Capricorn v Crap1

[Capricorn1601]

good morning all

 

I have a Cap 1 card which was taken out in 2002. After a stressful time recently with my OH being put at risk of redundancy and my position at work also at risk, I decided to take the plunge and do a CCA request to Crap 1. I sent it on Friday with a postal order for £1. What I need to know is:

 

1. In 2002 were the CCA's signed or was it online, I really cant remember.

2. Can anyone guide me through Cap 1 process and share their experience of a CCA taken out around 2002.

 

thanks

[the_shadow]

Hi Capricorn

 

If you took the agreement out online in 2002, then they would be required to have you sign a duplicate agreement/application as online signatures were not ratified until Dec 2004.

 

I'm afraid I cant help on the 2nd question as I'm coming at Crap1 from a different angle to CCA.

 

S.

[diamondgirl]

Hi Capricorn

 

I am about to go down the CCA route with them I'm pretty sure that I signed something and mine was a few years before yours so I'll be watching your thread with interest and as soon as I have anything back from them I'll be posting mine up.

Whatever you get back scan a copy to your thread to everyone can advise.

I'm sure that someone else with the knowledge will be along later.

DG:)

[the_shadow]

Oh one thing I should mention that I do know is that crap1 wont send out your CCA with a s78 request, they'll send out a re-formed form with your account details and terms and conditions combined.

 

They do tend to send out the app/agreement with a SAR request from what I've read/seen.

 

S.

[diamondgirl]

Thanks for that Shadow I'll not bother with the CCA and just SAR them myself got my own thread going so if and when they send somehing I'll post on mine.

DG:)

[the_shadow]

Thanks for that Shadow I'll not bother with the CCA and just SAR them myself got my own thread going so if and when they send somehing I'll post on mine.

DG:)

 

The benefit of the s78 tho comes in the 12+2 days to respond else they go into default.

 

there is no such penalty for not sending the agreement with the SAR, just a complaint to the Information commissioner.

 

S.

[Capricorn1601]

Surely if they dont supply the CCA with this request this puts them into default? The law is on our side are they are breaking it.

[the_shadow]

Surely if they dont supply the CCA with this request this puts them into default? The law is on our side are they are breaking it.

 

Depends what THIS request mentioned above is... SAR or S78

 

There is no penalty for them not providing the agreement with a SAR, just that you can complain to the ICO who will write and "ask" the lender/dca to provide the agreement.

 

S78 of the CCA is the only way to put the account into dispute and lenders/dca's have gotten wise to this obviously, so instead of sending the actual application they'll send something that they say conforms to s78 and will give you a load of legal mumbo jumbo alongside this. Then they will continue down the default and sell the debt route. As I said originally read through a couple of the crap1 threads and it'll show you what happens.

 

S.

[Capricorn1601]

Ok so you told me so. Got a letter today saying they have endlosed a copy f my credit card agreement but its not, they add that under regulation 3 of the CC Regs 1983 they are permitted to omit the personal details, signature box and signature and date.

 

What do I do next?

 

Surely they havent complied?

[the_shadow]

Ok so you told me so. Got a letter today saying they have endlosed a copy f my credit card agreement but its not, they add that under regulation 3 of the CC Regs 1983 they are permitted to omit the personal details, signature box and signature and date.

 

What do I do next?

 

Surely they havent complied?

 

TBH there are different schools of thought on this, some say it complies and others say there is nothing personal on the sheet so no it cant. Either way the document they have sent you is NOT enforceable.

 

From other threads it looks like crap1 have stopped sending out applications with SAR's also.

 

So only real options are:-

 

1)Complain to FOS and possibly request they get the agreement (downside is sloooowwwww and they may agree that what you have been sent conforms to s78 anyway)

 

2) Try the CPR method although with crap1 this WILL involve court to get sight of your agreement, I only know of one CAGGER thats done it at present and that was with Barclaycard.

 

3) Write back saying they are in default and wait for the DCA/court claim to arrrive and defend by when you will get a chance to request the agreement.

 

None of them are ideal I'm afraid.

 

S.

[Capricorn1601]

Update

 

I've tried the letter as advised in S78 and why you shouldnt send them, or something like that thread.

[Capricorn1601]

Hi all

 

just had a reply back from my CPR 31.16. Dont really need to tell you what it says do I, other thank they are still hiding behind the recycled toilet paper version of what was sent before. They still claim to be complying with my request (bulls****). They have also said this is the final response in relation to this matter. Signed Ellie Renshaw

 

Can anyone advise me what to do next please.

[the_shadow]

Hi all

 

just had a reply back from my CPR 31.16. Dont really need to tell you what it says do I, other thank they are still hiding behind the recycled toilet paper version of what was sent before. They still claim to be complying with my request (bulls****). They have also said this is the final response in relation to this matter. Signed Ellie Renshaw

 

Can anyone advise me what to do next please.

 

As advised previous

 

Try the CPR method although with crap1 this WILL involve court to get sight of your agreement

 

You need to issue the second CPR letter if youre still going down that route.

 

S.

[Capricorn1601]

what second cpr letter??

 

 

HELP

[the_shadow]

what second cpr letter??

 

 

HELP

 

This is the second letter in the CPR 31.16 strategy.

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html#post1868958

 

 

Only use though if you are going to go through with the court application, crap1 wont give you the info to just a couple of cpr31.16 letters unfortunately so the court application will be required.

 

S.