Jump to content

  • Tweets

  • Posts

    • Thank you for the summary you have given. I think you will need to commission a fully detailed point by point report which identifies the issues, the cause of the issues and then separately a quotation for resolving them. I think you need two quotations – comparative. Do you know the name of the person who owns TB plastering? Do you know their address? Do you know they have any assets? It sounds to me as if it's going to be quite an expensive job. On the basis of what you say, if you bring a legal action then you will have no difficulty getting a judgement in your favour the problem will be enforcing the judgement. What address do they use on their bill? You need to have a look at the land registry web check service for about three quid check to see who the owner of a particular property is. Of course you could simply wait until they decide to sue you and then bring a counterclaim but there is a big chance that they won't bother to sue and so it may be down to you to take your own action to undo the mess they have made. Come back here when you have found this out
    • Investors expect artificial intelligence to unleash a new wave of growth.View the full article
    • The first thing is to let the surgery know that you didn't enter your car registrtaion when you visited and ask them to confirm to Euro that you were a patient on that day and Euro should cancel. The quicker you do that before matters escalate, the more lkely that they will cancel. You could suggest that  they put up a sign reminding drivers to enter their vrm. thank you for posting the whole of the PCN which confirms that it does not comply with the Protection of Freedoms Act 2012 Schedule 4 Section 9 in two ways. [2][e] of S9 states (e)state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper— (i)to pay the unpaid parking charges; Your PCN does not. All it does is to ask the driver to pay which is not enough. In addition under [2][a] the PCN should specify the period of parking. Instead it gives the arrival and departure times of the car as it passes the ANPR cameras which is not the same. That means that you as keeper are not liable to pay the PCN only the driver is now liable. Courts do not accept that the keeper and the driver are the same person so proving who was driving will be difficult for Euro.
    • Pro peace/anti war/anti-atrocity marches which included many Jewish protestors carrying banners (as previously linked)  decrying the atrocities of Israel and the IDF such as 'Not in my name' 'Never again to ANY people'   Although a very small handful of unconscionable Hamas supporters were among the many MANY thousands of pro peace protestors, even they displayed nothing like the hatred and violence demonstrated by the 100 or so far right rabble who attacked police, tried to attack the peaceful protestors and then attempted to violently breach the cenotaph itself. The pro peace/end atrocities in Palestine protests have remained largely peaceful despite ongoing atrocities by the state of Israel and the IDF.   Even today, unarmed starving civilians in a supposedly safe camp in Gaza were murdered by shelling and bombing from afar by Israeli forces, while violent Israeli settlers have forcefully deposed more Palestians from their homes and lands on the west bank with the aide and support of Israeli military forces - just as the Israeli forces are forcibly relocating civilians in Gaza with even more horrors, atrocities and violence. These atrocities by the IDF in Gaza include starvation, forced relocation, bombing homes, health centers and refugee camps, denying food water and medical support, murdering journalists and health workers and the mass murder of women and children  .. are growing alarmingly and horribly reminiscent of some of the similar but wider scale utterly monstrous genocidal atrocities by Nazis on the Jewish people, which makes these actions by Israel and the IDF even more unconscionable and deplorable.  
    • Hi all, I was wondering what peoples thoughts / advice is for my following situation. Unfortunately, I have been caught speeding on the m6 - 56mph in a temporary 40 zone. I did not realise that the speed for the current stretch I was on, was reduced to a 40, I knew that some parts was bought down to 50mph but not 40. Ultimately, it is on own fault for not being more focused at the time.  I was wondering whether anyone caught doing similar speeds over the limit have been offered a speed awareness course. My letter states that the records show I have not met the criteria for a speed awareness course, which I feel is harsh given this is my first offence & the threshold for consideration is upto 53mph as stated below, our speed narrowly exceeded the limit and falls within the guidelines set out by the National Police Chief Council (NPCC) up to: 31 mph in a 20 mph area 42 mph in a 30 mph area 53 mph in a 40 mph area. Could I argue that my speedometer is not entirely accurate as such I should be considered in the 53mph bracket above and considered for a speed awareness course?  
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.


      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Unenforceable CA's. Reply Capital One - Help?

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5376 days.

If you need to add something to this thread then


Please click the "Report " link


at the bottom of one of the posts.


If you want to post a new story then


Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 



Recommended Posts

Hi, I wrote to all my creditors on the 1st June requesting copy CA's this is my first reply back dated 5th June from Capital One:


Thank you for your recent letter requesting copy documents for your account.


Your requested copies of the executed credit agreement and a statement of your account under section 78 of the Consumer Credit Act 1974.


Please find enclosed a copy of your credit agreement as requested. In accordance with section 78 of the Consumer Credit Act 1974 and the Consumer Credit (Cancellation Notices and Copy Documents) Regulations 1983, this is your original agreement, and if any terms have been varied, then the copy agreement will include the updated terms. In addition, 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.


The status of your account, as at date of this letter is currently open and behind with payments.


Your current outstanding balance at the date of this letter is XXXXX


The next payment due on your account (including any arrears or overlimit amount) is XXXX. This amount needs to reach the account by 15th June 2009.


As your account has variable interest rates which may change from time to time. I am unable to provide you with a specific schedule of payments detailing the amount due each month in order to pay the current outstanding balance in full. However the minimum monthly payment will be 3% of the outstanding balance or £5, whichever is greater. Your statements will be produced on the 20th of each month (subject to this date not falling on a weekend or bank holiday) and a minimum monthly payment will be due to the account within 26 days of the statement date.

I trust this information will help you with your enquiries. If you need any further information, please contact us again.



Also enclosed is a leaflet entitled 'Important information about your Capital One credit card' This is a copy of your agreement to keep. It is a terms & conditions doc. Plus a letterheaded A4 page titled 'Terms of your Capital One Credit Card Agreement' which shows my name and address, account number and credit limit with terms & conditions on the reverse.


My question relates to previous posts here - Is this an enforceable agreement because from what I have read this appears to be overdone Terms & Conditions and also does anyone know what this means?


In addition, 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.


Does Reg 3 (Above) give them rights to not provide me with a signed credit agreement.


I hope there is someone here that can advise me.


Fingers crossed

Link to post
Share on other sites

Hi Yantoe, there is nothing enforceable about what you received. Most of us on here with Cap1 cards have received exactly the same letter, agreement and terms and conditions.


All you need to do now is send them the indispute letter. Look through some of the other Cap1 threads and you'll loads of people with the same copy of the document you have.


It is absolute rubbish they send out.

Please note that I am not a solicitor or legally trained. The advice I give is from my own personal experience based on my own personal circumstance. If you choose to follow any advice I may give, please make sure you understand the implications of following that advice. :-)

Link to post
Share on other sites

Thanks for the quick reply. Just read the new post about court stays on unenforceable debts. Just like the bank charges. I hope it just means Chester and I will pursue with the follow up letter as you advised.


Have you had an outcome from Capital One? Sorry can't see your thread after I pressed reply.


Good to know we are not alone.

Link to post
Share on other sites

Have been frantically reading all the posts about Capone and Reg 3 of the CCA and template letters posted here. I note that it is very difficult to get Capone to send out your CCA and have drafted the following letter using bits from other letters. I will leave it here for a few days before posting. So if anyone spots any flaws please let me know. Desperate and scared to take on the banks so any advice much needed and appreciated.

For the attention of: XXXXXXX

Capital One Bank (Europe) plc

P.O. Box 5283


NG2 3YG 11th June 2009

Dear Sir/Madam,


Account number: XXXXXXXXXXX

Thank you for your letter dated 5th June 2009 in response to my request for executed copies pertaining to the above credit agreement. The Consumer Credit (Cancellation Notices and copies of Documents) regulations 1983 (SI 1983/1557) is only applicable in conjunction with The Consumer Credit (Prescribed Periods for Giving Information) Regulations) 1983 (SI 1983/1569) and are only applicable to the Consumer Credit Act 1974 sections 58,62,63,63 and 64. My previous request was a statutory request made under the Consumer Credit Act 1974 section 77/78 and therefore the copy of the credit agreement requested must be a true copy of the fully executed agreement.


I appreciate your timely response and wish to accept your invitation to prevail on you for further information. Therefore, I write once more with regards to the above account with your organisation.


I respectfully request that you provide me by return a copy of the credit agreement which bears my signature. I require this as I have reason to believe that there may be discrepancies within the agreement which may leave it improperly executed.

Additionally, I require the underwriting sheet or other document showing any commissions paid to you by the broker or by you to the broker.


If the agreement is improperly executed I would be entitled to ask the court to consider the agreement and make a declaration of the rights of parties to the agreement.


I must stress this request is NOT made pursuant to section 78 Consumer Credit Act 1974 as per my previous request but is made pursuant to the Civil Procedure Rules ( Pre action protocols and Part 31.16) and therefore an unsigned copy will not suffice, only a copy of the original contract in its unaltered form will suffice in these circumstances


Please confirm to me if you still hold a copy of my original signed agreement and advise me whether you will provide me with said document.


I hope you will view this as a reasonable request. When you supply me with the original document as requested it will allow me to assess if my case has merit. Your continued expedient nature will help to resolve matters, possibly without the need to involve the court, which will undoubtedly save time and costs on both sides


I look forward to your reply and would respectively ask for a response by 4pm on 2nd July 2009.









Fingers crossed they get back soon without threatening me with court action.

Link to post
Share on other sites

I would always recommend that you use a standard template letter. They have been used before with some success.


Your letter, IMO, clouds the issue as you are mixing two very different pieces of legislation in the letter. First you refer to the CCA and demand a copy and then you use CPR31.16 saying this is NOT a request under the CCA.


The risk you run with your letter is that the bank will look at it and think 'This person doesn't know what they are on about'


Just follow the CCA route for now.


If you get a letter threatening court action in 7 days, then by all means use the CPR31.16 letter.


The underwriting part in your letter only has to do with PPI. Do you have that on your card?


Lastly, the banks want you to be scared. That way they can intimidate you and make you tow the line and do what they want.


With CAG behind you, you can stand up to them and fight your corner, but follow the guidance on here and the template letters.

Edited by Dinkjames

Please note that I am not a solicitor or legally trained. The advice I give is from my own personal experience based on my own personal circumstance. If you choose to follow any advice I may give, please make sure you understand the implications of following that advice. :-)

Link to post
Share on other sites

Thanks Dinkjames,


I guess I did not want them to just send me back the same letter as before and thought a double whammy might work offering two points of law in my favour to force them to supply said agreement.


I know I have nil experience but feel very strongly on this issue which is why I bow to folks with more kudos in this field and hesitated sending the letter. I will follow the tried & tested route and stay positive.


Thanks for the word up. Nice to know we are not alone in this battle.

Link to post
Share on other sites

Doesn't matter what piece of legislation you quote to them or how you word your letter, they will send you a pile of horse manure anyway.


Take heart in the fact that if they are sending you rubbish, they probably cannot find or do not have you original CCA or the one they have is unenforceable. If they had it, you would most definitely have had a copy by now.


We all feel strongly on the issue, that why we fight them :D

Please note that I am not a solicitor or legally trained. The advice I give is from my own personal experience based on my own personal circumstance. If you choose to follow any advice I may give, please make sure you understand the implications of following that advice. :-)

Link to post
Share on other sites

Dinkjames is right, you can argue with them until blue in the face, it wont make any difference to them...they will pass it around various DCAs lowlifes, then sell it for pennies to the likes of lowell etc, who will the continue to chase for the full amount.

After 6 years of no payment/acknowledgement its statute barred

Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?

  • Create New...