Capital One - CCA received but NO SIGNATURE!

[cal21c]

Hi all,

 

I really hope someone can give me some advice on this one.

 

Capital One is my main bugbear. Sent my 14 day CCA request and did not get anything back. After my second letter, I received a "copy" of the CCA, unsigned by either myself or the company. Oh, and a copy of the Terms and Conditions!!!! I queried this and they said that it was a true copy. Sent another complaint letter and eventually got a "Final Response" letter.

 

Please see:

 

I haven't replied to this and now I have a letter from CAPQUEST:

 

 

Now where do I stand? Surely if they do not have a Signed CCA then it is unenforceable? Does anyone have a letter I can send to CapOne (or cap quest) saying unequivically that the CCA needs to be signed???

 

Help please!!!!

 

Thanks,

 

Cal

[cerberusalert]

I'd be tempted to send them Scots letter below & see what their response is;

 

Re: my request under the Consumer Credit Act 1974

 

Thank you for your recent letter sent to me, the contents of which are noted. I appreciate your quick response to my original letter. However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974.

 

The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter.

 

My request remains outstanding. The items you sent in your reply, does not constitute a true copy of any credit agreement that may or may not have been signed by me on the opening of this account. It neither confirms that I am liable for any alleged debt to you, nor gives me any chance to evaluate whether any original agreement was ‘properly executed’.

 

I still require you to send me a true copy of the original credit agreement that you allege exists.

 

As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.

 

You had until XX/XX/2008 to provide me with the true copy I requested. You are now in default of my request. Any account I hold with you is now in legal dispute. Whilst the account remains in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you.

 

Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agency.

 

To register information with a credit reference agency, you must have written consent from the customer to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.

 

The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office

 

To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Whilst you remain in default of my request, you are not permitted to take any action against this account. This includes adding further charges and passing any information to the credit reference agencies.

 

Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me.

 

 

I look forward to your reply.

 

Yours faithfully

Print name do not sign

 

**amend to suit your circumstances.**

[lilly white]

Good God That Is The Most Red One I Have Seen.

 

Blood Red Me Thinks

 

Hang It In The Loo

[sorrylittlelot]

i may be wrong but because you are disputing with cap 1 isn't there a law saying they cannot pass it /sell it on

[cerberusalert]

Capquest is Cap1's in-house collection team.

[sorrylittlelot]

oh, my bad.

 

i feel sorry lol

[cal21c]

Thanks for all the responses, especially to cerberus - that is exactly the kind of letter I wanted!

 

Yup that is one Red Letter! I almost laughed when I saw it - though I did worry initially.

 

If they keep saying that what they have sent is a true copy and I still keep saying that it is not as it is not a signed agreement - is that stalemate? What would the next move be?

 

Cal

 

Just one further question - should I send the letter to Cap One directly or to CapQuest?

[cerberusalert]

Send it to Capquest. Eventually they'll sell it on to another bottom feeding DCA.

[cal21c]

Thanks Cerberus!

 

Does it ever end?

[cerberusalert]

As daft as it sounds once you've learned the system & how to deal with them, you'll look back on it all when it's finished & miss the fun you've had.

[king123]

Just received the signature-less "CCA" and copy of terms and conditions too. Copy of the above letter will go out shortly!

[*Sunny*]

Hi I have recently just started this whole process and wrote to my credit card companies asking for signed copies of my CCA.

Several have replied with unsigned copies which I will be following up with the letter.

In addition Sainsburys and Halifax sent unsigned copies with the following statement in their cover letter;

" The copy of the agreement enclosed with this letter complies with the requirements of the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983. Regulation 3(2)(b) provides that a copy can omit any signature box, signature or date of signature. in summary we are not required to produce a copy with your signature on it."

Can anyone advise on how I can still ask them to produce signed copies?

[king123]

Sunny, you'd be better off starting your own thread about each of your cards so that you can get advice specific to your situation

 

It's interesting that other banks are quoting those 1983 regulations. Have their lawyers perhaps got together and dreamed this up in answer to the increasing number of CCA requests they're receiving?

[*Sunny*]

I have checked the relevent act online and what they are stating is actually written in the act. I am a bit lost as to whether I can still demand a signed copy under the 1974 act or not