Is this Capital One Agreement Enforceable ????

[strongbowhead]

Can anyone help me and tell me if they think the attached agreement is enforceable ???

 

It is as clear or unclear as it looks in the picture.....it is virtually illegible with a signature that is not actually mine !!!

 

Pictures by strongbowhead - Photobucket

 

Any help much appreciated.

 

Thanks

Edited July 29, 2009 by strongbowhead

[vint1954]

Can anyone help me and tell me if they think the attached agreement is enforceable ???

 

It is as clear or unclear as it looks in the picture.....it is virtually illegible with a signature that is not actually mine !!!

 

Pictures by strongbowhead - Photobucket

 

Any help much appreciated.

 

Thanks

It obviously fails on the legibility stakes.

 

You need to respond to them, informing tham that this is an illegible document, and not compliant with your request.

 

Al;so let them know that the signature is not yours.

 

Maybe invite them to try again. Add all this into the account in dispute letter, if that is the route you are taking.

[strongbowhead]

Thanks

 

I did write back to Capquest to say that signature was not mine see attached Capquest letter !!!!

 

Will write an account in dispute letter to both Capquest and Capital One suffice on the grounds that the agreement is illegibale with someone elses signature ???

[lilly white]

have a read

 

think about your next move who signed it

 

 

PART IX

JUDICIAL CONTROL

 

Enforcement of certain regulated agreements and securities

 

127.—(1) In the case of an application for an enforcement order under—

(a) section 65(1) (improperly executed agreements), or

(b) section 105(7)(a) or (b) (improperly executed security instruments), or

© section 111(2) (failure to serve copy of notice on surety), or

(d) section 124(1) or (2) (taking of negotiable instrument in contravention

of section 123),

the court shall dismiss the application if, but (subject to subsections (3) and (4)) only

if, it considers it just to do so having regard to—

(i) prejudice caused to any person by the contravention in question, and

the degree of culpability for it; and

(ii) the powers conferred on the court by subsection (2) and sections 135

and 136.

 

(2) If it appears to the court just to do so, it may in an enforcement order reduce or

discharge any sum payable by the debtor or hirer, or any surety, so as to compensate

him for prejudice suffered as a result of the contravention in question.

(3) The court shall not make an enforcement order under section 65(1) if section

61(1)(a) (signing of agreements) was not complied with unless a document (whether

or not in the prescribed form and complying with regulations under section 60(1))

itself containing all the prescribed terms of the agreement was signed by the debtor or

hirer (whether or not in the prescribed manner).

 

(4) The court shall not make an enforcement order under section 65(1) in the case of a

cancellable agreement if—

[strongbowhead]

They want me to send some documentation i.e. passport/driving licence with my signature on and are saying do I think it could have been opened fraudulantly !!!! The account clearly was mine, however the signature on the illegible credit agreement isn't mine........just need to know based on these grounds is the agreement enforceable as it is illegible and what my next move need be....which letter goes next ???

 

Thanks again

[IdaInFife]

don't send your signature . you are no obligation to do so.

 

 

if i were you i would make a visit to local plod to report it and have it noted re the signature.

 

 

I would write back to cap one stating that due to the signature not being yours you have reported this to the local authorities and until such they time the produce a valid and legaible cca that has been signed by you then you will be witholding payments

 

ida x

[strongbowhead]

I have not paid anything on the account for about 18 months anyhow :o)

 

Just keep getting threatograms and phone calls from Capquest with regard to this !!!!

 

Think I will send them a letter saying that until they send me an agreement with MY SIGNATURE on then go swivel !!!

 

Anybody any ideas as to whether the agreement is enforceable signed or not as it is so illegible I have no idea what it actually says :idea:

[Huff&Puff]

From what I can make out, it does appear to be enforceable. The lack of legibility does rather suggest that they don't actually have the original document to produce in court though, apart from the signature. Whatever you do, don't sign anything with your real sig. If they've sent you a copy of someone else's agreement you should report them to the ICO.

[strongbowhead]

Thinking of sending a letter back to them regarding illegibility and asking them could I make an appointment to view the original signed copy and not a computer generated microfiche printed off one....what do you guys think and is there a letter to those words floating about with legalities etc in it ???

Thanks for any help offered in advance

[vint1954]

Thinking of sending a letter back to them regarding illegibility and asking them could I make an appointment to view the original signed copy and not a computer generated microfiche printed off one....what do you guys think and is there a letter to those words floating about with legalities etc in it ???

Thanks for any help offered in advance

You could try this.

 

 

ACCOUNT REMAINS IN SERIOUS DISPUTE

 

xxxxxxxxxxxxx 2009.

 

Dear xxxxxxx,

 

Re account no xxxxxxxxxxxxxxxxxxxxxxx

 

I am in receipt of your letter date xxxxxxxxxxxxxx and note its contents. I also note, that xxxxxxxxx are still in breach of supplying the documentation that I have previously requested under s78 of the Consumer Credit Act 1974.

 

The document supplied in response to the above request, is quite obviously an illegible copy of an application form. As you are aware, this illegible document, is not considered acceptable, as a True Copy of any alleged executed agreement that you may hold. I am obviously not able to read any of the prescribed terms, that may or may not be contained within the document. You will also be aware, that an application form, is not acceptable as an executed agreement.

 

In relation to what constitutes a true copy, please read the details below. In a recent letter from the enforcement department of the OFT, the text below was quoted, explaining what is required.

 

“The copy of the executed agreement need not be an exact copy but it must be a ‘true copy’ and not some reconstruction of what the original might have been and it must contain the same terms as the original. Where the terms have been varied as provided for within the agreement, the copy of the original agreement must be accompanied by a document setting out the current terms, as varied. Certain details may be omitted from the original agreement eg the signature but the debtor must be in no doubt as to the true nature of his obligations under the loan.

 

Should no original agreement be in existence it is very hard to say that the copy the creditor offers to the debtor is, in fact, a true copy as there would be no original with which to compare it. In our view the onus of proof would be on the creditor to show that the copy is a true one and where none existed he may have difficulty discharging this. Neither should creditors suggest that a consumer has signed a credit agreement where they are unable to provide evidence to support this — to do so is likely to be a misleading action under Regulation 5 of the Consumer Protection from Unfair Trading Regulations 2008 (the CPRs) and would also constitute an unfair or improper business practice.”

 

 

I am now granting to you a further 7 days to produce a true copy of any executableagreement.After that I will consider that the above matter is closed and that you will no longer pursue the alleged debt.If you are insisting that the non enforceable reconstructed Application form with added Terms and Conditions that you have supplied, is the only alleged agreement in your possession, then I would suggest that the best course of action would be to immediately set the balance of the above account number to zero.

 

Yours sincerely

 

 

You could add that you want to view the origonal, but they will ignore your request.