Capital One CCA Request - Can someone advise me please.

[Zaraphin]

Story so far.... Due to illness found that we could no longer keep payments up to Cap 1 tried the nicely nicely aproach hopng that because we had been good customers for at least 8 years they would try and help with a little leeway (HOW WRONG WAS I..THEY JUST DONT CARE).

Sent Bryan Carter CCA request in May 09, Bryan Carter replied stating that it was not up to them to supply CCA, wrote back to them stating that it was there place to send CCA.

Anyway next I hear Bryan Carter is no longer dealing with this account he has sent it back to Cap 1.

Wrote to Cap l in July stating that them or Bryan Carter had not supplied me with a copy of CCA, cheeky buggers wanted another £1 to comply...anyway sent another £1 Postal Order for a copy and this is what I have received (see below) can anybody advise me what to do next.

I have sent for charges also and they have refused saying they will not pay what I am asking for but sent a drastically reduce offer which I refused and now FOS is taking this complaint up on my behalf but not sure what to do regarding CCA. This account was taking out in 1991.

Any guidance would be greatly appreciated.

 

Copy of CCA 1

Copy of CCA 2

Copy of CCA 3

Copy of CCA 3

[silverfox1961]

Hi,

Crap1 are one of the biggest load of bankers (deliberate misspelling ) I have ever come across.

 

The documents they have sent you are not what you asked for but they have (sort of) complied.

The way to find out for sure if they have a copy of your agreement, is a SAR.

 

You could always try this:

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html

 

Only go down this route if you intend to follow through to court if necessary.

 

With your charges, they usually offer the difference between the original charges and the £12 they are charging now. The only way I have seen so far is to serve court papers on them. They tend to settle before it gets into the courtroom.

 

fox

[johndeevoy]

I don't think they have complied with the request. Those T&C are current ones as they refer to the the standard 12pound charge whereas the OP says they have been with CapOne for many years.

 

To comply with a request under s77/78 the creditor must send a true copy of the executed agreement, this means a copy of the agreement at the time it was executed in addition to any subsequent changes of T&C.

 

Scots, you say you took this card out in 1991 and those are definately not T&C from 1991. If you did not sign any new agreements in the meantime it would appear that the documentation that they have sent does not meet their obligations under s77/78.

 

There is a good chance that they no longer hold the original agreement and if that is the case they are stuffed. Read the link as posted above by silverfox and send a SAR to see what documentation they really have.

[Zaraphin]

Hi folks a wee update on the Cap 1 front.

 

Received a letter from financial Ombudsman today saying Cap1 shall refund my charges I am so glad I kept at it as even although I shall not get any money back this nearly clears my account.All but a couple of hundred pounds.

 

If anybody out there has been getting stupid letters from Crap One stating because they charges were for £12.00 they were legal then they are talking aloadof crap as all my charges were for £12.00 and I got over a £1,000 back (dont want to give exact figures in case they are watching). Without this site this would have been impossible not got much money just now but a small denotion on its way through paypal.

 

Every one keep at them don't let them grind you down they nearly did that to me. WIthout this site this would ahve been impossible not got much money just now but a small denotation on its way to CAG by paypal for everyones help. I suppose every penny count to keep this site open so no matter how much you can give smallor large it will help other people to help you.

CHeers

AFW

Edited September 15, 2009 by Zaraphin
oops spelling mistakes...