printing error on original credit card agreement

[pudsey7]

Hi,

 

I am having a lot of financial problems at the moment and have been looking through this site. I got a letter from Capital one stating that the original credit card agreement had a printing error. When I phoned to ask what the error was in relation to they said that it was to do with the terms and interest rates.

They have given me an address to write to but wondered if I should go down the route of requesting the original CCA to find out if it is unenforceable or whether I should state that as there was an error on the original agreement that I feel that it is invalid and therefore any debts under the card should be written off.

Can anyone give mw some advice as I do not really know where to start.

 

Thanks

[rory32]

When was the card taken out?

 

Cap One's credit agreements are usually a copy of the application form which contains none of the prescribed terms required in an enforceable credit agreement.

[pompeyfaith]

Seems cap one are getting wind off the fact there cca's are mostly unenforceable and using this taktic to try and get around it.

 

PF

[pudsey7]

It was taken out in 2008. Is it only cards and loans taken out pre 2007 that the unenforcement thing applies to?

 

Thanks

[pudsey7]

Got home today and there is another letter from Cap1. This one says that they are making some changes to my credit card agreement which will become effective from 1st April 2009. The have enclosed 2 leaflets which they said that I will have to read and stated the paragraphs that I need to look at. When I look at the paragraphs all the interest rates state % p.a. (variable).

Can they do this??

Thanks

[pudsey7]

Hi does anyone have anyone have any advice that they can give on my 2 replies above?

 

Much appreciated

[the_shadow]

Hi does anyone have anyone have any advice that they can give on my 2 replies above?

 

Much appreciated

 

Hi Pudsey, are you questioning whether they can increase APR or the fact it doesnt state a % rate just ??

 

If its just % then its a printing fault and you should let them know if they plan to increase the apr which I suspect then they need to advise you prior to this and that the leaflet supplied was incorrect therefore they cant change it for another month (to allow the 30days notice which I think is stated in their t&cs somewhere)

 

If its an actual number on the leaflet then yes they can provided they give you notice up your apr and unfortunately they can double, possibly treble it:cry: banks make up their own rules now:(

 

PmW

[pudsey7]

Thanks. Can you please give some on advise on the fact that they have sent a letter saying that there was printing errors on the original agreement. Does this mean it would be invalid?

 

Thanks

[the_shadow]

Thanks. Can you please give some on advise on the fact that they have sent a letter saying that there was printing errors on the original agreement. Does this mean it would be invalid?

 

Thanks

 

Fraid I've no idea... probably best if you could actually qualify whats different.. can you see the change they've made.. yes I know that means reading some real small rubbish print:cry:

 

Then people can judge how important the lapse was and whether it gives ground for anything in the future.. Because the card was taken out recently a lot of avenues for unenforceable docs have been closed by new regulations.

[pudsey7]

All they told me was that it was an error within the terms and APR. I will request original CCA and see if I can figure out the differences.

 

Thanks

[Teeth00]

Hi there,

 

My cicumstances are very simular I also recieved a letter from Cap1 and have noticed some discrepencies between my original CCA and the new one sent out last month with the cover letter stating "there was printing errors on the original CCA".

 

So far I have notices:

Min Monthly repayment info to be different (£5 on the original and now changed to £5.00 on the new one)

Right to cancel box is a lot bigger with more specific info on the new agreement comparred to a one liner saying "we will send you exact details of how and when you can cancel" on theold one.

 

Anyone know where I stand on this as I have nearly £5000 on my card and am really struggling to make the payments. Finally my card was taken out Sept 2008.

 

Really appreciate any input guys in advance!

[melbourne]

I have also received a "printing error" letter. In mine they are changing the original 0% interest free period from Nov 09 to May 09 - effectively cutting the period down by 6 months. I have all the original papework letter and agreement clearly stating Nov 09. In a telephone call last year they tried to tell me it was May not Nov - and I told them they were wrong.

 

Printing error or not, they made an agreement. The must be a hel f a lot of people affected by this underhand action.