Bub124 vs Capital One

[Bub124]

Hi all

 

Have 6 credit cards between us and are struggling to pay the minimums on all of them. Hubby in full-time work and quite well paid usually but the business has got a "funding crisis" (in other words, the banks won't honour the overdraft:-x) and we don't know from one week to the next if he's going to get paid (haven't been paid now for 2 weeks!!!)

 

So, it's crunch time and we need to get these cards sorted. I have CCA'd each of them and have received nothing but the usual t&cs from them. Reading through the threads, everything we have had seems to be normal practice.

 

Mu hubby sent all the details to contract checker and they have just come back with one of the Cap One cards and said that there are 3 breaches on it. The major one is the interest rate which is apparently completely wrong. We aren't going down the route of getting them to do it as they want £500!! but we do want to pursue this. They will send us the full report for £97. Is it worth paying that to get the report??

 

I didn't pay the minimums last month as I simply didn't have the money so am now waiting for them to start giving us grief.

 

I am so worried that I'll do it all wrong and they'll run rings round us unless I have all the correct info in front of me. You lot are brilliant but I'm still not confident that I can do it myself.

 

Any advice gratefully received

[maroondevo52]

Hello and Welcome, Bud.

 

Could you possibly scan the agreement up here, so people can have a look and advise.

 

Regards.

 

Scott.

[Bub124]

Here it is. Hope it's readable!!

 

IMG]http://i629.photobucket.com/albums/uu13/bub124/caponecca.jpg[/img]

[maroondevo52]

Hi, Bud.

 

No 'link' there, have another pop

 

Regards.

 

Scott.

[Bub124]

I'm so useless at this!! Try this one

 

[Bub124]

bump

[the_shadow]

Hi Bub124 you havent said how old the crapital one card is?

 

What they have sent you is what they are sending out now, basically t&c, its not what you signed is it or even a representation of what you actually signed(if anything)

 

I'm amazed someone has looked at this and said there are three faults with it as I'd have thought Crapital had got there act together and ensured what they send to people is at least legally enforceable even if it doesnt relate to anything anybody has signed.

 

Someone more knowledgeable will be able to help with next step...

 

PmW

[Bub124]

Hi PMW

 

The card must be 6 or 7 years old. I'm assuming this is the same as was sent to contract checker but they will only let us have the report if we pay them the £97. I had already CCA'd capital one for both mine and hubby's cards and this was what was sent for both of them.

 

I replied with a CPR letter requesting a signed copy but haven't heard back yet.

 

I did all this before we discovered contract checker and I'm just wondering whether it's worth getting my hands on one of these reports so that I'll know how to handle the others (6 in total) if and when they come back as unenforcable. Or will it just be the same info that I can get myself with help from CAG and am I just looking for an easy way out????

[the_shadow]

I'd like to be able to advise but as I've yet to get anything other than what you've received I cant really, I've tried CCA and am awaiting my SAR from them.

 

I've also gone down the CPR route with them to attempt to get an agreement.

 

I'm sure someone with more info will be able to give you better advice on the way forward.

 

PmW

[Bub124]

Thanks pmw. It's nice to know I'm not alone!!

[the_shadow]

Thanks pmw. It's nice to know I'm not alone!!

 

Thankfully on this site none of us are alone:D

[Bub124]

Hi Guys

 

Received this today from Crap One:

 

Thank you for writing back to me about your request for us to provude you with a true copy of your credit agreement.

As I've already explained, in accordance with section 78 of the Consumer Credit Act 1974 and the Consumer Credit (Cancellation and Copy Documents) Regulations 1983, we've provided yo with a copy of your original agreement, andif any terms have been varied, then the copy agreement will include the updated 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 Notices and Copy Documents) Regulations 1983,

Your account status blah blah blah

We note your reference to CPR 31.16. You will be aware that any request for pre-action disclosure under this rule must satisfy the criteria set out at CPR 31.16. Any application made to Court seeking such disclosure will need to be accompanied by evidence why the criteria are satisfied. You have not yet provided us with sufficient information as to why you believe that your request satisfies these criteria. Without this information, we are unable to consider this request further.

It is important that you maintain payments blah blah blah

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

Financial regulations require me to advise you that this is my final response in relation to this matter. However, you now have the option to contact the FOS within 6 months from the date of this letter. Their contact details ae in our complaints leaflet, which I have included with this letter.

YS

Ellie Renshaw

Any thoughts???

[42man]

If that is all they have sent you then it is completely unenforceable, it would seem they do not have your agreement !! However I would raise a complaint with the FOS, they will charge the bank £450 to investigate your complaint too....have a read of this if you want to pursue the CPR further.... N244 time !! - http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html#post1868965

[Bub124]

Hi 42Man

 

Which track would you suggest?

[the_shadow]

Hi 42Man

 

Which track would you suggest?

 

Bub124, what did you put as the reason for asking for your agreement in the CPR letter?

 

As it may possibly affect whether the N244 option is the best way forward or not

[Bub124]

I sent the following letter which I got from someone else's thread. Can't remember whose.

 

I write with regards to the above account with your organisation and in reply to your letter dated .....

I respectfully request that you provide me by return,a copy of the credit agreement which bears my signature. I require this as I have reason to believe that there may be discrepencies within the agreement which may leave it improperly executed.

Obviously, if the agreement is improperly executed I would be entitled to ask the court to consider the agreement and make a declaration of the rights of the parties to the agreement.

I must stress that this request is not made pursuant to section 78 Consumer Credit Act 1974 but is made pursuant to the Civil Procedure Rules (Pre-action protocols and Part 31.16) and therefore a signed copy will not suffice. Only a copy of the original contract in its unaltered form will suffice in these circumstances.

Please confirm if you still hold a copy of my signed agreement and that you will provide me with this document.

I do not view this as an unreasonable request, given that by supplying the document which I have asked for it will allow me to assess if my case has merit and will help to resolve maters, possibly without the need to involve the court and will undoubtedly save costs on both sides.

I look forward to your reply and would ask for a response by 28 March 2008

Yours faithfully

Have I dropped a clanger???

[the_shadow]

I sent the following letter which I got from someone else's thread. Can't remember whose.

I respectfully request that you provide me by return,a copy of the credit agreement which bears my signature. I require this as I have reason to believe that there may be discrepencies within the agreement which may leave it improperly executed.

 

Have I dropped a clanger???

 

Dont see why, Looks like a valid reason to me although I suppose they'll claim its a fishing exercise... You've told them why you want to see it and they've given you a final response, leaves them open to either the N244 request or a complaint to the FOS I presume

 

Comes down to spending the £75? to apply for a judge to decide whether you meet criteria to order them to disclose or the complaint to the FOS which costs them £450 I believe:)

[Bub124]

So maybe a complaint to the FOS to start with then...

[the_shadow]

So maybe a complaint to the FOS to start with then...

 

I've just come home to see the same letter for me re: my cpr request.... and also my SAR has come back... inside is a capital one application form and loads of crap which I have no idea of.

 

CCA looks valid to me it its a true copy:(