What do you make of this?

[alex2258867]

I have CCA'd Cap One for my partner and I, they have responded with the usual rubbish for me, T&C that don't apply to my account, no agreement, no signature, nothing.

 

I wrote back saying this is not acceptable and I need a 'true copy' of my agreement. I received the following response:

 

Thank you for writing back to me about your request for us to provide you with a true copy of your credit agreement. I'm afraid I wont be able to send any different documentation to support your request.

 

As I've already explained, in accordance with section 78 of the Consumer Credit Act 1974 and the Consumer Credit (cancellation notices and copy documents) regulations 1983, we've provided you with a copy of your original agreement, and if any terms have been varied, then the copy agreement will include the updates terms. In addition, your personal details, the signature box, signature and date of signature were omitted from the copy provided as permitted under regulation 3 of the Consumer Credit(cancellation and notices regulations 1983.

 

Your account remains in default, blah, blah

 

It is important that that you maintain payments as your account balance consists of transactions that you have made...what the hell does this mean???

 

We will continue to pursue the outstanding debt and will defend any application you may wish to bring against us.

 

And a little bit with regards to this is their final response on the matter.

 

Have they got nothing? I made a very small payment yesterday (£6.00 on a 3.5K debt). Should I just stop paying all together? Any advice would be appreciated.

 

They did also send a letter to say that my account was still being handled by Capital One. This makes me think that they have nothing enforceable to sell on...any thoughts?

 

My partners Cap One account is being handled by Capquest and when they responded to the CCA request they provided the application form with his sig, no t&cs etc. I wrote to Capquest telling them that an application form was not acceptable and I needed a 'true copy'. Soon after my partner received the exact same letter as me with this added:

 

Whilst we are not required to provide a copy of the signature page, I have now done so as supporting evidence. As you can see this has been signed by both yourself and Cap One.

 

Enclosed was the same copy of the application form, which states:

 

 

CREDIT CARD ACCOUNT AGREEMENT

credit card agreement regulated by the consumer credit act 1974

Please issue to me a capital one credit card and pin. I authorise c o to search the files of any cra. The cra with record details of CO search and amy application. You may also add to my record with cra details of how i conduct my co account (including defaults). I confirm that all the information i have given is true and complete. I understand that this information wiull be checked with fpa and if I give you false or inaccurate information and you suspect fraud you will record this.

 

CO and other org may use and search these records to:

 

Then details of the procedure

 

I have read the terms and conditions setting out the agreement with CO and if my application is accepted, I agree to be bound by these t&cs, as amenede from time to time. I am over 18 yeras of age.

 

Credit scoring - CO uses a technique known as credit scoring in deciding whether to open an Account in your name and if so, what credit limit you will be given. CO will also use this technique throughout the life of the agreement to assess your credit limit and the interest rate and other charges to be applied to the account, all of which may be varied.

 

then a bit about sharing information which does state 'please read use of information overleaf (section 23 of agreement)

 

A box with a copy of their signature

 

and a box with mine stating:

 

This is a credit agreement regulated by the Consumer Credit Act 1974. Sign only if you want to be legally bound by its terms.

 

signed and dated by my partner.

 

So, I bit the bullet and paid them £6.00 yesterday as well (on a 4.5k debt)

 

Today, my partner receives two letters from Capquest, one saying his account is on hold for 28 days and the other:

 

On 2 December 08, Capquest received your CCA request...blah

 

On 7 January, Capquest received your copy of agreement from Cap One this was sent to you on the same day.

 

The copy of the agreement that has been supplied to you advises that it is a credit agreement reglulated by the consumer credit act 1974. It also clearly shows in the signature box 'this is a credit agreement regulated by the CCA 1974, sign it only if you want to be legally bound by its terms.

 

The copy of agreement would have been sent to you by Cap One when your credit card was issued and consequently you would have had every opportunity to raise any issues with Cap One. Capquest are satisfied that the copy of tagreement supplied is legally sufficient under the CCA act 1974.

 

Unfortunately Capquest are still awaiting the t&c and statements from Cap One. These will be sent to you in due course.

 

I can confirm that your account will not be forwarded to any third parties and no further action will be taken against you whilst your request is outstanding. Howvere, Capquest are under no obligation to cease interest (they have) on your account nor are we obliged to remove your data from their files inclusive of any defaults on your credit file applicable to the above account and at this stage will not be doing so.

 

I would also like to confirm that in the unlikely event Capquest are unable to supply the relevant documentation to your self with the required timescales of the CCA act 1974. This does not mean that your debt ceases to exist, nor does it mean that Capquest would have to close your account and remove any data held on file for yourself. It would mean that Capquest are unable to enforce your outstanding debt until such a time you were in receipt of relevent documentation.

 

I am sorry to go on, you have probably lost the will to live reading this but I don't have the facility to scan the letters.

 

To recap:

 

Thoughts on no agreement, new t&cs and the letter above on me

Thoughts on my partner 'agreement' and the letter from Capquest

Should I just bite the bullet and pay them £6.00 a month?

 

Many thanks

 

[elliesnan]

bump

[Captain Rex]

Scan in the agreement you have and post it up minus any personal info so you can get opinions.

We like to see the goods!;¬)

Start your reading here http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/105315-my-agreement-enforceable-useful.html#post1005260, while waiting for opinions.

[blueda]

Sounds like a lot of bluff and flannel to me, it will be interesting to read what more experienced cabbers are going to say about it.

[silverfox1961]

HI,

Just a thought. Have you got a digital camera? If so, problem solved

 

fox

[rory32]

The copy of the agreement that has been supplied to you advises that it is a credit agreement reglulated by the consumer credit act 1974.

Yes it is regulated by the Consumer Credit Act which is why the copy of the agreement is completely unenforceable.

 

Personally I would pay them nothing more and tell them to berger off.

[davey77]

It's never guaranteed a creditor doesn't hold a proper agreement somewhere after the first initial 'this is all we have' letter but when they start quoting cancellation notices and copy documents regulations 1983, that should raise suspicions that they are trying to fob you off hoping you won't go on to ask for an original fully executed and signed agreement.

[rory32]

It's never guaranteed a creditor doesn't hold a proper agreement

Unless of course it's Cap One.