Just Recieved A Signed Capital One Agreement

[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!

[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.

[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:

[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 !

[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

[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

[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!

[sunflower99]

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....

Hi QAudreygreeneyes i was told that is should be signed to become enforceable

[sunflower99]

Hi QAudreygreeneyes i was told that is should be signed to become enforceable

lHi Audreygreeneyes ! but proably best to double check with an experienced CAGGER as if it was taken out in more recent years there may have been some changes in regulations

[sunflower99]

have you thought of blocking thier number? there is a service BT supply, there is a quarterly charge of I think 1.50 youcan enter up to 10 numbers.... might be worth a thought , that woudl at least stop the phone calls.....

 

Or the next time tell them it is harrassement and that you will take action against them if they make any further calls. there is a thread about somewhere on that very topic

If they get to bad i will!

[sunflower99]

i got another call from Debitarse and got them to put down phone on me second day in a row!:Dsame man as yesterday! i think!Kept telling him communication in writing again! He kept pretending he couldent understand me! LOL and then kept asking me why!He eventually slammed phone down i! Very rude that he did not say goodbye or have a nice day!

[sunflower99]

Hi Sunflower, looks as though you are becoming quite an experienced DCA, putter downer

 

Happy New Year

Hi CitazenB!

yes my OH says im getting quite good with DCA phonecalls!:Dit cheered him up and gave him a laugh!It is a great feeling being able to stand up to these DCAs on the phone now.Everytime the phone rings now i tell myself that it is my telephone! and i can choose who i do or do not talk to on it!and that i dont have to put up with their bullying harrsement insults or threats on my own phone and we dont pay for our telphone line to allow DCAs to do this to me or OH!its funny though but i never thought like that until i joined CAG!I used to be the sort of person much to polite to put phone down on an annoying telesales person!and used to be held captive for ages listening to their drivel!Dare i say it!but i quite missed my usual evening call from my Debitarse man on new years eve! as i was going to try for the challenge of making him put the phone on me a third time! and achieve a hat trick!Happy new year to you to Citasen B and thanks for all your help and advice! and hope we can countinue to give these DCAs a hard time in the new year!

[sunflower99]

Hi all, I'm following this thread with interest and have found a few points I may be able to use in my Cabot issues. I would just like to second Sunflowers thanks and good wishes to you all, your help and advice is so valuable to people like me, it makes me feel quite humble - thankyou!

 

Bobbysox

Hi Bobbysox!

I am delighed my thread has been a help to you!Thats what this forum is all about helping each other and pooling all our knowledge and experinces with our debt issues!:)so we can try and beat these greeedy banks together!best wishes to you too and i hope you have a sucessful new year winning against these horrible DCAs too

[sunflower99]

Hi CitasenB

I just received another letter from crapital one to my last letter saying that they still countine to insist that their CCA is fully enforceable and encouraging me to report them to the FOS.They said that they are dating their final response from end of OCT even though they had not then sent that signed application form for me to respond to they only sent that signed application form a very short while ago and a long time after their final response! but they are now dating final respose from end ofOct which i think is unfair as starting six month clock ticking well before they sent application form they are now trying to alledge is a CCA!as in spite of final response they sent that signed application form so really the six month time limit should start from when they sent that application form a short while ago not from when they sent me that other rubbish!This latest letter was in respnse to ZA short letter they advised me to write saying it was my final respnse and i still did not accept it was a enforceable CCA blah blah!and i would not be communicating with them about mattter again! but now i received another letter from Crap One!.I was given another letter on one of my other threads which i think is quite a good one to send crapital one but not sure now whether it is a good idea or not?as i have already sent a final response letter to crapital one!but now wondering if i ought to send one to Debitarse saying that though i have given a final respnse lettter to capital one but as they are a serperate in house collection dept fot Capital one i am sending letter in response to them as they are at moment taking over my account that i still countinue to put account in dispute and send this letter pointing out defects in CCA letter and actually asking them to give me a chance to inspect CCA! which i think is a good move!

Edited January 3, 2009 by sunflower99

[sunflower99]

Dear

 

Thank you for your letter dated 25 November 2008 and the attached documents in response to my Statutory Requests for true copies of the properly executed Regulated Consumer Credit Card Agreements in relation to both alleged Accounts. Unfortunately neither responses have produced any evidence that either of the Agreements are Enforceable.

 

Both of the alleged Agreements appear to be unenforceable for the following reasons:

 

1. Both documents are Application Forms and neither carry the correct title if they are to be considered suitable as becoming Agreements once properly executed. The missing Title being 'Credit Card Agreement Regulated by The Consumer Credit Act 1974.'

 

2. I am entitled to receive a true copy of the Agreements and such true copies must be easily legible. Neither agreement is a true copy, nor are they easily legible. Various parts of the copies are defaced and obscured by barcode stickers, random signatures. Both are also hard to read due to poor quality copying. Furthermore, one of your Signatures appears to be within the Debtor's Signature Box.

 

3. The Agreements must contain the prescribed terms within the four corners of the Agreement, neither agreement has the prescribed terms within the four corners and furthermore no where on the front is there any reference to terms and conditions being on the reverse.

 

You should be aware that a creditor is not permitted to take ANY

action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit including but not limited to Trading Standards, the Office of Fair Trading, the Information Commissioners Office, The Financial Ombudsman Service and my MP .

 

 

If you have the original of my alleged Agreements available I request that I be allowed to view them at your offices so I can verify them as the alleged documents that I signed.

 

I must also remind you that any court action you may choose to take would require you to produce the original of the alleged A[

i look foward to hearing from you within 7 days.

[sunflower99]

I think the above letter amended to suit would be a good one to send! and i like the extra issues it brings up such as incorrect headers and asking for arrnagement to be made to view the original!:Dand if they decline it will be another thing i can bring upm if they or another low life DCA attempts to taike any action against me!

[sunflower99]

Hi citasen B and others interested in this thread i hope my rambling posts make sense! I am not very good at short to the point posts!LOL A lot of my posts and letters turn into mini books!

[sunflower99]

Hi Sunflower - just sending you a hug! xx

Hi Sosumi!Thanks for hug! i send one back xxx:) Hope your new year will be a good one and that we can countinue to give grief to the DCAs!

[sunflower99]

Fingers crossed SF...

CapOne are operating from smaller offices this year... A good sign, I hope

Hi Sosumi!

We can but hope! Thanks again for your moral support!i do get a bit down this time of year at the best of times wondering what fresh horrors the new year will bring what with my husband not being well and being in debt and now this year a big battle with banks but at least now im on this forum i know now i can put up a fight against these greedy banks and will get loads of advice and moral support from you wonderful folk on here and what ever threats and things these DCAS attempt to do they will have a big fight on their hands:D and it is brilliant this forum put me in the know about this CCA thing and know realise that what MBNA and crapital one sent me could be pulled to pieces if there is any attempt to enforce these unenforceable CCAs!:grin:Sunflower xx