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cupcake68 Vs Cap 1


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Hi

 

Could someone please have a look at this cca reply I received today.

 

AJ Cap 1 pictures by cupcake62 - Photobucket

 

Page 3 is an original document, not a copy. It looks as if they have printed this agreement out just to comply with my request (They're so kind!)

 

Can someone suggest a template letter for my response please?

 

Thanks:-)

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esile, I have moved your thread to the Capital One forum. This isnt a legal issue.:)

 

It looks to me as though all you have been sent are terms and conditions. Do you know if they are current or those applicable at the time of your account opening ?

Edited by citizenB

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4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

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1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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There is a possible letter in the link below. But you might like to look at one or two other threads in the Capital One forum and see how other CAGers have approached this situation.

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/582-possible-letter-when-a-questionable-agreementapplication-is-sent.html

 

HTH:-)

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Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Hi Citizen B

 

Have I put all my posts in the wrong section?(!!)

 

I am new to all this Sorry!

 

Thanks for your advice. I would say these are current terms and conditions. The account has been going for many years and this is all new paperwork. The "agreement" is not a copy of anything original. It looks like it was printed at my request.

 

I will send a copy of the letter you suggested on Monday and await their next move!

 

Thanks for the advice

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Hi Citizen B

 

Have I put all my posts in the wrong section?(!!)

 

I am new to all this Sorry!

 

Not to worry, I have moved all the threads you started, to the correct forums. It is very easy to get lost :lol:

 

Thanks for your advice. I would say these are current terms and conditions. The account has been going for many years and this is all new paperwork. The "agreement" is not a copy of anything original. It looks like it was printed at my request.

It is very likely they no longer hold the original paperwork, but have reduced it to templates and microfiche.

 

I will send a copy of the letter you suggested on Monday and await their next move!

 

Thanks for the advice

 

Looking at the paperwork from Cap 1, you have the usual template letter that they send out in images 1 & 2.

 

Images 3 & 4 are current terms and conditions. You can tell this by the charges of £12.00 which only came in to force after 2006.

 

Images 5 & 6 are the back and front of a pamphlet, which I am assuming they are saying were sent with the original application/agreement, which of course they have conveniently forgotten to include in the package.

 

Can you let us know what year you applied for the card ? Then you can look at other threads from that time period.

 

I will find some other Cap 1 threads for you to have a look at, they will give you an idea of what to expect in future correspondence with Cap 1. :D

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Some Capital One threads for you to look at. There are many more in the Capital One fourm that you might also like to have a read of. Once you have had a reply from Cap 1, then please come back and let us know then more advice can be given. :)

 

 

http://www.consumeractiongroup.co.uk/forum/capital-one/164241-lexis200-capital-one-cca.html

 

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/171391-davey77-capital-one.html

 

 

HTH:D

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Hi CitizenB

 

Thanks for the great advice, it will all be simple to me soon!!

 

This card is my Dads, he can't remember how long he has had it but is sure it's before 2007 and it was not an online application.

 

The leaflet with terms and conditions that you tell me are current doesn't surprise me because it is an original leaflet they have sent, not a copy and it is very crisp and new looking!

 

I will have a read up on the threads you have suggested and send the letter on Monday.

 

Thanks again

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I'm hoping to find it unenforceable!

 

And there we all fall down!

 

The response you received from CrAPONE, fulfills the request you sent.

 

From here on in, you have a few choices, reclaim the charges against the card.

 

Tell them that what they sent does not comply to your request (YES it does)

 

Or just play silly buggers with them for the next six years.

 

IT really is the only options that will open up with CrAPONE.

 

 

 

Jogs

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Havinastella

 

I'm new to all this but I thought to be enforceable they needed to have certain elements on the original agreement and what they have sent is not the original agreement and does not have the necessary elements.

 

Am I wrong?

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no you are not wrong.

 

But if you sent the normal letter asking for 'A copy' their reply JUST falls into their obligation!

 

They are playing silly buggers and you are playing silly buggers. It's a big game now.

 

They don't have to send you a copy of your agreement, just the T&C's.

 

As I have previously stated, its now a long run in, CrAPONE will sell the debt and chase you forever.

 

Its the way they work!

 

Jogs

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Oh Ok!

 

So I have to be prepared to be harassed over this for some time but are you suggesting I don't fight it?

 

I dont think Jogs is suggesting that you dont fight it esile.. just pointing out that you might have a bit of hassle along the way:)

 

Have a read of havinastella's thread..

 

http://www.consumeractiongroup.co.uk/forum/capital-one/50003-havinastella-capital-one.html

 

:D

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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That's good!

 

I'm prepared for a fight! /Used to fighting/ Know the only way out of this mess is to fight!!!

 

I will read the thread and no doubt learn a lot about these lovely people (!)

 

Thanks everyone!

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PS

 

Does anyone know of any success stories with cap one?

 

Yes, the 2nd link I gave you in post 6, davey77 versus Capital One is a success story.

 

However, if you want more, then look in the "legal successes" forum. Most of the "Won" cases have that word in the title :)

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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  • 1 month later...

Standard Capital One cop out. Have they actually sent you any thing.

 

Current terms and conditions are NOT acceptable.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Ok, well you have 1 page which they have said IS your agreement. This is the single page which shows the £12.00 default charges.

 

Right, well I had put a statement in here, but then realised I had read the section on the document incorrectly.

However, although it does appear to be current terms and conditions. It still does not have your signature.

 

 

The two pages which are set in columns could have been part of the same document. However, it doesnt contain your signature anywhere. So another strike out.

 

I would be inclined to send them the letter in the following link.

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/582-possible-letter-when-a-questionable-agreementapplication-is-sent

 

HTH

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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