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    • BazzaS Ah - now that complicates things - just when I thought I'd got my head round it!   I did think b] might be a source of worry for the purchaser. They have just instructed their solicitor yesterday but I haven't found one yet, preliminary enquiries didn't result in any clarity on the questions I posed. a] where do I find a CS who understands this and can share their knowledge with the buyer's CS?   I've no idea what the outstanding balance is as the council has not been in touch. I appealed many years ago and it wasn't resolved. I did do a SAR with the council and nothing came back from the Finance dept. so I was hoping my appeal had been accepted and the debt 'wiped' but they hadn't bothered to contact me. There were lots of changes up to the new Care Act 2014 which came into force on 01.04.15    Repeal: I was relying on the meaning below? Hence again I thought that's why the council hadn't pursued the debt and was just leaving the CO [or restriction] on the register to keep me on my toes! If a government repeals a law, it causes that law no longer to have any legal force.   Thanks
    • The issue is 2-fold (both related to perceived risk, in a very risk-averse profession): a) will you find a conveyancer who will agree and follow that they needn't worry, and just notify once sold, and b) buyer's wil be put off if their conveyancer says "well, there is a risk".....   The combination of these may be that unless you get very lucky, you'll only get interest in a sale if an undertaking to settle the outstanding sum is made.   As for the repeal : I imaging that it will prevent new charges / restrictions from when it came into force, not revoke pre-existing ones.
    • I have held a Credit Card with Natwest for over 30 years and in the last 6 months or so, I have not used it.     The card is due to expire in a couple of months and I  have had a letter asking whether I still needed a Credit Card.  And that if I did not contact them within a month, they would close the account.  In order to keep the account, apparently I have to phone them to ask them to issue another card on the expiry of the current one .   I have always maintained a Credit Card, just in case of emergencies and if you hire a car for example, they often want details of a Credit Card.   Is this a new policy by Banks ?  First time Natwest have done this.   I have had zero balances near to card expiry dates before and they have not done this.   And this is a warning note to others, that you should never ignore letters from your Bank, thinking it is just advertising information on their services.  Otherwise you may find that the Credit Card  account you thought that you  had, has been cancelled.     
    • Thanks Again BankFodder for your assistance.   I shall follow your advise and will keep you posted on my progress. I will no doubt need your help further down the line with County Court papers etc.   Gratefully FD
    • the issuance of a court claim halts the sb clock.    
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Help with obtaining Credit Agreement from Capital One

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Hello, I am new to this forum and would appreciate any advice regarding the reply I have received from Capital One


I requested a copy of my original agreement on 14/05/09 and received a reply which was Terms of your Capital One Credit Card Agreement which shows my current terms.


I replied advising I was dissatisfied and I have received the following reply




Account No: xxxx xxxx xxxx xxxx


Thank you for writing back to me about your request for us to provide you with a true copy of your credit agreement.


As I've already explained, in accordance with section 78 of the Consumer Credit Act 1974 and the Consumer Credit (Cancellation Notices and Copy Documents) Regulations 1983, we've provided you with a copy of 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 were omitted from the copy provided as permitted under Regulation 3 of the Consumer Credit (Cancellation Notices and Copy Documents) Regulations 1983.


You clearly have a valid and enforceable credit agreement with Capital One, as evidenced by the documents sent to you and any claim to the contrary will be strongly defended.


Your account status remains behind with payment and the balance currently due and payable is xxxx


It is important that you maintain payments as your account balance consists of transactions that you have made. Failure to do this may result in negative information being recorded on your credit file, which may affect your ability to gain credit in the future.


You have asked us to cease processing any data in relation to your account. Capital One informed you when you applied for your credit card and in the terms of your agreement how your data would be processed and you consented to the processing of your data by signing your credit card agreement. The processing of your data is necessary to enable Capital One to perform its obligations under your credit agreement.


The Information Commissioner has confirmed that it is appropriate for lenders to share information about customer's accounts with the credit reference agencies. Also, that it is appropriate for the credit reference agencies to retain this data for six years after the account was last active.


I can confirm, that the information we have recorded with the credit reference agencies is an accurate reflection of the way you have managed your account and we will not be asking the credit reference agencies to remove this information.


We will continue to pursue the outstanding debt and do not consider this account to be in dispute, therefore remind you that you are bound by the terms and conditions of your credit agreement and are obliged to maintain payments and repay your outstanding balance. If proceedings were commenced on you, on the basis that there is no enforceable agreement between us, we would strongly defend this.


Financial regulations require me to advise you that this is my final response in relation to this matter. However, you now have the option to contact the Financial Ombudsman Service within six months from the date of this letter. Their contact details are in our complaints leaflet, which I have included in this letter.


Yours sincerely




Executive Office Manager

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Hi Realistic,


Welcome to the Consumer Action Group :)


I would suggest that you now send this letter :-




Hope this helps.



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This is always worth referring to






Advice & opinions given by me are personal, are not endorsed by the Consumer Action Group or the Bank Action Group. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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