Captital 1 Debt - Help Required

[Buck Futter]

Hi there!

 

I wish to challenge a Capital 1 Credit Card debt on the grounds of it being unenforcable. Could anyone tell me where I begin?!? I know I have to send a CCA request but I can't find the template

 

Thanks in advance

[maroondevo52]

Hi,

 

Letter 'N' in the library, send recorded with a £1 postal order and don't sign it.

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

Regards.

 

Scott.

[Buck Futter]

Thank you! No doubt I shall be back for more help in the coming months

[maroondevo52]

No problem, just update this thread, there's always someone around to help you out.

 

Regards.

 

Scott.

[GamekeeperToPoacher]

subbing,

 

In readiness

 

GK

[Buck Futter]

Morning freedom-fighters!

 

Cap1 Finally sent me a copy of the CCA over the weekend, could one of you lovely people cast your eyes over it and let me know if it's acceptable or what my next steps should be?

 

***Front to be re-posted once I've blanked out personal details***

http://i43.photobucket.com/albums/e380/StuHudson/CCABACK.gif

 

Many thanks!

Edited June 15, 2009 by Buck Futter

[Undercover-Elsa]

Hi BF..

Please remove your personal details from the pics ASAP!!

Elsa xx

[Buck Futter]

Hi BF..

Please remove your personal details from the pics ASAP!!

Elsa xx

 

 

Eurgh!!! Can't do it at the moment, I'll delete the links and re-post later, cheers for the warning though!

[Undercover-Elsa]

No probs xx

[Buck Futter]

Righty dokey, here's the front:

 

http://i43.photobucket.com/albums/e380/StuHudson/CCAFRONT.gif

[harrassed senior]

How old is this account?

[Buck Futter]

Started November 2003

[creditcardmug]

Usual unenforceable cr$p from cap1....no surprise there:D

[Buck Futter]

Good stuff! What do I do next (sorry to sound thick).

 

Also, on a slight tangent, I've recently received a letter from H L Legal, naturally I did a bit of research on them and found out (as you probably know) that they seem to be just an online resource for generating official looking letters. Doesn't this contradict the rule preventing DCAs from producing letters which claim to have legal validity?

[creditcardmug]

Im having trouble reading page 1, does it say the prescribed terms are overleaf?

The prescribed terms must be on the document you signed, this can comprise more than one page, however there must be something linking the pages.

 

I would send something like this, don't sign, just type your name, send by recorded, keep the receipt.

 

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

 

Dear Sir/Madam

 

Your Ref: xxxxxxxxxxxxx

 

Re: my request under the Consumer Credit Act 1974

 

This account is in Dispute.

I refer to your letter of DATE and you response to my request under s78 (1) of the Consumer Credit Act 1974

In response to this request I was supplied a mere application form which did not comply with the requirements of the Consumer Credit Act 1974.

 

The document sent purporting to be a credit agreement does not contain any of the prescribed terms as required by section 60(1) Consumer Credit Act 1974. The Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) made under the authority of the "1974 Act" sets out what the prescribed terms are, I refer you to Schedule 6 Column 2 of SI 1983/1553 for the definition of what is required. Suffice to say none of the terms are present in the document

Since this document does not contain the required prescribed terms it is rendered unenforceable by s127 (3) consumer Credit Act 1974, which states

127(3) The court shall not make an enforcement order under section 65(1) if section 61(1)(a)(signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).

This situation is backed by case law from the Lords of Appeal in Ordinary (House of Lords) the highest court in the land. Your attention is drawn to the authority of the House of Lords in Wilson-v- FCT [2003] All ER (D) 187 (Jul) which confirms that where a document does not contain the required terms under the Consumer Credit Act 1974 the agreement cannot be enforced.

 

The terms & conditions attached have no relevance as they are clearly not part of the document

 

 

 

In addition should you continue to pursue me for this debt you will be in breach of the OFT guidelines, I draw your attention to the Office of Fair Trading's guidance on debt collection

The OFT guidance which was issued July 2003 (updated December 2006) relating to debt collections and what the OFT considers unfair, I have enclosed an excerpt from page 5 of the guidance which states

2.6 Examples of unfair practices are as follows:

h. Ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment

I require you to produce a compliant copy of my credit agreement to confirm I am liable to you or any organisation, which you represent for this alleged debt, if you cannot do so I require written clarification that this is the case. Should you ignore this request I will report you to the Office of Fair Trading to consider your suitability to hold a credit licence in addition to a complaint to Trading Standards, as you will be in breach of the Administration of Justice Act 1970 section 40

Since the agreement is unenforceable, it would be in everyone's interest to consider the matter closed and for you to write the debt off. I suggest you give serious consideration to this as any attempt of litigation will be vigorously defended and I will counter claim for all quantifiable damages

I respectfully request a response to this letter in 14 days

 

Yours Sincerely

[Buck Futter]

Im having trouble reading page 1, does it say the prescribed terms are overleaf?

 

It doesn't. It does say "Credit Agreement" at the top and there is some standard blurb on the back however there is nothing referring to any prescribed terms on the rear of the form. Also, there are several references to this only being valid if I pass the credit check.

 

Would you still recommend sending the letter you suggested?

[creditcardmug]

yes still send it

[Buck Futter]

Will do.

 

One more thing (sorry!) I was going through my statements and notice that they've been applying penalty charges at £20 per time, I thought they were capped at £12 for credit cards?

[creditcardmug]

If theres no valid agreement, all charges are illegal anyway, whatever the amount

[Buck Futter]

Morning all! Cap1 have sent me a letter stating that the precribed terms are present and pointing me to them, however they are on the reverse of the document. As I understand this is not satisfactory, could anyone confirm this and let me know what to do next?

 

Thanks again for your help!

[Buck Futter]

Morning all! Cap1 have sent me a letter stating that the precribed terms are present and pointing me to them, however they are on the reverse of the document. As I understand this is not satisfactory, could anyone confirm this and let me know what to do next?

 

Thanks again for your help!

 

Anyone?

[birchave0]

same "agreement" as mine (Oct 2003) I haven't paid a penny for 2.5 years, account in dispute over unlawfull charges......

Mine is now with Lowells who "MAY" begin legal action against me

 

Surely if enforcable I would have been in court by now????

 

Mine is one page only, nothing on reverse and no terms and conditions from time account opened........

[Buck Futter]

Apparently this is with Scotcall now who have given me 7 days to make payment.

[GamekeeperToPoacher]

Mine is with Debit Arse.

 

I do have a letter stating that they do not retain the original document and I have also offered to pop down to see my agreement as I live within walking distance - but they refused and I said I would provide the biscuits!

I have suggested that they take me to court - which is also in walking distance but no.

They have no agreement and all there bluster is smoke and mirrors.

 

GK

[debt4get]

same "agreement" as mine (Oct 2003) I haven't paid a penny for 2.5 years, account in dispute over unlawfull charges......

Mine is now with Lowells who "MAY" begin legal action against me

 

Surely if enforcable I would have been in court by now????

 

Mine is one page only, nothing on reverse and no terms and conditions from time account opened........

ah good old lowells had exactly the same rang them this morning to see if they would confirm that in the event of court action was this agreement they intended to rely on? but....they wouldnt comment in fact just kept saying @no comment no comment....put phone down but it was fun