Just Recieved A Signed Capital One Agreement

[sunflower99]

Also Crap One cannot rely on just microfilm if that is all they have.They have to have original!:Di saw this quote on a thread _Quite often ,credit card companies in particular do not appear to keep copies of the executed agreeements but rely on the 1983 regulations allowing them to reconstruct the agreement .If a case based on such an agreement comes to Court the defence should point out strongly the requirement of the Civil Procedure Rules (CPR) Paragraph 7.3 of Practice Direction 16 says

Quote-

7.3 Where a claim is based upon a written agreement

(1) a copy of the contract or documents consiituting the agreement should be attached to or served with the particulars of claim and the original (s) should be available at the hearing

 

Another Practice Direction says that a copy of the contract document does not need to be attached if the claim is made via MCOL.However the requirement to produce the original in court is still valid

[sunflower99]

Sunflower, I think your T&C's are exactly the same as mine - probably photocopied at the same time

 

Can't add the link at the moment but my thread is capital one cca

 

Beachy

Hi Beachy!

Yes ! LOl i wouldent be surprised! probably were copied at same time! Shame these documents dont come up all that clearwhen copied onto forum! It looks like i am going be doing a bit of typing! Just hope i can get that table of percentages in allright.I was going to do it tonight but think i will fast lose the will to live if i take another look at that dratted crapital one bog roll agreement anymore tonight! :eek:and i feel tired out!I am going to turn in and have another go at looking at it and typing it out tommorrow It is great that Pelham is going to look at my alleged agreement as i would never have though of looking at percentages and working them out!

[sunflower99]

Yeap, going to be very interested in that myself, have to admit I've never looked at those tables.

 

My tc's is identical to OH's - probably photocopied hundreds in one go, although they say different, both our copies have the same photocopy roller marks on them (two black marks top centre).

 

Beachy

HI Beachy!and other people interested in this thread!, Only thing i found of concern was that Pelham said that some judges bent over backwards to enforce incorrectly executed and fudged up aggreements even when some banks clearly trying it on but surely as our alleged CCAs are before 2006 those laws i quoted in earlier post should be protection for us as court have limitations imposed on them in enforceing pre 2006 ad agreements as quoted in one of my above posts and also the fact that you can use CPR rule quoted in my other above post to make sure they are obliged to bring original to court! plus as has been said on several threads a debtor can use the CPR31.16 rule to require bank to show them original! If they ignore our requests to make arrangements to view originals through both informal or formal CPR 31.16 requests it is their look out and can be brought to the attention of court and judge that DCA has failed to comply and surely a fair judge who applies the law correctly would insist that the correct original aggreement is shown and it be put aside if bank is unwilling or unable to produce original .Any debtor who has a pre 2006 agreement surely it is a very good defence to quote all the laws in court ive mentioned in the above posts?I knw people who had agreements made after 2006 not in such a good position as the law was changed in 2006 when bankes put pressure on goverment to change things and repeal s127 but the law still makes it clear that although this applies to agreements made after 2006 any agreements made prior to 2006 s127 still applies!

[sunflower99]

Hi Sunflower

 

Pleased your learning the law lol.

Not a lot's happening at my end, going to get a few letters off to them this week just going to use another tack. Weather it will work with companies i don't know, probably end up with the same result.

But hay let's give these companies some worries, as they've been dishing out to all of us. Will let you know on the outcome of these letters if any get replied.

 

Gaz

Hi Gazza

yes being on this site certainly keeps my brain active and gives it some work to do!LOL.ive never done so much learning annd studying since leaving school! LOL, I feel like ive swallowed a law book!I constantly print of little gems and snippets of information of this site and take them everwhere i go even on the bus and atwork breaks so i jnow them of by heart!so my new year resolution is to learn everything of this site so those banks got quite a fight on their hands :grin:

[sunflower99]

Sorry if it's a daft question, but why only if it's greater than the balance?

 

Also, am I right in thinking that if they issued a default with arrears showing even though the account has been frozen then it's incorrect?

 

I've been on a payment plan for a couple of years now, and the account including interest/charges has been frozen since the beginning. However, in the DN they sent me they have listed the arrears as around 2 and a bit k! This can only be the minimums that I would have been paying had I not been on the plan, so how can they be arrears if I've been paying the amended amount and the account was frozen - surely no arrears should have built up?

 

Hope that's clear enough to understand:)

 

Lexis:)

 

ps - sorry for the hijack Sunflower:oops:

Hi Lexis1

Dont worry as i said i like to think my thread is somwhere people can ask what they like and get help and advice!Also any questions raised by other poeple are for the good of us all. and benefits all our knowledge.We are all in this together so i never regard someone asking a question about their own problem as a hijack!and see it as an opportunity for everyone on my thead including me to get more knowledge that will help us all in the long run!:)xx

[sunflower99]

Morning Sunflower,

 

Think I have already mentioned this somewhere, in response to Debitarse threat-o-grams of court action, I made requests under CPR 31.6 for a TRUE copy of the agreement, both requests went without being acknowledged (let alone being provided) thank goodness it was done using recorded delivery !

 

UNITED WE STAND

 

Beachy

Hi Beachy !

yes it looks like they got nothing as they seem very reluctant to show us these documents which they seem so confident about in their threatograms!:grin:i am wondering if i ought to go down that route as well of asking them for a CPR31.16!

[sunflower99]

Certaimly it should be. However a fair number of judges in the small claims court do not know the law and even if they do they do not apply it in every case. If you read posts extensively on CAG you will find such cases - fortunately not many. The defendant then has to appeal which is a fairly daunting process. They would almost certainly win the appeal and this would reinforce the law and make it much more difficult for ignorant or arrogant judges to get it wrong.

 

Nevertheless in your shoes I would be saying to to Cap1 and MBNA. "You maintain that the documents you have sent me are copies of a properly executed agreement. I say they are not, The only way we can settle this is to ask a judge so please take me to court or 'shut up". The fact that these cases have not yet gone to court makes me think that these people are not at all certain that a court will find for them. Their inaction really makes your case.

Hi Pelham!

Thanks for clearing up my query and giving us all much help and advice on this thread! i will try and type some of that info from my Crap one alleged agrrement you asked for now!

[sunflower99]

2. Fiancial and Related Particulars. We will set and notify you of the credit limit(s)for your account.We may change your credit limit(s) at any time and will notify you of any change.Interest will be charged monthly for each statement period(being the period between monthly statement dates)on the average daily outstanding balance including all transactions and other charges debited to the account.There is a handling fee of 1.5% on cash withdrawels (minimum £2).For those charges in section 11 that are applied to your account,interest will be charged as if they were purchases.The interest rates and APRs are shown below:

[sunflower99]

[sunflower99]

i hope this is a help to you Pelham! Thanks again for your help !

[sunflower99]

Hi all when i was typing out fiancial and related particulars from my crap one alleged agreement it refers to term section 11!if you notice!There is no term 11!There are only sections 1 2 and 3!LOL ! Talk about bog paper agreements!

[sunflower99]

Hi Pelham!

I will type up rest of term this evening!Thanks again for help!

Edited January 28, 2009 by sunflower99

[sunflower99]

Hi BeachY

Though our front signed part of application form is identical! I think the page of terms and conditions that Crap One are implying are on back of yours are a little different from mine.when i was looking at yours yesterday.The words and percentage table are different i think.

[sunflower99]

Ellie Renshaw just flewdown on her broomstick!:eek:LOL I am honoured she answered my last letter! Told me to that they have complied and that they are confident they got an enforceable agreement blah blah!She told me to give a detailed explanation of what terms were missing and that she will invedigate the matter further!However she totally ignored my request to come over to their offices to view what they beleive to be a fully enforceable agreement!:DShe says inlast letteri asked to be provided with my credit agreement i did not i asked her for an appointment to look at it so i can verify they have a roperly executed original! they dont read their letters properly:mad: i will post it up tommorrow for peoples opinion and input!

[sunflower99]

Hi DD, I know who you mean - Greg unpronouceable- dont hold your breathe waiting for a reply from this guy, dont think he can write, Ive sent so many letters (recorded) to him, all ignored, he then set P2C on me because Capone/Debitarse had 'lost contact' with me (ruddy cheek! ).

 

Sunflower a personal letter from the elusive Ellie, I have seen elsewhere on the forum that it is the general opinion that she does not even exist. :eek:Beachy

 

Hi Beachy !

I heard that rumour too! That ellie Renshaw does not exist!

[sunflower99]

Hi Sunflower,

 

So that is your response!!!!!!!

 

Any ideas for the picnic?

 

I haven't had any response to my last two letters - one to capone, and the other to Greg unpronouceable!

 

DD

HI DD

Yes i got quite excited when i saw the Crap One letter envelope! waiting for me when i got home from work:DI said to my OH oooooooooooooh it must be my invite to Nottingham to look at my alleged agreeement.My hubby was looking forward to a nice day out at Nottingham as well! It would have worked out so well if they had sent me an invite as i got next week of as a holiday! So would have been quite nice to have a day out at Notthingham! and something different to do!I was going to invite you and Beachy over for day out as well! I was going to supply the wine and Beachy the pastries! LOL:D

[sunflower99]

[sunflower99]

I managed to get that page which Crapital One is trying to alledge is in back of my application come up a bit clearer to save having to type it all out!

[sunflower99]

[url=http://javascript:void(0)][/url] Edited January 28, 2009 by sunflower99

[sunflower99]

Ive got front bit of application form a little bigger than scan in earlier post of this alleged CCA so people can have a better idea what it looks like

[sunflower99]

[sunflower99]

[sunflower99]

Well

Hi DD! i actually got a reply! What a lovely letter!

[sunflower99]

she says clearly headed Credit Agreement! LOL well that is the wrong prescribed title under 1983 regulations for a correctly executed CCA agrement for a Credit CARD Agreement! LOL the correct title like i pointed out in my letter is CREDIT CARD agreement!

[sunflower99]

Snap!!

Iv'e got one of these which really tells you nothing at all, (other than the fact they don't seem to want to send a proper copy!!)

 

I told them to shove off about a year ago with no ill effects so far.

 

David

Hi David!

so you got the same letter! She dosent seem very keen on me comeing up to Nottingham to visit her to look at my original! Shame i was getting ready for a day out to see Nottingham!