Mrs Ms son

[MandM]

Hi, sent CCa to capitalone and SAR received reply to CCA could some one look at this even if it is only for a laugh.

 

 

 

 

 

What planet are these people living on.

 

what should i send now,

Edited December 8, 2009 by MandM
adjusted layout

[MandM]

As you can see from the letter thy are trying to say that they do not have to show an agreement with the signatures and personal details, why it is what we have askd for.

[MandM]

Bump

[usaname]

As you can see from the letter thy are trying to say that they do not have to show an agreement with the signatures and personal details, why it is what we have askd for.

 

They don't have to provide the signatures. The statement they make about Regulation 3 in their letter is correct.

 

It is somewhat unfair as only they know if an enforceable agreement exists in the event of needing a court to decide on enforceability. Are you feeling lucky? Are you confident in calling their bluff? Do they have your signature or not?

[silverfox1961]

I would be sending them this (just as a wind up but you never know)

 

Dear Sir/Madam,

 

 

To avoid any confusion on either side could you please return this form with the relevant details completed.

 

 

 

1. Do we have a fully compliant, signed agreement in accordance with the CCA 1974
   

 

 

YES/NO*

 

 

2. If yes, are we prepared to send this to you

 

 

YES/NO*

 

 

 

1. If no, we will happily go forth and multiply and not bother you again with any more stupid, irresponsible telephone calls and letters pretending to threaten all sorts short of taking your first born.
   

 

 

YES/NO*

 

 

 

 

* Delete as appropriate

 

 

:-D

[MandM]

I would be sending them this (just as a wind up but you never know)

 

Dear Sir/Madam,

 

 

To avoid any confusion on either side could you please return this form with the relevant details completed.

 

 

 

1. Do we have a fully compliant, signed agreement in accordance with the CCA 1974
   

 

YES/NO*

 

 

2. If yes, are we prepared to send this to you

 

 

YES/NO*

 

 

 

1. If no, we will happily go forth and multiply and not bother you again with any more stupid, irresponsible telephone calls and letters pretending to threaten all sorts short of taking your first born.
   

 

YES/NO*

 

 

 

 

* Delete as appropriate

 

 

:-D

 

:D:D It's tempting - do you think they'll answer? lol

 

M

[silverfox1961]

Of course they will answer, albeit two months later and with nothing that refers to the previous letter.

 

This IS CAP1 we are talking about. One of the leaders in utter bovine excrement

 

Does anyone remember a party game where you give the answer to the question before this one. This is how CAP1 work

 

Letter one. Do you have an agreement?

 

Response one. ERM no there can't be one!

 

Letter 2. This account is in dispute!

 

Response Yes!!

 

Does this sound familiar

[usaname]

I can never understand why they, and others, hide behind the 'we are allowed to withhold the signatures'. Surely it's much easier and quicker to leave the signatures on rather than remove them. Or, perhaps, it's too difficult for them to put it on.

 

Who are they protecting, do they think that you don't know what your own signature looks like? I'm sure that a fraudster trying to obtain a copy of a signature wouldn't write to a financial institution to try and get it.

 

You could write and ask them to provide the signature(s) so that you can verify that it was you that signed it. Don't hold your breath, though.

[MandM]

Thanks usaname, and Mr Fox (have read your posts elsewhere on Cag with interest )

 

Will see where this one goes and start the fight

 

M

[MandM]

I have drafted this letter does it look ok or is it too much. Do I have to send another £1 to them.

 

 

Dear Sirs

 

Account number *************

 

I write with regards to the above account with your organisation.

 

I respectfully request that you provide me by return a copy of the credit agreement which bears my signature. I require this as I have reason to believe that there may be discrepancies within the agreement which may leave it improperly executed

 

I would also like to see the relevant PPI section.

 

Obviously if the agreement is improperly executed I would be entitled to ask the court to consider the agreement and make a declaration of the rights of parties to the agreement.

 

I must stress this request is NOT made pursuant to section 78 Consumer Credit Act 1974 but is made pursuant to the Civil Procedure Rules ( Pre action protocols and Part 31.16) and therefore an unsigned copy will not suffice, only a copy of the original contract in its unaltered form will suffice in these circumstances

 

Please confirm if you still hold a copy of my signed agreement and that you will provide me with this document.

 

I do not view this as an unreasonable request given that by supplying the document which I have asked for it will allow me to assess if my case has merit and will help to resolve matters possibly without the need to involve the court and will undoubtedly save costs on both sides

 

I look forward to your reply and would ask for a response by 30/12/09

 

Regards

　

 

 

 

 

[MandM]

can anyone tell me how to sort out my thread as the pages are very wide and i dont know if i can edit

 

NOW SORTED!! so ignore this post

 

 

Mrs M

Edited December 8, 2009 by MandM

[MandM]

I have drafted this letter does it look ok or is it too much. Do I have to send another £1 to them.

 

 

Dear Sirs

 

Account number *************

 

I write with regards to the above account with your organisation.

 

I respectfully request that you provide me by return a copy of the credit agreement which bears my signature. I require this as I have reason to believe that there may be discrepancies within the agreement which may leave it improperly executed

 

I would also like to see the relevant PPI section.

 

Obviously if the agreement is improperly executed I would be entitled to ask the court to consider the agreement and make a declaration of the rights of parties to the agreement.

 

I must stress this request is NOT made pursuant to section 78 Consumer Credit Act 1974 but is made pursuant to the Civil Procedure Rules ( Pre action protocols and Part 31.16) and therefore an unsigned copy will not suffice, only a copy of the original contract in its unaltered form will suffice in these circumstances

 

Please confirm if you still hold a copy of my signed agreement and that you will provide me with this document.

 

I do not view this as an unreasonable request given that by supplying the document which I have asked for it will allow me to assess if my case has merit and will help to resolve matters possibly without the need to involve the court and will undoubtedly save costs on both sides

 

I look forward to your reply and would ask for a response by 30/12/09

 

Regards

　

 

 

 

 

 

Bump

[silverfox1961]

personally, I can't see anything wrong with it

[MandM]

Thanks silverfox, will send the letter now

 

 

Mrs M

[usaname]

Looks good to me. Personally, I wouldn't send another £1, as they have failed to provide the correct information in the first place.

[MandM]

Thanks usaname. will send the letter and wait for the fight.

 

 

Mrs M

[pumpytums]

Crap1,

have so far sent nothing to my CCA, SAR & LBA. The only thing they sent was 3 letters saying my signature didnt match what they had on record and could I send a copy of passport or drivers licence.

The only other thing they did was get there DCA to threaten me with a charging order which was nice. They never asked for a signature. Bless em.

 

 

Pumpytums

[MandM]

Oh well, letter sent . Let's see what happens.

 

Mrs M

[MandM]

HI everyone

 

Received a reply from Crap one they sent a copy of the signed agreement can someone have a look and see if it is right.

 

 

 

 

 

 

 

Not sure why they did not just send this at the begining if they had it.

 

Mrs M

[MandM]

One more point to make I dont see anywhere on the agreement about the PPI he has been paying

 

Mrs M

[silverfox1961]

I thought you might like to have a look at this thread as it is on a similar vein to yours.

 

http://www.consumeractiongroup.co.uk/forum/capital-one/224281-ngj-cap1.html

 

If you click on the links in the first post, you will see a striking similarity to the cr*p they have sent you.

 

Having looked a these "agreements" a lot, I don't see any reference to any terms and conditions "overleaf. All it says is that you have read the terms and conditions which mean bu**er all.

 

It is devoid of

The APR

Credit limit (or a statement saying one will be set)

Repayment terms

 

So basically and in my very humble opinion, it's a pile of poo

[MandM]

Thanks Silverfox

 

I am still waiting for the SAR from them so I can work out what they owe him for ppi. Should I wait until the time out and combine the letters or should I hit them now with the CCA is rubbish letter and sort out the ppi later.

 

Mrs M

[MandM]

HI,

 

Sorry have just realised that the SAR request was due end of December what should I do now.

 

Mrs M

[silverfox1961]

Thanks Silverfox

 

I am still waiting for the SAR from them so I can work out what they owe him for ppi. Should I wait until the time out and combine the letters or should I hit them now with the CCA is rubbish letter and sort out the ppi later.

 

Mrs M

 

Up to you really

 

HI,

 

Sorry have just realised that the SAR request was due end of December what should I do now.

 

Mrs M

 

 

Formal complaint to Crap1 giving them 7 days to respond. They have had enough time.

[MandM]

Thanks

 

Any ideas on the sort of letter I should be sending or could you point me to a link.

 

Mrs M