Just Recieved A Signed Capital One Agreement

[The GodMother]

Thanks for the tickle/rep comment.

 

I can help but i will need to know who u are so i can look.

[sunflower99]

Hi Godmother!

Thanks for putting up your cca copy to compare.I am not a great expert on CCAs.The first thing i notice is that unless you took your crapital card out in 2008! set of ts and cs on 1A totally irrelvant and are current terms and conditions as they have 2008 printed on side so can be totally disregarded whatever drivel it says!.!B which crapital One allegede is on the side of your cancellation form but only on their say so! do not in my humble opinion contain the proper prescribed terms and conditionswhich make it enforceable there are no tables of precentages and time taken to pay loan or credit card off!and also as they appear to be part of set one as they precede set 1A!Set 1B have terms 1 to 11!Set 1A have terms 12 to 23 but both not applicable to original terms and conditons when yoou took card out as the page refers to May and july 2008!Also the only thing you got on display here is the cacellation form! no signed agreement! Is that all they sent you?set 2 also refer to July and Aug 2008! if that alll they sent you you got no worries with yours you lucky thing!

Edited December 13, 2008 by sunflower99

[sunflower99]

Hi godmother had to edit post as my brain not funtioning very well this early in morning!Hope last post makes, sense! LOL! Thanks for accepting frienship request and taking an interest in my threads! and giving me some moral support!

[The GodMother]

yeah i think they can try and pass them off as original.

 

Well they have no chance with me as i fight and fight hard.

[sunflower99]

I am sure that cca would not stand a chance in court as all conditions sare from 2008 and they only sent you a cancellation form

[sunflower99]

Hi i just wanted to clarify in what way that this table of percentages and other terms and conditions is unenforceable on the above quoted second page that capital one are trying to imply is overleaf of back page?should i need to point out all the concerns and shortcomeings about this CCA? Does The fact that that table of percentages and the other ts and cs on the above page appear not to have number of repayments over specfied times to clear various sums of borrowings on card?I just wanted to clarify all the defects in this supposed cca that i could point out should i need to point out this CCA is unenforceable?I know i can also throw question on it by questioning the absence of term 23 overleaf ! and the fact that there are application forms in existance on this forum that are exactly the same but have different middles!:rolleyes:but just wanted to pull the second page to pieces as well in establishing that even if it was overleaf it is totally unenforceable! Sorry to be a pain but still feel fairly new to this business and want to check i got all facts right and know what im talking about?Any opininon and input to answer this question would be greatly appreciated.

[Pinky69]

There is no need to go into detail. What you have received is an application form and a set of 2008 Terms and Conditions. They have not fulfilled your request for a true copy of the credit agreement as laid down by the Consumer Credit Act 1974 and the account is now in dispute - keep it simple. Ididn't reply to them at all and I haven't heard from them since.

[sunflower99]

There is no need to go into detail. What you have received is an application form and a set of 2008 Terms and Conditions. They have not fulfilled your request for a true copy of the credit agreement as laid down by the Consumer Credit Act 1974 and the account is now in dispute - keep it simple. Ididn't reply to them at all and I haven't heard from them since.

Hi Pinky

Thanks for advice! i know you are right that they have provided ts and cs which are more current and not the ones in force when card was taken out in 2003 i am sure!but crapital one have been careful in mine to leave out any year of issue! or give aways such at putting in the overlimit fees and overdraft fees! so iHow can i prove what year those terms were from as i can not see any give aways in that second page?Godmother was lucky in that they printed 2008 in hers! sorry to i am probably being thick as i am still very new tho this game! and tend to be a bit of a worrier! Also in your case did you report your dodgy CCA to another body such as TS Fos or oft?Crapital one gave their final response when they sent this! and most people on this thread said i should not bother contacting crapital one complaining this just an application form! so not sure what to do now?At least should anyone try to take things further with this CCA i can point out the fact that sec 23 is not overleaf and that it does not apply to use of information! and that the definite ploy of crapital one to insert faint lines on both pages implying they are fold lines linking both pages together is a bit strange if you get my drift! as the absense of term 23 makes it clear that those pages were never connected as well! hopefully enough to throw a lot of doubt on that application form which crapital one allegedes is a CCA!:grin:

[citizenB]

There is no need to go into detail. What you have received is an application form and a set of 2008 Terms and Conditions. They have not fulfilled your request for a true copy of the credit agreement as laid down by the Consumer Credit Act 1974 and the account is now in dispute - keep it simple. Ididn't reply to them at all and I haven't heard from them since.

 

 

Absolutely, sunflower, they should know where this document falls flat on it's face. They have a large legal department that could tell them:) There is nothing to link it to the front of the document and of course there are the other discrepancies. Let them work it out for themselves.

[sunflower99]

Absolutely, sunflower, they should know where this document falls flat on it's face. They have a large legal department that could tell them:) There is nothing to link it to the front of the document and of course there are the other discrepancies. Let them work it out for themselves.

Hi CitasenB!

Thanks for moral support! i just wanted to make sure i was clear on all the ways crapital has failed to fulfiil the request of a cca request in case things ever get taken further and i need to point out these defects in it to a judge!:grin:

[sunflower99]

Hi everyone helping me on this thread!i just received a letter from Dabitarse saying NOTICE OF IMMEDIATE ACTION and that they are planning immediate action against me which may include passing on or selling my account to an external Debt Collection Agency.Any advice how to respond to this latest threatogram would be apppreciated !

[sosumi]

Hi Sunflower,

I haven't caught up with your thread, but if it's any help...

THEY'RE SHOUTING AT YOU!!!

- in a not-very-cunningly-disguised way.

Read the letter again, and note the word 'may'. Everything that follows is a threat of a possibility.

It's head-monster tactics. They want to alarm you.

DON'T LET THEM!! xx

[sunflower99]

[sunflower99]

Hi Sunflower,

I haven't caught up with your thread, but if it's any help...

THEY'RE SHOUTING AT YOU!!!

- in a not-very-cunningly-disguised way.

Read the letter again, and note the word 'may'. Everything that follows is a threat of a possibility.

It's head-monster tactics. They want to alarm you.

DON'T LET THEM!! xx

Hi sosumiThanks for reassurance!:)xx

[sosumi]

Glad it helped Sunflower

I think that 'Debitas Legal Services' are 'threatening' you with Debt Collectors just about says it all. xx

[cashins]

If you take no action they may well scream 'til they're sick.

 

David

[The GodMother]

well i hope they can clear it up after themselves

[Desperate Daniella]

Hi,

 

I requested my CCA from CapOne on 11th November. They didn't reply but continued to send default notices and call me. When they asked for payment I said I was waiting for a copy of the CCA and the people I spoke to said I had been sent the agreement on 14th November - very speedy!!!!! - unbelievable I thought. Nothing arrived and on Wednesday I received a letter from Debitas like the one in post 63. I called and said that I was waiting for the CCA. I was told to go back to CapOne which I did, and got told the CCA had been sent on 14/11. I said they should send it again. On Thursday another Debitas call asking if I would like to make a small payment while I was waiting. Refused and again asked for CCA. This morning I received a sheet of a bad photocopy. No letter with it, just a comp slip. At the top it there is no address for CapOne - just their name/logo-style. It says Application Form and my name and address is underneath. Blank until halfway down the rest of the page until there is a box headed

 

Credit Card Account Agreement

Credit Agreement Regulated by the Consumer Credit Act 1974

 

This is my application asking to be issued with a CapOne credit card- no prescribed terms or anything like that. I think I will ignore it until they call again. I have seen on other threads that they are attempting to use other later Prescribed Terms/Terms and Conditions and pretend they were in existence at the time ?2002/3 and part of the agreement, but they haven't tried this with me. Maybe they are giving up on this because clearly a number of people on this site have caught them out and challenged the rubbish they are sending?

[ScabHunter]

Maybe they are giving up on this because clearly a number of people on this site have caught them out and challenged the rubbish they are sending?

 

We can only hope so.

 

At least in your case you've been sent clearly unenforceable rubbish, which ought to discourage them from sending anything else in the future.

 

They may have a hard job explaining why they sent you two application forms which you have signed on the same day, one of which just happens to have some Terms and Conditions from another year on the back, and a couple of strange lines in between the printing which doesn't match.

 

Hold on to that application form - you might need it one day.

 

SH

[sunflower99]

Maybe they are giving up on this because clearly a number of people on this site have caught them out and challenged the rubbish they are sending?

Hi Desperate Daniella and Scabhunter

Yes lets hope so! They must realise they are on a very sticky wicket trying to do things like that as if it turns out to be true that is verging on fraud i!At least if i get forced to take this to court or i decide to make a comlaint to TF OS or Fos i have some strange questionable things things that i can point out to a judge or these organisations and i know that people on this site will give me all the help to deal questioning this alleged CCA!

[sunflower99]

If you take no action they may well scream 'til they're sick.

 

David

Hi David and Godmother!

Thanks for giving me another laugh!I was feeling a bit low and depressed when i got up this morning but you lot as usual cheer me up and help me get my wories into perspective!Thanks for all your moral support and friendship.

[sunflower99]

Hi everyone

I just wanted to say a big thankyou to everyone who has subscibed to my Crapital one thread!and given me advice and moral support!I hope you all have a lovely christmas!:)xx

[Audreygreeneyes]

Silly here is a question for you, if they cannot provide a true signed copy of the original cca then the debt cannot be enforced!!! if there isno agreement?

 

they sent my mother a copy of ehr application form along witht he current terms and conditions. it has been passed over to the fsa and the oft....

[Desperate Daniella]

Hi Sunflower,

 

I hope you had a lovely Christmas too. Mine was certainly quiet on the 'phone front - no calls from Debitas, Mercers, etc. Apparently even they stop for Christmas:) I returned home today and found that Capone has sent me a copy of some of their current T&Cs on the back of a letter, telling me to look at the enclosed leaflet for "the rest of" my T&Cs. This letter comes from the Marketing Department. I wonder if the Legal Department are sending these silly replies from Marketing precisely because the Marketing people probably won't know anything about CCA 74. Has anyone who received a bodged-together apparent agreement ever replied to Capone asking that a person of authority who is aware of the penalties of falsifying documents should sign the document as a true copy (and if they go to Court they could be charged with perjury if it's not a true copy)? In other words, don't try and get someone from the typing pool, or even marketing, to put themselves on the line because they don't know what they are doing.

[sunflower99]

Hi Sunflower,

 

I hope you had a lovely Christmas too. Mine was certainly quiet on the 'phone front - no calls from Debitas, Mercers, etc. Apparently even they stop for Christmas:) I returned home today and found that Capone has sent me a copy of some of their current T&Cs on the back of a letter, telling me to look at the enclosed leaflet for "the rest of" my T&Cs. This letter comes from the Marketing Department. I wonder if the Legal Department are sending these silly replies from Marketing precisely because the Marketing people probably won't know anything about CCA 74. Has anyone who received a bodged-together apparent agreement ever replied to Capone asking that a person of authority who is aware of the penalties of falsifying documents should sign the document as a true copy (and if they go to Court they could be charged with perjury if it's not a true copy)? In other words, don't try and get someone from the typing pool, or even marketing, to put themselves on the line because they don't know what they are doing.

Hi desperate Daniella!

I had a lovely peaceful christmas too!Lovely to have a few days free from DCAs!phonecalls!I had a bit of fun with a Debitas DCA this evening! Just kept shouting in a robotic voice communication in writing please several times everytime he tired to say something! LOL until he gave up and put phone downIts the first time i got a DCA to put phone down on me first! Still not up to fuzzzy bobbles standard though,My OH says im getting quite good with DCA phonecalls now!Yes it is awful that these banks tampering with CCAS requests.One of these day they are going to get their come uppance! surely judges must be getting more aware of these tricks now!