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anxious1234

Subject Access Docs received from CAP 1. Unenforceable?

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Hi. Just received the docs back from Cap 1 in respect of a subject access request.

Have listed what received of importance below. Also received was statements and current t&c 's.

 

From what received, is it enforceable??

 

Any help appreciated as between my wife and I we have three caps 1 cards

 

http://i574.photobucket.com/albums/ss182/q4k/CAP%20ONE%20DATA/Cap1Agreement0001.jpg

 

http://i574.photobucket.com/albums/ss182/q4k/CAP%20ONE%20DATA/Backofagreement0001.jpg

 

http://i574.photobucket.com/albums/ss182/q4k/CAP%20ONE%20DATA/replyformwithsignature0001.jpg

 

http://i574.photobucket.com/albums/ss182/q4k/CAP%20ONE%20DATA/TCs0001.jpg

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Hi,

Firstly, as you have 3 cards with Cap1, why haven't they sent you the third "agreement?" You have posted the first two up and in my opinion, neither is enforceable.

 

Is there any link between the first image and the second one?

 

Although I can't easily read the bottom section in the second "agreement", I can't see any terms and conditions in there either.

 

Hold fire and let others have a look before making a decision on what you are going to do.

 

fox


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Hi. Thanks for reply. All the docs relate to one card.

 

What reasons do you think its unenforceable.

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Unless image 1 and 2 are the front and back of the same agreement, I can see no other link to each other and the relevant terms need to within the document. The signature page makes no reference to T's & C's overleaf.

 

Image 3 is an application form and image 4 is definitely not linked.

 

Image 3- no apr, repayment terms or credit limit.

 

When you sent off for your SAR, did you include all account numbers or just this one?

 

As I said, hold on for a while and let others have a look for confirmation.

 

 

fox


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Hi. Just one account number. Image 2 is the back of one but lots of lines on 2 that makes me think "copy & paste"

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Just bumping for help for Anxious


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if 1 and 2 are back and front then that would be enforceable IMO.

 

ida x


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Ok thanks. Do you not think that the alleged back copy of the agreement has alot of unusual lines on maybe suggesting copy and paste.

 

Anybody else have any comments please.

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It could be copy and paste but the only way to find out is to see the original and so far,(as I understand) the only way to do that is to take them to court.


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Thanks for reply. Understand. But looking at the agreement in any event, it seems to be missing the prescribed terms with in it self deems it unenforceable. Dont you think so ?

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prescribed terms are on doc 2.

 

there a re crease lines on 1 and 2 do they match up ? if these are front and back it looks like these have been folded into 3 to fit in an evvelope

 

ida x


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Hi. Yes the lines could well be fold lines. So are the prescribed terms okay and enforceable? As need to know where to go with it.

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it looks all ok to me,

 

heres the list of templates to make offers of payments:

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

ida x


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