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Capital One CCA


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Well scrambledbyegg, at least that is an application form from them. All I received was a standard typed letter stating that they have all my details to file, but what they sent me will suffice.

 

Allets.

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Allets,

 

Just Recieved A Signed Capital One Agreement The Official Capital One Fan Club

 

DD

 

 

Hiya DD,

 

Gone very quiet on the fan club, I posted an update Wednesday but no one has commented.

 

Updated my own c1 thread, again very quiet - locked horns with capquest at the mo.

 

Whatbugs me is that Ihave been disputing the alledged agreement since c1 sent it. Now been told (cag) that although the 'agreement' is unenforceable - c1 have complied with my cca request and I cant challenge capquest on that front? Surely if the 'agreement' is unenforceable then the account is in dispute?

 

Anyway, just wanted to get that off me chest, sorry to the OP - for posting on the thread.

 

Beachy

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Hi Beachy,

 

Replied on Sunflower's thread. Who says on cag that you can't challenge capquest on that front? Capquest aren't going to be doing anything without an enforceable agreement. They have complied with s78, but without a signed CCA 1974-compliant agreement they can't do much.

 

DDxx

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  • 3 weeks later...

Thought I would update you all on my saga with Capone. It leads on from post 22.

 

I sent Capone this letter on 25th May.

 

ReplytoEllieRenshaw1.jpg

ReplytoEllieRenshaw2.jpg

 

I even included a copy of my CCA from another financial institution which is valid, this was to help them out in trying to locate my CCA that Capone “supposedly” have but won’t send it. My suspicions are that it is no longer in existence.

 

This is what I received back from an Ellie Renshaw yesterday.

 

replyfromellierenshaw06062009.jpg

replyfromellierenshaw106062009.jpg

 

What would be my next course of action? I have already missed last and this months token payment to them as the account is in default with Capone.

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Unfortunately, whatever you do they'll just fire a letter back that appears to fit the circumstances. You're unlikely to get any time of satisfactory response.

 

 

They seem to keep putting themselves in a state of limbo- you won't pay as they can't provide the documentation, and they can't issue for the same reason. They'll now pass you from DCA to DCA, but you can keep swatting them like flies as they don't have the paperwork to do anything other than try and bully money from you.

 

If you want it to stop you could try a fixed and final offer- anywhere between 3% and 10% seems to be what they'd get from a DCA buying the debt- but reasearch this thoroghly. It needs to be a true fixed and final settlement, and you'd also want to confirm that they'll clear everything derogatory from the credit reference agencies. One may argue that they didn't have any right to process data anyway- but thats going to be expensive and difficult to enforce, and would be better negotiated as part of a settlement.

 

On face value, though, you don't have to do anything..... the choice is yours.

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Can I suggest that you issue a SAR, as they will then have to supply a "true copy" of the alleged agreement.

 

It is also my understanding that, should they threaten or instigate legal proceedings, that under CPR 31(31.15) you are entitled to view the documents at their offices and obtain a copy (for a reasonable charge).

 

I consider that either option would break your current dead lock with Capone.

 

Regards

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  • 3 weeks later...

Thank you to the above replies regarding my current dispute with Cap One.

I would like to update you all with the latest developments.

I received this letter from a company called Fredrickson International Ltd last Thursday.

editedletterfromFredricksonInternat.jpg

To save bothering the forum, which would have had better things to reply to, I sent them this reply.

editedreplytoFredricksonIntltd24060.jpg

 

Now I would have thought that this would be the end of the matter, as it would seem I had managed to get FTC off my back with requests for payment, etc.

I received this letter from FIL yesterday.

editedletterFredricksonIntLtd020709.jpg

This now has turned into what could be a serious threat which I feel deserves some input as to how I should reply, as I don’t like the tone or what they are implying.

Would somebody be able to advise please.

 

Regards,

Allets.

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Hi again,

Try not to worry about Fred's silly threats as that's all they are for now.

 

As you know, no CCA, no case to answer. Should these fools decide to go to court, you will be able to knock them back instantly.

 

Methinks a formal complaint to fred's is in order as they are ignoring your statements.

 

fox

 

ps.

report them to Trading Standards and the OFT

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Hello Silverfox.

I have penned a reply to FIL today (see below) which is being posted tomorrow 2 days before the deadline. I have also listed it as a formal complaint.

editedletterFredricksonIntLtd070709.jpg

 

Regards,

Allets.

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  • 5 years later...

Just to resurrect this thread, I know it is over 5 years old, there has been a development.

 

 

Following post 37, Fred Int Ltd referred it back to Cap1 and account was placed on hold.

 

 

27/7/2009, Cap 1 advised Fred Int ltd that the contract was enforceable and Fred Int Ltd were awaiting instructions from me for payment.

 

 

2/8/2009, Fred Int Ltd advised Cap 1 that to date no CCA was received by me from Cap 1.

 

 

17/9/2009, I received a letter from Cap 1 stating that my account was no longer being managed by Fred Int Ltd and has been returned to Cap 1.

 

 

1/8/2014, Letter from Cap 1 stating that they have sold my account to Lowell Portfolio Ltd on 26/7/2014.

 

 

7/8/2014, Lowell Portfolio ltd wrote to me confirming that they have bought the debt from Cap 1 and are awaiting payment.

 

 

8/8/2014 I wrote back to Lowell stating all the history regarding the account.

 

 

18/8/2014, Lowell wrote back to me stating that they are seeking my CCA from Cap 1.

 

 

19/9/2014, I received a bulky letter from Lowell, with a covering letter and this.

 

 

937b62f9-77b0-4a1b-91d2-449953642f56.jpg

Now how could Lowell get hold of this, but when I tried back in 2009, all I got was what is shown in the number 1 post of this thread?

Not only my CCA, but statements going back all the way to when I applied for the c/card.

It is all correct with the name, address, dob, signature and date of the signature.

Where would I stand at the moment?

Looks like Lowell have a case against me and I will have to make payments to the account.

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This is not a properly regulated credit card agreement. There are no prescribed terms on it so it doesn't comply with the CCA 1974. It's an application form which says there are some sort of terms overleaf, but we know that these agreements didn't actually have the correct terms on the back.

 

I'll come back with what to say to them over the weekend.

 

DD

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Hi Allets,

 

You just need to keep it short at this stage.

 

Dear Sirs,

 

I do not acknowledge any debt to your organization or any organization you claim to represent.

 

I acknowledge receipt of your letter dated xxxx enclosing a copy of an application form for a Capital One credit card. This is not what I have requested from you. I require you to provide a copy of the alleged properly regulated credit agreement. As you are aware, the credit agreement must contain the Prescribed Terms within the four corners of the agreement and must be provided at the time of signature. There are no Prescribed Terms on the application form you have sent me.

 

You have an obligation under the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR 2008) to advise me if you hold, or have ever held, a properly regulated credit agreement for this account and you are equally obliged to inform if you do not have any such agreement.

 

Please let me know if you can provide the credit agreement for this account and I will make arrangements to visit your offices to inspect it.

 

Y/F

 

DD

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Thanks for the letter DD.

It states on the covering letter that "they look forward to my proposals for repayment within the next thirty days".

I take it I can reply to their letter also within the next thirty days.

 

 

Allets.

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  • 1 month later...

Just to bring you all up to speed with this.

I sent off the letter exactly as DD suggested in post 41, this was on 10 Oct, as they were getting a bit shirty with their demands, it was sent special delivery to sign for. A no no for the Post office as it still has not been delivered according to their track and trace system.

With that, I get a threatening letter from a sub division of theirs called RED. this was dated 10 Oct and received on 13 Oct. Here is a small sample of the letter:

"We specialise in assessing accounts for litigation and will be obtaining a copy of your credit file in order to review your financial circumstances. The information within it will help us determine the best way to recover what you owe".

I replied to this right away stating that I had sent DD's letter on 10 Oct and that it has got lost in the postal system. I then added to the remainder of the letter DD's text. Sent it 1st class to sign for. This was signed for on 20 Oct.

This morning I received the following letter: sorry for the large image.

img234-Copy.jpg

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Of course they would like to resolve it amicably! :-)

 

Capital One have sent a copy of an application form, not a properly regulated credit agreement, and they are well aware of that.

 

I personally would ignore this one until they write again, but if you prefer we can send a letter back in a couple of weeks.

 

As you have already worked out, RED are just their "threatening" department.

 

DD

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Just to bring you all up to speed with this.

I sent off the letter exactly as DD suggested in post 41, this was on 10 Oct, as they were getting a bit shirty with their demands, it was sent special delivery to sign for. A no no for the Post office as it still has not been delivered according to their track and trace system.

With that, I get a threatening letter from a sub division of theirs called RED. this was dated 10 Oct and received on 13 Oct. Here is a small sample of the letter:

"We specialise in assessing accounts for litigation and will be obtaining a copy of your credit file in order to review your financial circumstances. The information within it will help us determine the best way to recover what you owe".

I replied to this right away stating that I had sent DD's letter on 10 Oct and that it has got lost in the postal system. I then added to the remainder of the letter DD's text. Sent it 1st class to sign for. This was signed for on 20 Oct.

This morning I received the following letter: sorry for the large image.

img234-Copy.jpg

 

 

Please clarify;

 

 

1. Does the alleged agreement/app form have your name and the creditors name as at the inception of the agreement?

2. Are ALL the terms and conditions as at the inception and closure of the agreement? (Two separate multi page documents).

3. Is there a document (s) containing any material amendments to the agreement during its life?

4. Any other documents mentioned in the body of either set of the Ts & Cs? ( often more Ts & Cs are contained in a booklet issued when the CC is supplied)

5. A current statement of the account? ( not an historical one).

 

 

This is what arose from HSBC - v - Carey.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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Thanks for the replies.

BRIGADIER2JCS:

1. It is a copy of an application form, but has an authorised signature of someone from Cap1 and my signature. Not sure it is the same as at the inception of the agreement, as I don't have a copy of my original agreement.

2. Photocopied two separate multi page documents were sent by Lowell, with date references of August 2000 on them

3. Not sent by Lowell.

4. Extra one page photocopy of "Terms of your capital One credit card agreement".

5. A current statement of the account. This is a photocopy (17 pages both sides) from inception Oct 1999 to August 2014.

 

 

Allets.

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Ok that may just satisfy a CCA request, but it would be difficult to assess if an application form signed

by you and the creditor would be considered an enforceable agreement as required for an account opened

prior to April 2007.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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We also know, Brig, that what they said was the "credit agreement" which has no names or signatures cannot have been the one sent in 1999!

 

In six years here I've never seen a Capital One, properly regulated, agreement. I can't remember if you were on Sunflower's thread when loads of us all chased Ellie Renshaw at the same time asking to visit the CapOne offices in Nottingham to view our agreements. Suffice it say, Ellie ran for the hills. She wouldn't even take phone calls from any of us.

 

I think they are well aware that they didn't issue the correct agreements and so what they did issue - if anything apart from the application forms - will never see the light of day.

 

DD

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