Cap 1 CCA and SAR response ?????

[dph1976]

Hi all

 

I have decided to start a new thread for Cap 1

like so many people, we have found ourselves in financial hard times

we have a mortgage which is up to date ( for now )

our debts are all with credit cards

after trying to come to arangements to pay reduced amounts

having some succes and some that wont even consider it

i stumbled on this site and spent a few days reading threads from people in the same boat as us

 

to cut to the chase

i have sent CCA and SUBJECT ACCES REQUESTS

to all our credit cards

they were all sent on 03/03/09 recorded signed for 1st class

 

i received back a copy of all statements for the SAR (although there was 1 month missing)

i am going to ask them for the missing month and some other discrepencies on my account

 

i did receive this in return

 

 

 

 

 

 

after some very helpful advice from other members

i sent them a faliure to comply with cca request letter stating

Terms and conditions do not satisfy my request and they have sent their current ones, not the ones that relate to when I took the account out.

 

Bellow is the response to that letter

 

 

 

 

 

could anybody offer any advice on a good reply to this??

 

they say i clearly have an enforceable agreement

 

they are refusing to stop processing my data

 

any thoughts

 

also i am going to be reclaiming charges and missold ppi but i need the missing month statement to calculate the amount.

 

thanks in advance for any advice

 

DH

[UNCLE BUCK]

Hi DPH,

 

Good thread i for one will be keeping an eye on this thred as i to have been trying to get a CCA from cap 1.

 

All the letters they have sent you and the alledged agreement is identical to all the letters and info they sent me, this is not a true copy of your CCA. I have done a SAR to find out if they do have a CCA.

 

good luck and let me know what else you get.

[dph1976]

Hi Uncle Buck

 

these forums are great

knowelage is power

i have also sent them a SAR and got back copies of statments only

do you know if they have to send a copy of the cca with that

also do you know if it has to be a signed copy executed etc?

 

i am waiting for them to send me the missing month so i can work out the amount i am going to be reclaiming (it wont be far from what they claim i owe)

 

kind regards

 

DH

[cerberusalert]

They have to send you copies of everything the hold about you including agreements, statements, copies of letters, transcripts of telephone conversations etc., etc.

 

Have a read of; http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html

[UNCLE BUCK]

i know,the forums are great, i like yourself are still at the learning stage but i understand that by sending you only statements they have not complied with your SAR request. They should have sent you copy of your CCA, but i have recently read on other threads it is not unusual for them not to send it, as they probobly havnt got it;).

You have to decide now what to do next, i have decided that i am not going to chase anymore if they do not send CCA in my SAR. i will sit it out and if necassary go to court if they do not produce it then it is unenforceable, a judge will also see you have tried to avoid getting to this stage by your numerous attempts to see you CCA.

There is one more letter that you may want to send it is the "extra 21 days letter" and it basically says "you must realise this is not a CCA i will give you a further 21 days to comply or consider the matter closed" or words to that effect. if you do want this i will try to find it on here and post.

good luck with the reclaim

[UNCLE BUCK]

I was about going to say eventually someone like cerberusalert will be along to help.

[dph1976]

hi all

 

i am sending Cap 1 a letter regarding the sar

asking for more info, teh missing month's statment and a copy of the cca

( are they alowed to send the same cca for a sar that they send for CCA Request? ) or does it have to be a copy of the actual cca??

 

also i want to reply to their last letter about th cca

they are saying account is not in dispute etc

also they are refusing to stop processing my data (s10)

is this correct?

im going to tell them again that the account is in dispute

not only because of the lack of a correct CCA

but i will also be claiming unfair charges and missold ppi plus interest

but i am waiting for a response from them regarding the missing months

in the sar they sent

 

thanks in advance for any advice

 

DH

[dph1976]

hi all

 

anybody got any ideas re my last post???

 

thanks in advance for any advice

 

DH

[dph1976]

hi all

 

just wondered if anybody has any ideas re my last post??

 

thanks for any advice

 

DH

[42man]

Send them a letter before action listing the items they have NOT sent in answer to your SAR Edit this one - http://www.consumeractiongroup.co.uk/forum/general-debt-issues/178660-blackheath-loans.html If they don't supply all your documentation then you could take them to court where you would be awarded compensation like this cagger did - http://www.consumeractiongroup.co.uk/forum/lloyds-bank/49571-havinastella-lloyds-tsb-3.html

 

If they still cant send you a copy of your CCA then try this - http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html - with this end result - http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/165349-smt37-morgan-stanley-goldfish-3.html#post2119750

[42man]

If you want to see the signed agreement and they aren't complying properly CPR 31.16 is the way to go....