Capital One ????!!!!!!! confused

[uktigger]

no. its not a subject access request its a county court protocol that allows you to see the evidence from the other party that you MIGHT take to court to see what the strength of your case is or is not as the case my be

 

the whole object of the excercise is to allow folk to settle out of court or not bring proceedings at all in order to save court time and costs

 

If for instance you ask them under cpr rules to produce the original signed agreement which they intend to rely upon either to take you to court or to defend any possible action by you then this IS the document( or lack of) that they must then use in court (they cant come along later with another document to show the court)

 

a request under the CCA allows them to "Reproduce" what would have been an agreement which is why they get away with T & C's and doesnt really give you what you need to know.

 

 

Hi DD,

 

I'm getting a bit word blind scanning the site. Knowing me I''ve probably read it 64 million times and not realised it. Is there a template letter or examples of how to go about asking them to produce the original documents under cpr rules?

 

Thank you

 

UK Tigger

[itstheone]

The thread and template are here

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html

[uktigger]

Hi All,

 

Could I ask for clarifiction on something I am confused about please:

 

If CapOne has written to me, as they have done, stating that there is no more documentation, why is his not enough to default the account and have an unenforceable agreement?

 

Thank you

UK Tigger

[diddydicky]

it is- just write to them and tell them that they have not produced a valid cca and that the account is in dispute!

[tessisme]

Oops...sorrry......

 

http://i599.photobucket.com/albums/tt80/uktigger_2009/CapOne090309Front.jpg

 

http://i599.photobucket.com/albums/tt80/uktigger_2009/CapOne090309Back.jpg

 

 

That letter is exactly the same as I was sent by Cap one.... I wrote back and disputed the account as it my right under English law...etc Modifed the account in dispute letter.

 

Cap Ones response was to hand to debitas, I refered them back to their client sending copies of letters sent to Cap One. Debitas rang me yesterday refused to confirm any details with advisers.. she rang off.

[tessisme]

Update on this - debitas and cap are persistent its like a double act! Cap one insists they have produced my signed CCA and state they have a right to omit the signature box bit no dates etc how can that be a true copy when it states nothing! Also debitas are threatening court action..

 

Off to search through the templates for a suitable response.....

 

That letter is exactly the same as I was sent by Cap one.... I wrote back and disputed the account as it my right under English law...etc Modifed the account in dispute letter.

 

Cap Ones response was to hand to debitas, I refered them back to their client sending copies of letters sent to Cap One. Debitas rang me yesterday refused to confirm any details with advisers.. she rang off.

[harrassed senior]

What about CCAing Debitas?

[loobyloo35]

I sent the account in dispute to Debit your ar*e and I havent heard a thing since, however, it was then transferred to Frederickson International who are now chasing me! So far have received two standard letters from them so hit them with the account in dispute letter which I then received another letter from them saying I needed to contact Crap One for this information (didnt even request anything!) and they were still chasing the debt so I just sent them another bog off dispute letter!

 

My letter to Crap One to claim back the charges, was dated 2nd April so its time to hit them with court action me thinks!

[diddydicky]

i personally would just bin their letters and let THEM take the court action

 

that way they get all the expenses-

 

chances are people who keep making threats vary rarely carry them out

 

if they had a cast iron enforceable agreement they would act on it straight away