Help and Guidance

[badfugazi]

Hi,

 

I have an ongoing CCA with CAP1 and need someone with more know how than myself to take a look at what they have sent me. I've looked at the threads on the site but am still not sure if this is an enforceable CA or not.

 

Depending on the answer guidance with my next step would be very welcome.

Credit Agreement.pdf

Page 1.pdf

Page 2.pdf

Page 3.pdf

[kurvaface]

I am not an expert, but that's an application form...there are not terms etc, interest rate, payment details.

Obviously you want to hear that from someone who is an expert:)

[badfugazi]

I am not an expert, but that's an application form...there are not terms etc, interest rate, payment dtails.

 

Thats what I was thinking but just needed someone else to take a look.

 

Any clue as to my next step?

 

 

Thanks for the reply:)

[silverfox1961]

I'm no expert either () but I know an application form when I see it

 

NO APR

NO Repayment terms and

NO Credit limit nor a statement saying one will be set.

 

Total unenforceble rubbish which is C®ap one's usual emissions.

 

While you can't stop them screwing with your credit file, you have a right to stop them doing so by automated means which means their computers cant mark your file and they have to do it manually

 

Guaranteed they will sell this debt on but we can deal with that when it happens.

 

fox

[kurvaface]

As I said, I aint no expert but even I think that isn't a cca. Have someone knowledgeable here check it first. I think then you write to them saying you do nothing because that isn't a cca.

 

I often wonder whether it's worth doing a Data Subject Access request to the original lender and specifically asking for a copy of the original signed agreement. If they don't produce one then they mustn't have one so you could then tell them to bogg off for good.

 

If they do produce then that's a different matter.

[silverfox1961]

 

I often wonder whether it's worth doing a Data Subject Access request to the original lender and specifically asking for a copy of the original signed agreement. If they don't produce one then they mustn't have one so you could then tell them to bogg off for good.

 

If they do produce then that's a different matter.

 

 

My opinion only but I think it's always good practice to send a SAR

 

In the meantime, if the account in dispute letter hasn't been sent, then now's the time.

[badfugazi]

My opinion only but I think it's always good practice to send a SAR

 

In the meantime, if the account in dispute letter hasn't been sent, then now's the time.

 

Thanks for the reply.

 

I did send a dispute letter when I got my first alleged copy, is it worth sending another one as they state in their letter that they will not respond.

 

Again thanks for the help.

[badfugazi]

As I said, I aint no expert but even I think that isn't a cca. Have someone knowledgeable here check it first. I think then you write to them saying you do nothing because that isn't a cca.

 

I often wonder whether it's worth doing a Data Subject Access request to the original lender and specifically asking for a copy of the original signed agreement. If they don't produce one then they mustn't have one so you could then tell them to bogg off for good.

 

If they do produce then that's a different matter.

 

That sounds like a plan to me!

 

Thanks for the help:)

[kurvaface]

Yes. Send it recorded delivery.

 

If they keep pressing for payment or they pass the account on, report them to trading standards.

 

the number is:

 

08454 040506

 

I would report them anyway, because what they have sent you is not what you asked for in your cca request.

[badfugazi]

Yes. Send it recorded delivery.

 

If they keep pressing for payment or they pass the account on, report them to trading standards.

 

the number is:

 

08454 040506

 

I would report them anyway, because what they have sent you is not what you asked for in your cca request.

 

I will try to get that sent today, if not Monday should be intresting to see what comes back.

[badfugazi]

Had a letter today from f.t.c. telling me to make any payments to them direct and not to Cap1. The still want the cheque's made out to Cap1 but give me a PO box in hampsted to send them to. I have also had severel phone calls from Capquest whose company address is at the bottom of the f.t.c. letter stating that f.t.c. are a division of Capquest. Have Cap1 sold the account on? or is this still an in house matter with Cap1.

 

Hope this makes sense as I am a bit confused as to who I am now dealing with.

[silverfox1961]

It sounds like ftc are collecting on behalf of Crap1 as they want the cheques made out to Crap1 so the account hasn't been sold.

 

I think a "bemused letter" is in order, letter 17 here:

 

The Consumer Forums - Debt collectors

 

This should be handled within Crap1 and not passed to any fly by night crappy debt collector.

[kurvaface]

Did you do a SAR?

[badfugazi]

It sounds like ftc are collecting on behalf of Crap1 as they want the cheques made out to Crap1 so the account hasn't been sold.

 

I think a "bemused letter" is in order, letter 17 here:

 

The Consumer Forums - Debt collectors

 

This should be handled within Crap1 and not passed to any fly by night crappy debt collector.

 

Thanks for the help, I will send it tomorrow.

[badfugazi]

Did you do a SAR?

 

No.

 

Is it worth while?

[kurvaface]

Depends how you look at it.

 

If you are satisfied that the application they have sent you is the total basis on which they are hounding you then probably don't do one.

 

On the other hand, it may be worth foing a SAR to the original creditor, because then you can see all their cards should it ever have to go to court. At least for £10 you can get a total view of everything.

[GARY68]

Hi Badfurgazi,

silverfox is correct,you have an application form sent to you and you will recieve nothing else because they will hide behind the fact that this is all they have to send you under78 1974 and they may be correct but they wouldnt be able to enforce this in court,

Kurvaface is advising you to sar and i would also advise this,(even cap one have in there letter above) it is better to see what they have and also you can work out your charges, so money well spent.

Depends what you want out of this and how good your credit rating is at the moment,

Be prepared for sending letters to and fro and fobbing the odd dc's off (Debitas/Capquest) along the way.

Be prepared for a long battle with a bad credit rating on the account and possibly a default,

I say this not to put you off but to make you aware, out of experience,

having said that, you really are in the best place to have all this dealt with as it happens.and help is always here

 

SUBBING.

[badfugazi]

Depends how you look at it.

 

If you are satisfied that the application they have sent you is the total basis on which they are hounding you then probably don't do one.

 

On the other hand, it may be worth foing a SAR to the original creditor, because then you can see all their cards should it ever have to go to court. At least for £10 you can get a total view of everything.[/quote

 

Yes I see what you you are saying.

 

I will send on off asap.

 

Thank you for the help.

[badfugazi]

Hi Badfurgazi,

silverfox is correct,you have an application form sent to you and you will recieve nothing else because they will hide behind the fact that this is all they have to send you under78 1974 and they may be correct but they wouldnt be able to enforce this in court,

Kurvaface is advising you to sar and i would also advise this,(even cap one have in there letter above) it is better to see what they have and also you can work out your charges, so money well spent.

Depends what you want out of this and how good your credit rating is at the moment,

Be prepared for sending letters to and fro and fobbing the odd dc's off (Debitas/Capquest) along the way.

Be prepared for a long battle with a bad credit rating on the account and possibly a default,

I say this not to put you off but to make you aware, out of experience,

having said that, you really are in the best place to have all this dealt with as it happens.and help is always here

 

SUBBING.

 

I will send on off asap and see what comes back, am I right in thinking that they have 40 days to comply?

[kurvaface]

Yes 40 days.

[badfugazi]

Just as an update.

 

Sent the "Return account" to Capone letter in response to FTC and also sent no doorstep callers letter as they had said they would send someone round.

 

Got a we have put account on hold and will contact Capone.

 

SAR sent on the 16/02/10 recorded delivery.

[badfugazi]

Just got a letter from Capone regarding the SAR request.

They say that as my signature on the request is not the same as the copy that they have on file they will not process my request until I send them another copy of my signature.I did change my signature as I don't trust them not to do a "photoshop job"

 

Can they do this?

[kurvaface]

Complain.

 

They cannot correspond personal details to you at your address on the one hand and on the other say they will not comply with a sar at the same address.

 

Write to them saying theat they have already ascertained who you are by corresponding with you already. Inform them that the clock is still ticking and that they have until (40 days after you sent sar) to fully comply or you will be escalating to the courts. In the mean time complain to the ICO.

 

It is possibly a myth, possibly true, that dcas have copied signatures onto blank documents in an attempt to make an enforceable agreement. Do not give it to them. You do not have to.

Edited March 2, 2010 by kurvaface

[badfugazi]

Complain.

 

They cannot correspond personal details to you at your address on the one hand and on the other say they will not comply with a sar at the same address.

 

Write to them saying theat they have already ascertained who you are by corresponding with you already. Inform them that the clock is still ticking and that they have until (40 days after you sent sar) to fully comply or you will be escalating to the courts. In the mean time complain to the ICO.

 

It is possibly a myth, possibly true, that dcas have copied signatures onto blank documents in an attempt to make an enforceable agreement. Do not give it to them. You do not have to.

 

Thought that was the case, just wanted to make sure of my facts before replying.

 

Thanks for the help.

[badfugazi]

Thought that was the case, just wanted to make sure of my facts before replying.

 

Thanks for the help.

 

 

Hi Again.

 

Got a reply from Capone saying that they still need a copy of my signature on a passport or driving licence. I was going to send them a copy of the application form that they sent me as my CCA. Do you think that they will accept that?