Jump to content


cupcake68 Vs Cap 1


cupcake68
 Share

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4297 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi Guys!

 

Should I send Cap 1 this?

 

Thank you for your response to my request under the Consumer Credit Act section 78.

In your response you confirm this as a true copy of the original agreement executed by yourselves

 

As you must realise this agreement does 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. However, the absence of any (prescribed terms / signature) means that a court would be prevented from enforcing it under s127(3).

 

I am granting to you a further 21 days to produce a copy of an executable agreement. After that I will consider that the above account is closed and that you will no longer pursue the alleged debt.

 

After this period you should close the file and cease processing all personal data relating to me on this matter.

 

It is illegal for you to pass this matter to a third party and any action through the courts would require you to provide the documentation I have requested in the first instance.

 

I look forward to hearing from you in writing.

 

Yours faithfully

 

Thanks for all great advice.

 

Cupcake

Link to post
Share on other sites

  • Replies 100
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

  • 2 weeks later...

Any News Cupcake?

Cabot - £7000 - can't provide docs :)

Red Castle/GUS - unenforcable - phoney docs:)

Halifax £2000 bank charges refunded 12/7/07:)

Halifax (round 2) - LBA 30/8/08 - £2500 back within 3 weeks

Nat West - £2,000 - WON offer dated 7th December 2009 (a week after the Supreme Court Ruling !!!!)

 

In progress

 

Yorkshire (hubby) - LBA sent, discussion reggarding hardship undertaken waiting to see what their plans are after Supreme Court Case

 

Capital 1 - SAR'd - typed docs provided not originals gonna play letter ping pong for a while

Halifax Visa - when I get a moment

Halifax personal loan - when I get a moment

 

If all these come to cash I'll be a millionaire (ish)

Link to post
Share on other sites

It sounds like they are crumbling though - Have a good Christmas

Cabot - £7000 - can't provide docs :)

Red Castle/GUS - unenforcable - phoney docs:)

Halifax £2000 bank charges refunded 12/7/07:)

Halifax (round 2) - LBA 30/8/08 - £2500 back within 3 weeks

Nat West - £2,000 - WON offer dated 7th December 2009 (a week after the Supreme Court Ruling !!!!)

 

In progress

 

Yorkshire (hubby) - LBA sent, discussion reggarding hardship undertaken waiting to see what their plans are after Supreme Court Case

 

Capital 1 - SAR'd - typed docs provided not originals gonna play letter ping pong for a while

Halifax Visa - when I get a moment

Halifax personal loan - when I get a moment

 

If all these come to cash I'll be a millionaire (ish)

Link to post
Share on other sites

csl are "delighted" to inform me today that having discussed my position with their client,(barclaycard) they can "extend" a "generous" proposal to me

 

just goes to show that CSL are human after all and entering into the spirit of Christmas!!:rolleyes::rolleyes:

 

meanwhile- coop send me a DN dated 17 dec (2nd class) giving me to 31 december to comply

 

 

god, if these people had brains, they'd be dangerous

Link to post
Share on other sites

  • 4 weeks later...

Hi Cupcake,

 

How did the 40% settlement offer come about?

 

I am dealing with them as well, not easy though, they just keep sending out standard letters, like yours, irrespective of what you write in to them.

 

They have also knocked my door today, so be prepared. OH sent them away and they just left a card (Power2contact) instructed by Debitas.

Link to post
Share on other sites

Hi Dotty

 

I'm not sure they mentioned what % they were prepared to accept. I don't have the file on me at the moment so I can't look but I think it just said something like "substantial discount" and it was just ne of the many letters I was receiving at the time from them!

 

I am not totally sure about all this and with all the chat that's been going on since the test cases i reelly don't know how I should reply to this last letter!!

 

I haven't had a doorstep call to my knowlkedge yet!!

 

Good luck

 

Cupcake

Link to post
Share on other sites

Hi

 

I have received this from Cap 1 AC CAP 1 Letter rec 120110 pictures by cupcake62 - Photobucket

 

With all the talk going on at the moment I'm not really sure how I should be dealing with this.......

 

Any advice would be great.

 

Cupcake

 

"we sent you a copy of the scanned signature page " means two things

 

a/ we dont have the original agreement

 

b/ We didnt scan the back of the agreement before we got rid of it so we are going to have to rely on t & C's that WOULD or MIGHT have been there at the time

Link to post
Share on other sites

Hi Cupcake,

 

Had another knock on the door this morning at........wait for it......08.05!

 

OH thought it was the post man, however Mr....... was sent away with a flea in his ear, I have since called him (he left a mobile number) and it is unlikely that he will darken my doors again!

 

Just looking through my many letters and they have never offered me any reduced figure or % to settle, which is what I was planning to look at when I originally found CAG.

 

Having done SAR I find that I have charges and PPI (which I am at a loss to know why that is on) but they add up to over £1200 and with 8% interest on top, wouldn't be far off clearing this balance.

 

I see your application shows no PPI requested, so did the computer print outs I had in reply to SAR, so make sure you are not paying it.

 

Further advice I have had is, always have the last letter on file, then they can never accuse you of ignoring them.

Link to post
Share on other sites

Really?

 

Am I not better keeping quiet?

 

Cupcake

 

if you get to court and the other side attempts to persuade the judge that you have not attempted to resolve the matter prior to court proceedings

 

what are you going to wave in front of the judge in response ?

 

exactly!

Link to post
Share on other sites

"we sent you a copy of the scanned signature page " means two things

 

a/ we dont have the original agreement

 

b/ We didnt scan the back of the agreement before we got rid of it so we are going to have to rely on t & C's that WOULD or MIGHT have been there at the time

 

In crap one's defence against me on a 2004 application they admitted in their docs that they only kept a scan of the signature page and that the originals had been destroyed.

 

S.

Are You as Anonymous on CAG as You Think You Are? *Link*

 

The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

Link to post
Share on other sites

that would be a useful admission to post up!!

 

Apologies, I've just dug it out and re-read it... trick of the mind :-(

 

Its averred to but not said :-(

 

The Defendant attached at Exhibit 'X', a copy of the original credit agreement. This consists of a print out of the scanned image retained by the defendant of the front page of the executed agreement that was signed by the Claimant and the reverse of the executed agreement which includes the prescribed terms, together with the terms and conditions.

 

I'm going to bed before I make any more cock-ups, two in one night is two too many :-(

 

S.

Are You as Anonymous on CAG as You Think You Are? *Link*

 

The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

Link to post
Share on other sites

  • 1 month later...

Want a laugh?!!

 

I sent them this ...

 

Thank you for your letter dated XXXX the contents of which have been noted.

 

I consider the application form you sent me is unenforceable as it doesn’t contain the prescribed terms as required by the CCA 1974.

 

I note that you intend to not enter into any further correspondence; however I still consider this account to be in serious dispute.

 

and they replied with this

 

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

 

For the sake of completeness, we also sent you a copy of the scanned signature page of your original agreemnt signed by both you and Capital One.

 

To this end, I am confident that we have fully complied with Section 78 of the CCA 1974 and that you clearly have a valid enforceable credit agreement with Capital One, as evidenced by these documents and any claim to the contrary will be strongly defended.

 

I must politely refer you to the key financial information section on your credit agreement provided to you. You will see these specifically provide details of the

 

A) credit limit[/font]

B) interest rates[/font]

C) monthly payments[/font]

 

set out as required by the prescribed terms.

 

Your account status remains defaulted and the balance outstanding is XXX

 

We would not consider the account to be in dispute, therefore would remind you that you are bound by the terms and conditions of your credit agreement and are obliged to maintain payments and repay your outstanding balance. If proceedings were commenced by you, on the basis that there is no enforceable agreement between us, we would strongly defend this.

 

As I mentioned in my previous letter, you now have the option of contacting the FO. Although we have rpovdied you with their contact details, it is our understanding that the FOS may choose not to consider your case as issues regarding the enforceability of a CCA would be better considered by a court. I must now inform you that any further contact we receive from you on this subject will be acknowledged but we will not enter into any further correspondence.

 

Yours sincerely

 

Sven Lagerberg

 

How funny!!

 

They said they would not enter into any more correspondence, I say ok fine they then write back with this!!!

 

Can I write back saying I thought you weren't entering into any more correspondence?????

 

Shall I send the same letter again and highlight the bit about prescribed terms and explain it should be on the original agreement??

 

If they stopped paying the wages of the stupid people we wouldn't have to pay such high interest!!

 

What a waste of space!

 

Cupcake

Edited by cupcake68
Link to post
Share on other sites

i would not advise telling them your letter is your "final word" on the matter as this suggests an unwillingness to seek resolution

 

leave that mistake for them to make- always leave the door open for negotiation

 

what you can do is say that you are open to suggestions to resolve the matter and will respond to service of summons but will file letters that contain circular arguments unanswered

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...