi all, thought i would let you know that I havent recieved a reply from ellie reckshawcredit (apart from closing my access to the online part), tho its only been a week.

 

Grats on plat sunflower

[Gazza112]

Hi Version

 

You won't here anything from Ellie Reckshaw, as she's on vacation with the Bonuses she received lol.

 

Gaz

[Desperate Daniella]

Absolutely, Pinky69.

 

Maybe Ellie has decided to take a ski-ing holiday? She could afford a nice one on all her bonuses. That is full of exciting possibilities, but I won't mention them here in case I get cagbooted!!!!

 

Congratulations on your platinum, Sunflower.

 

DD

[version302003]

hi i forgot I had a letter adding another £12 charge on sat. I was going to reply with the std "you cant as its in dispute" but thought I would have some fun instead. heres my reply off in post 2moro.

 

Dear Sir/Madam

 

Thank you for your letter dated 3/2/9. (copy enclosed).

 

It is unfortunate for you that this account is in dispute and therefore your letter is irrelevant and against the guidelines of the OFT on debt collection, not that capitalone have ever taken any notice.

 

I am still awaiting a reply to my letter dated 2/2/9.

 

This is my final response on this matter.

 

I am not in a position to enclose my complaints procedure as I do not entertain to complaints, similar to yourselves.

Unfortunately you cannot complain to the Financial ombudsman service either as I am not apart of their service.

 

As always I will only communicate in writing, attempting to phone will automatically enter your number into my exclusive "BT choose to refuse" list where a place is always available for such prestigeous creditor.

 

Yours faithfully

 

[Pinky69]

Just my point of view but I feel it's not a good idea to be flippant in matters that might, for whatever reason, end in litigation. A judge wouldn't see it as particularly funny and it's best to stick to enforcing your legal rights when dealing with DCAs or banks in letters.

[version302003]

hi pinky69, you are right. I shouldnt really and wouldnt advocate anyone else doing it. I was trying to make a point that if they can get away with anything I could get away with being sarcastic. Even if they take and win in court they will still lose as I have 0 assets. My total belongings consist of 1 computer worth 100quid, a phone worth a fiver and my clothes. If you seen the state of them then many would say they are worth nothing . Thats it ! and i can never see it changing. Ive been a carer day and night since as long as I can remember and they wont get me down as i have better things to think about. Sorry for rambling and talking on sunflowers thread my applogies.

[Desperate Daniella]

Hi Version,

 

Our Sunflower is a sweetie, so I know she won't mind at all

 

DD

[keelclose]

Hello

 

 

Just recieved a requested cca from capital one, what they have sent is

 

the capital one reply card were i entered to my info etc to appy for card

 

there is a section at bottom saying this is a credit agreement, sign if you want to be bound etc

which i did sign as this was a reply card.

 

what is my next move.

 

 

thanks

[the_shadow]

Hello

 

 

Just recieved a requested cca from capital one, what they have sent is

 

the capital one reply card were i entered to my info etc to appy for card

 

there is a section at bottom saying this is a credit agreement, sign if you want to be bound etc

which i did sign as this was a reply card.

 

what is my next move.

 

 

thanks

 

Start a new thread and scan and post up the document ensuring any personal info is blanked out. Photobucket seems to be the preferred storage vehicle for CCA responses

 

Someone will then see it and comment

[beachcomber60]

Can you delete/blank out your personal details and post it on the forum, if its any thing like mine, Sunflowers and many many others its normal capone rubbish.

[keelclose]

ok will do...many thanks

[keelclose]

http://i574.photobucket.com/albums/ss184/discodaddy_2009/CCI000061.jpg

 

ok here we go

 

thanks

[sunflower99]

hi pinky69, you are right. I shouldnt really and wouldnt advocate anyone else doing it. I was trying to make a point that if they can get away with anything I could get away with being sarcastic. Even if they take and win in court they will still lose as I have 0 assets. My total belongings consist of 1 computer worth 100quid, a phone worth a fiver and my clothes. If you seen the state of them then many would say they are worth nothing . Thats it ! and i can never see it changing. Ive been a carer day and night since as long as I can remember and they wont get me down as i have better things to think about. Sorry for rambling and talking on sunflowers thread my applogies.

Hi Version!

Please dont worry and please keep posting on my thread!! I love your posts and sense of humour!I think it is so important to keep a snse of humour in this fight against these rotten DCAs! Oh dear i just said rotten ! Hope i dont get cagbooted again! Please Dont stop! your humerous posts!They cheer cheer me up ! and keep our morale up! :)Luv from sunflowerx

Edited February 9, 2009 by sunflower99

[The GodMother]

keel close

 

I am very happy to tell you that from what i can see it is unenforcable but can u post up the bottom part on its own as i cant read that.

[sunflower99]

http://i574.photobucket.com/albums/ss184/discodaddy_2009/CCI000061.jpg

 

ok here we go

 

thanks

I cant see any prescribed terms on it which makes it hopeful it is not enforceable!,I take it they did not send anything else just this form?

[sunflower99]

I cant see any prescribed terms on it which makes it hopeful it is not enforceable!,I take it they did not send anything else just this form?

and it is a pre 2006 alleged CCA! so the prescribed terms have to be on same page either on same side or overleaf.

[sunflower99]

ACCOUNT IN DISPUTE

Dear Sir / Madam

 

Account No: $$$$$$$$$$$$$$$$$$

 

Thank you for your letter of 10 April 2008.

 

The information that you supplied however does not comply with a legal request for a true, signed copy of my Consumer Credit Agreement under the Consumer Credit Act, 1974.

 

To date, all that you have supplied is an Application Form with most of the data apparently missing; there are no terms and conditions and as it stands this document is legally unenforceable.

 

What I Require:

 

I require that you send me a true copy of the executed agreement as required by the Consumer Credit Act 1974. If you are unable to supply the requested documentation because no such agreement exists then I require written confirmation of this.

 

I require that you comply with my request within 7 days of the date of this letter.

 

I will not correspond any further with you until I receive a copy of the requested documents as laid down in section 78(1) CCA 74.

 

I am advised that should you persist in pursuing this alleged debt ignoring the above information you will be in breach of the Administration of Justice Act 1970 section 40.

 

I would appreciate your due diligence in this matter and I look forward to hearing from you in writing.

If you do not understand any of the contents of this letter you should consult a qualified solicitor

 

Yours faithfully

[sunflower99]

Hi Keelclose!

you could send Crapital One the letter in my above post! as next move!

[keelclose]

ok many thanks to all

this was all that was recieved along with capquest telling me to pay

will send off

 

thanks