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capital one cant provide copy of my agreement


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hello,i owe a substantial amount to capital one bank credit card,now capital one have requested me to make token payments to show my good will,im eventually going to challenge the debts enforceability.

would my agreement to pay token payment of one pounds monthly to capital one prejudice my enforceability challenge case.

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Yes - have you sent them a CCA request or SARS? :eek:

 

What is the timeline of the debt thus far?

 

 

i hope mike meant sar :lol:

 

ida x

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Yes - have you sent them a CCA request or SARS?

 

What is the timeline of the debt thus far?

 

Are you sure ?

 

I didnt think that by agreeing to pay token payments does indeed prejudice any enforecability case, after all the 'he has been paying us montly it must be valid' arguement has often been used by credit card companies but it has so far no legal standing.

 

Ive recieved both CCA (unenforceable as far as I can see) and SAR info and I'm also paying a token amount of £1, agreed via Playplan.

 

But I'm certain that I could claim that the agreement is unenforcaeble and send a 'in dispute' letter at a latter date.

 

Andy

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i don't think mike meant that as the way it read as i didn't think of it like that until you posted andy

 

glad you read it that way and clarified as i agree, with you Andy

 

ida x

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If you believe the agreement is not enforceable then you probably should stop paying them and put the account in dispute.

 

True...Im in situation now where I had agreement to pay them only £1 a month, and the interest is frozen and they leave me alone, Im sure the agreements are unenforceable but as soon as I dispute them I know what will happen, Ill be hassled all the time and have defaults put on my CR, and the moment I've settled for the quiet life and paying them £1 a month. If the £1 agreement should come to an end then I intend to fire off the in dispute letter.

 

Andy

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I did this and the DCA asked me to write to the original creditor to request a CCA. I haven't done so, and I haven't heard from them for a while... now the account is frozen and the DCA aren't seeking to enforce the debt or add charges or defaults.

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I am like andydd. I just pay £1 per month on a number of cards (all CCA requests sent, none complied with and account in dispute letters sent to them all). It gives me a quiet life.

 

If I get csome funds togeher I will try to settle with them (say I intend to stop paying you have no CCA, offer 5% of the amount claimed for a F&F, with them fixing my credit report) and see I can deal that way.

 

Otherwise, an aggregate £7 per month IN TOTAL is just bearable.

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I am like andydd. I just pay £1 per month on a number of cards (all CCA requests sent, none complied with and account in dispute letters sent to them all). It gives me a quiet life.

 

If I get csome funds togeher I will try to settle with them (say I intend to stop paying you have no CCA, offer 5% of the amount claimed for a F&F, with them fixing my credit report) and see I can deal that way.

 

Otherwise, an aggregate £7 per month IN TOTAL is just bearable.

 

Im glad im not alone, if others are in a similar situation, heres my tale... originally it was Eggs continually rising of my APR that forced me to come here and also get in contact with Payplan, with Payplans help I negotiated a plan of paying my creditors £10 a month, and the interest frozen, since becxoming unemployed this has now dropped to £1, apart from Barclaycard who want £7 and they havnt frozen interest, just dropped it to 2% or something.

 

It may be worth noting that i CCA/SARed them all before they agreed to reduced payments, I dont know ether this had any leverage or not, I suspect it may.

 

Andy

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Im glad im not alone, if others are in a similar situation, heres my tale... originally it was Eggs continually rising of my APR that forced me to come here and also get in contact with Payplan,

 

I saw a post in Credit Today:eek: recently, with a commercial credit controller from a company commenting on unenforceable agreements and the mess the C card companies had got themselves into.

 

Assuming he was real, he pointed out it was part of the card industries business plan to let people rack up enough debt so they can't pay it off in one go, then jack up the APR. Problem then is after having lent it cheap or taken a 0% transfer, if they then find they can't recover the debt.....ooooooops.

 

David

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  • 4 months later...

capital one have passed the 10k debt onto few different collection agencies who have not taken me to court yet.i have also moved address and not told them,

what can they do if they dont find me,can they get ccj on me if they cant find me.please advise

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what can they do if they dont find me,can they get ccj on me if they cant find me.please advise

 

It's possible. If court papers were sent to you previous address and the present occupants did not send them back ie - not at this address etc, then leagally they have been served.

 

As you would't know about it, they would get judgement by default. Cap one tend not to take people to court but they do sell debts to agencies who may take action with little warning.

 

David

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