Jump to content


Cap One/Capquest and me


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5474 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

Sent a CCA request to cap one asking for a signed CCA. What i got back was what i have attached. Also a letter staying

 

"please find attached a copy of agreement that you have requested for this account. We can confirm that the other docs you have requested will be forwarwded to you when we received."

 

This seems to me to be an application form not the CCA. Am i correct and what do i do now if anything?

img009.jpg

Link to post
Share on other sites

Sent a CCA request to cap one asking for a signed CCA. What i got back was what i have attached. Also a letter staying

 

"please find attached a copy of agreement that you have requested for this account. We can confirm that the other docs you have requested will be forwarwded to you when we received."

 

This seems to me to be an application form not the CCA. Am i correct and what do i do now if anything?

img009.jpg

Link to post
Share on other sites

Very difficult to read but it doesn't look like it contains prescribed terms. Send them this letter if you want:

 

I DO NOT ACKNOWLEDGE ANY DEBT

 

Dear Sir/Madam

 

RE: Agreement/Account number

 

Thank you for your response to my letter dated xxxxxx 2009, making a formal request for a true copy of the original credit agreement for the above account under the Consumer Credit Act 1974 (Sections 77-79).

 

The documents you supplied me appear to be no more than an application form, and as such are not a satisfactory response to my request. Nowhere on the front of the document is there any reference to the prescribed terms and conditions that such an agreement must contain. I must assume that these are unconnected documents and once again inadequate to satisfy your obligations.

 

As you are aware you are obliged to provide me with a true copy of my agreement as defined under Section 189 of the CCA 1974. and I consider that you have failed to comply with my request for these documents

 

 

Under the terms of the above Act, a creditor has 12 working days to provide the requested documents. This deadline has now passed and I have not received the requested documents from you.

 

As I am sure you are aware, an agreement that does not contain all of the prescribed terms, and/or is not signed by the debtor, is completely unenforceable & I therefore consider that this account is in dispute with immediate effect & it follows that all payments to this account are suspended forthwith.

 

I draw your attention to the legal requirement that a creditor is not permitted to take any action against an account whilst it remains in dispute. The lack of a credit agreement is a very clear dispute and therefore the following applies:

You must not demand any payment on this account, nor am I obliged to offer any payment to you.

You must not add any further interest or charges to this account.

You must not pass this account to any third party.

You must not register any information in respect of this account with any of the credit reference agencies.

You must not issue a default notice on this account

I hereby give you notice that if you proceed with any of the above actions, I will file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service.

 

Yours faithfully

Link to post
Share on other sites

You have another option here.. you could reply stating its illegible as below:-

 

Thank you for your letter dated XXXXXX and the attached documents in response to my Statutory Requests for a true copy of the properly executed Regulated Consumer Credit Card Agreement in relation to my alleged Account. Unfortunately your response has not produced any evidence that the alleged Agreement is enforceable.

The alleged Agreement appear to be unenforceable for the following reasons:

 

1. The document is an Application Form and must carry the correct title if it is to be considered suitable as becoming an Agreement once properly executed. The missing Title being 'Credit Card Agreement Regulated by The Consumer Credit Act 1974.'

 

2. I am entitled to receive a true copy of the Agreement and such true copy must be easily legible. What you have sent is not a true copy, nor easily legible. It is hard to read due to poor quality copying of a copy.

This is contrary to the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 (SI 1983/1557)

 

2 Legibility of notices and copy documents and wording of prescribed Forms

 

(1) The lettering in every notice in a Form prescribed by these Regulations and in every copy of an executed agreement, security instrument or other document referred to in the Act and delivered or sent to a debtor, hirer or surety under any provision of the Act shall, apart from any signature, be easily legible and of a colour which is readily

distinguishable from the .

(2) The wording of any Form prescribed by these Regulations shall be reproduced in copies of unexecuted or executed

agreements or in Notices of Cancellation Rights sent [by an appropriate method] under section 64(1)(b) or (2) of the Act

without any alteration or addition, except that--

(a) the creditor or owner may enter the name and address of the debtor or hirer in any Cancellation Form prescribed

by these Regulations; and

(b) every Form shall be completed in accordance with any footnote.

(3) Any such footnote shall not be treated as part of any Form prescribed by these Regulations and may be reproduced

in addition to any such Form.

(4) Where any such footnote requires any words to be omitted, those words shall be omitted or deleted.

 

3. The Agreement must contain the prescribed terms within the four corners of the Agreement, the alleged Agreement does not have the prescribed terms within the four corners and furthermore no where on the front is there any reference to terms and conditions being on the reverse.

 

You should be aware that a creditor is not permitted to take ANY

action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit including but not limited to Trading Standards, the Office of Fair Trading, the Information Commissioners Office, The Financial Ombudsman Service and my MP .

 

 

If you have the original of my alleged Agreement available I request that I be allowed to view them at your offices so I can verify it as the alleged document that I signed.

 

I must also remind you that any court action you may choose to take would require you to produce the original of the alleged Agreement.

 

I look forward to hearing from you within the next 7 days.

 

Until such time as you comply with my Statutory Requests, both alleged Accounts remain in dispute.

 

Yours sincerely

 

S.

Link to post
Share on other sites

I think the quality of the attached form is my fault i cant get it any clearer to post on here but all it looks like is an apllication form that you get to post off as around the edges it says "moisten hereand fold to seal" like those things you get in newspapers and mags

Link to post
Share on other sites

Have merged 2 threads. :)

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

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...