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Capital One - Have they found a loophole?


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Hi everyone - a first-time poster, so please, go easy on me and apologies in advance if this issue has already been dealt with elsewhere.

 

CCA'd Capital One around the middle of May - they've come back to me (just) within the statutory timescale, with a simple copy of their standard T&Cs (rather than a 'properly executed', signed agreement). My initial response? Yay! They dont have a 'properly executed' agreement!

 

However, they go on to state:

 

"In adddition, your personal details, the signature box, signature and date of signature have been omitted from the copy provided as permitted under Regulation 3 of the Consumer Credit (Cancellation Notices and Copy Documents) regulations 1983."

 

My gut feeling is that they would have provided a properly executed agreement if they had one (and I will now respond with a letter outlining:

 

1. That they are obliged to supply me with a copy of a properly executed agreement

2. That the account is now in dispute

 

However, it looks as though they could just keep coming back to me with the same standard line (essentially, that the mysterious 'Regulation 3' allows them to omit my signature from what they supply). I'll be asking them to tell me whether they actually have a properly executed, signed agrement, of course - but I'm kinda worried, nonetheless.

 

ANY help gratefully received!

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exactly what i am at this precise moment writing to a bank about. it may satisfy the CCA request, but it does nothing to strengthen their case. they would have to produce something with a signature in court so why not save time and show it now?

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Cap One really are toughies im still stuggling with them but this thread may help you out loads, it did me.

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

 

Hope this helps and subbing

 

Red

xxx:p

Righteousness & Justice Will

One Day Rule

:p:p:p:p

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PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

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Have you tried writing to them asking either confirm or deny in writting if they have an agreement?

 

If they confirm they do call their bluff, you have nothing to lose, if they say they don't and they later produce it they'll look very bad in court.

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Hi everyone - a first-time poster, so please, go easy on me and apologies in advance if this issue has already been dealt with elsewhere.

 

CCA'd Capital One around the middle of May - they've come back to me (just) within the statutory timescale, with a simple copy of their standard T&Cs (rather than a 'properly executed', signed agreement). My initial response? Yay! They dont have a 'properly executed' agreement!

 

However, they go on to state:

 

"In adddition, your personal details, the signature box, signature and date of signature have been omitted from the copy provided as permitted under Regulation 3 of the Consumer Credit (Cancellation Notices and Copy Documents) regulations 1983."

 

My gut feeling is that they would have provided a properly executed agreement if they had one (and I will now respond with a letter outlining:

 

1. That they are obliged to supply me with a copy of a properly executed agreement

2. That the account is now in dispute

 

However, it looks as though they could just keep coming back to me with the same standard line (essentially, that the mysterious 'Regulation 3' allows them to omit my signature from what they supply). I'll be asking them to tell me whether they actually have a properly executed, signed agrement, of course - but I'm kinda worried, nonetheless.

 

ANY help gratefully received!

 

I had/have the same prob with cap one send them account in dispute letter - the aftermath is Debitas calling and writing to you with the usual threats. I keep sending the account in dispute an when debitas call I refuse to give confirm any security checks with them.

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I'd be inviting them to go to court and tell them you will be requesting an unedited copy of the original via CPR rules. I'd also tell them that until a court claim is recieved I'll not be entering into further discussion as I believe they do not have an enforcable agreement.

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