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angmarie

angmarie v Cap 1, help please.

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Hi, Lynn.

 

Yes, give them 14 working days, without your signature, it will be unenforceable, here's some info regarding the CCA........

 

A debt becomes unenforceable under the CCA if a creditor does not supply a true copy of the signed credit agreement within 12 working days of it being requested.

 

The debt remains unenforceable for as long as the creditor fails to produce the signed credit agreement – this means if they produce the agreement some months down the line, they are quite within their rights to enforce it. They do not need to take any further action to enforce the debt. A debtor cannot take any action against the creditor for failing to produce the signed credit agreement within the prescribed time, because that is up to the agencies that the offence has been reported to. Any sanctions that may be imposed are at the discretion of these agencies, and it is not a matter that the debtor can take to the civil court.

 

Issuing a court claim for non-compliance of a CCA request in all probability achieves nothing to benefit to the debtor, as a court claim is likely to spur a detailed search which could well end up with them producing a perfectly acceptable original signed agreement in court – which would result in the debtor losing the case, and being made liable for the creditor’s costs.

 

If after requesting a true copy of a signed credit agreement the creditor fails to produce it, it does not mean that the debt does not exist, the debtor may now however be in a good position to make a full and final offer to clear the debt.

 

Regards.

 

Scott.

 

Hi Scott

 

I have also requested the above, i have received statements and added up interest and charges. The account was from 2004-present what is the next step please, i dont think i can claim all charges back can i and i requested CCA but i signed letter :evil:

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Hi, angmarie.

 

Was it a Cap 1 account ?

 

Regards.

 

Scott.


 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

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Hi, angmarie.

 

Was it a Cap 1 account ?

 

Regards.

 

Scott.

 

 

yes, it is capone, my card has £1000 limit is at £1150 at moment cause the charges are drowning out my regular payments. Total charges and interest is £2544.80. Was there a cut off date for which you cant claim anything please, if so when was that.

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I'll move your posts and mine to start a new thread for you in this Forum.

 

EDIT: Thread started.

Regards.

 

Scott.


 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Hi,

 

For Credit Cards you can still claim back charges.

 

You will get fobbed off to start with but keep at it you will get them back in the end. Just follow the letters in the template library and you can't go wrong.

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Thanks for your comments lynski, but i signed the request letter :eek:

 

Now im feeling really negative bout it all, have been reading learning and had massive brain ache for last 3 weeks and did not note down the dont SIGN comment. How badly will this effect the way they respond. Are we insinuating that they may copy and paste onto official looking document or am i looking at this in the completely wrong way. At the end of day have written to them before so they would already have my signature if they have letter in my file, or at all:-|.

 

Ive still got to get to grips with template library letters.

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Hi,

 

From what I can make out from other threads there is a possibility they may 'copy and paste' your signature.

 

Don't panic though as obviously if they do this then a whole can of worms would be opened from crap 1's point of view as it would be classed as fraud on there part I would of thought. IF you end up complaining to either the FOS or indeed go to court then crap1 would have to show/take the original signed agreement and you would know if this was your signature or not.

 

I'm new to this as well and learning more and more each day but I think what I'm advising you is right. I am by no means an expert but wish I was as I would take these to the cleaners!

 

Can you remember when you applied for your crap1 account? And if you applied by post or over the internet?

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I wouldn't worry about signing the CCA request if you are going down the the reclaim route.

 

Reclaiming from Crapone is really easy.

 

Jogs

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Hi, angmarie.

 

Like jogs said, Cap 1 seem to be one of the easier creditors to get a refund from, without going to court.

 

You should start your claim, have a look at the step-by step.............

 

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-example-step-step-instructions.html

 

Regards.

 

Scott.


 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Hi,

 

From what I can make out from other threads there is a possibility they may 'copy and paste' your signature.

 

Don't panic though as obviously if they do this then a whole can of worms would be opened from crap 1's point of view as it would be classed as fraud on there part I would of thought. IF you end up complaining to either the FOS or indeed go to court then crap1 would have to show/take the original signed agreement and you would know if this was your signature or not.

 

I'm new to this as well and learning more and more each day but I think what I'm advising you is right. I am by no means an expert but wish I was as I would take these to the cleaners!

 

Can you remember when you applied for your crap1 account? And if you applied by post or over the internet?

 

Thank you for your comments, was by post.

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Hi, angmarie.

 

Like jogs said, Cap 1 seem to be one of the easier creditors to get a refund from, without going to court.

 

You should start your claim, have a look at the step-by step.............

 

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-example-step-step-instructions.html

 

Regards.

 

Scott.

 

 

Hi Scott, i had a read up earlier but im bit confused im sure i read that an agreement can ommit signature and date in compliance with Data Protection, did i read that right dont think that can be correct.

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Hi,

 

Your best bet is to re-claim your charges, so makes no odds about the agreement.

 

Send your prelim, giving them 14 days to comply, if not send your LBA giving another 14 days.

 

If they don't play ball, file a claim at your local county court.

Cap1 always seem to pay up when they receive the court papers.

 

Regards.

 

Scott.


 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Hi Scott

 

Thanks for your comments. I have prepared my prelim letter and have my spreadsheet i will send RD but do i just send it to normal customer assistance address or can you suggest who i need to send it to please.

 

 

Ang

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Hi,

 

I think this address should be ok...........

 

CAPITAL ONE BANK (EUROPE) PLC

Trent House

Station Street

Nottingham

NG2 3HX

 

Good luck. let us know how you get on.

 

Regards.

 

Scott.


 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Hi Scott,

 

During weekend I was checking through my paperwork and reading up notes on this forum. I think I may have messed up my request for refund as I created my own spreadsheet (basic) but I included all interest charges and now im wondering should I only have included interest on penalty fee's. Can you advice me please.

 

 

 

Ang

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Hi, Ang.

 

Your better leaving the Interest until you file at court, I'd do another spread sheet and send it again, have you seen this 'link'.........

 

http://www.consumerforums.com/resources/templates-library/48-bank-templates/118-interest-calculation-spreadsheets

 

Regards.

 

Scott.


 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Scott

 

I cant open that link at the moment not sure why, try again later.

 

Im not refering to the 8% added at court stage, I mean the monthly interest charges.

 

 

 

Ang

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Hi

 

I have had letter response back from capone (ellie renshaw) she is asking me to clarify whether i am requesting SAR or documents for section 78.

 

I already received all required statements and have submitted request for refund, can any one advise me on these points

 

1. shall I write back asking for the CA section 78, think I read some where that it may be enforceable without signature, am I correct.

 

2. Sit it out and wait for response form request for refund letter.

 

3. Both of the above, if they writing to confirm if I want CCA does this mean they have checked if they have it.

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Hi, angmarie.

 

I'd wait until they respond to your charges claim, your charges are more than the balance on the account, so don't think there's much point in getting your agreement.

 

Regards.

 

Scott.


 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Hi Scott

 

Thats what I thought, so I must be learning something at last. Thank God!! (who said that) lol.;)

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Hi

 

So have I got this right I should only be claiming penalty charges:

 

late payments

overlimit payments

They have not responded to request for refund yet not even a phone call :rolleyes:. Shall I re-submit claim taking out the high interest charges that I originally submitted or sit it out and see what they come back with.

They got till 16th July to respond.

 

 

Ang

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Hi,

 

Here's what you can claim.............

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/15518-charges-description-statements-please.html

 

I'd wait unil they get back to you.

 

Regards.

 

Scott.


 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Scott

 

If you request SAR's are you entitled to full statements and also the cca.

 

Where as if you request cca, that is the only document you would receive would be the agreement.

 

Have I understood correctly.

 

 

Ang

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Hi, Ang.

 

Depends on how they are feeling :rolleyes: They should send you everything but often don't, there's a good SAR here for more than just statements......

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/576-subject-access-request-debt-a-dca

 

Yes, your correct about the CCA request.

 

Regards.

 

Scott.


 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Scott

 

If you request SAR's are you entitled to full statements and also the cca.

 

Where as if you request cca, that is the only document you would receive would be the agreement.

 

Have I understood correctly.

 

 

Ang

 

They do not have to supply full copies of your statements!

 

Jogs

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