Capital One CCA Enforceable?

[diddydicky]

the "other considerations" are that it is also a multiplke agreement by virtue of the PPI but i' keeping that one in reserve

[diddydicky]

these letters are clearly not a copy of a genuine agreement and are nothing more than a self serving generic copy of what they would LIKE the agreement to look like

 

the proposition that they have removed the signatures and/or boxes is ludicrous- it is clear to any right thinking person that this document contained BLANK signature boxes and is not one that is particular to the person in question

 

I will be directly suggesting to them that this is the case in my next communication (depending on their response)

[Braveheart12]

Thanks for that diddy....I'll send them the same letter.

[diddydicky]

well i wouldnt use the "not withstanding other considerations " bit unless like me you agreement also includes insurance!

[diddydicky]

my response to anyone "threatening to call" would be as above but i would add

 

Furthermore, should your agent or representative call at my property unnannounced and without appointment and fail to leave the premises at my first (and only) request, he will be ejected from the premises using reasonable force to do so if necessary

[Braveheart12]

I will leave that part out. How does this look?

 

 

Dear Sirs,

 

Thank your for your letter of 11 May 2009.

 

I note that you confirm that the documents enclosed in your letter dated 23 March are a true copy of an original credit card agreement executed by you on unknown date.

 

I note that your have enclosed the following documents:-:

 

A three fold general leaflet entitled “Important Information about your capital one credit card” and further endorsed:- This is a copy of your agreement for you to keep.

 

A separate letter referring to my recent request and which purports to contain current terms of an agreement with you on the reverse

 

As you must realise these documents which together you allege are a true copy of an original credit card agreement do not conform to sections 60(1) and 61(1) of the Consumer Credit Act 1974 and would therefore only be enforceable by a court under s65. The absence of a properly executed agreement containing my signature and the prescribed terms within the same document means that a court would be prevented from enforcing it under s127(3).

 

I notice that you have stated that your letter is your final response in relation to this matter therefore I assume that Unless you can produce a copy of an executable agreement within 21 days I will consider that the above account is now closed and that you will not pursue the alleged debt further.

 

Yours faithfully

[diddydicky]

looks ok to me

[Braveheart12]

Latest letter from Debitas;

 

[Braveheart12]

I posted the letter yesterday requesting my CCA again. However today I recieved this response from a previous request that did not fully outline why their previous CCA documentation was unaceptable, unlike the latest letter I sent.

 

 

 

 

Looks promising to me....any thoughts?

[diddydicky]

yawwwwwwwwwwwwnnnnnn

[diddydicky]

the yawn was to their pathetic threatening letter

[diddydicky]

i think you'll find that you hbave now exhausted the 77/78 route and you next request (if not already done) would be to ask un der CRP31.16 (there are template letters) making it clear that this latest request is not a CCA request.

 

(sorry too busy to reade all the thread) plus SAR if you have not already done so

[Braveheart12]

I have not gone down this route yet, I was planning to leave it as long as possible. I have just gave them 21 days to comply with my CCA request. After that I will make a SAR.

 

Cheers.

[diddydicky]

thats ok but keep in mind what you need to be doiing is showing any future potential judge that you have bent over backwards to resolve a fairly simple request (show me the proof of the debt)

 

although it is not sufficient i think you will find that they HAVE done enough to comply with the CCA request and you are flogging a dead horse there

 

much better to start the 40 day SAR clock ticking now

[Braveheart12]

Fair enough...I'll look into it this evening. I've seen several different SAR letters and will need to choose the most appropriate letter to send them.

 

thanks.

[Braveheart12]

Just received a bright red letter from CapQuest Debt Recovery, they have stated they MAY commence a County Court Claim if I do not make payment with in 7 days.

 

Should I send the "bemused letter" to them? that ceberusalert posted up in #16?

[diddydicky]

i would not respond but if i did i would ask them if they could supply a pair of sunglasses with their letters otherwise i'll report them toi health and safety for trying to damage my eyesight

[Braveheart12]

haha....It's the most ridiculous letter I've received to date!

[Braveheart12]

Just had a letter from Cap1 informing me that my account has been returned by Capquest to themselves....and the usual please make a payment.