Trout V Cap 1

[trout]

I have a Capital One credit card from pre 2007 so it is possible that they won't have a true signed agreement.

 

 

This I would like to query,

 

 

however on my initial and subsequent cards and statements they have mis-spelt

my first name.

 

 

How would this affect my case ?

[PGH7447]

only way to find out is to cca them

[trout]

Thanks for the reply PGH7447,

but then what ?

 

 

Part of my concern is that they will try to say that I have committed some kind of fraud

by using the card with a mis - spelt name which would be wrong.

 

 

The only thing I want to address is whether or not I have a valid cca

and if not then I would like them to repay all interest paid over the years towards

settling the outstanding balance which is significant.

 

 

What if they demand full payment once they realise the error ?

[PGH7447]

they wont, send a cca and see if the agreement is a valid one, mispelt names are common

[trout]

Sorry for being very defensive, but why won't they ( ie case law )

[davefirewalker]

Hi Trout

 

yes ....nothing to worry about here.....as the previous poster said misspelt names are common. my missus had an account under the name chirstina...her name was christina....its what you put on the application form that matters.

 

CCA them and see what turns up

 

Dave

[trout]

Thanks to you both,shall do.

[antibank]

I can 100% say you wont get the intrest back

[Jameson78]

my nickname was used to open my account like Billy for William - If the CCA is valid then the name error is not enough to deem the agrement unenforceable.

 

You have to CCA them to see if it has all the prescribed terms. That's the most important thing to determine. The actual CCA - Forget about the name error.

[trout]

What makes you say that antibank ?

[davefirewalker]

I can 100% say you wont get the intrest back

 

depends on the cca, if its enforceable and how you go about it.

 

first and foremost ....get the cca, post it here and we'll have a look.

 

we can argue the toss all day, the cca is what we need to see. all decisions can then be made. but I will say one thing, it is "unlikely" but not impossible that you'll get any money already paid, back. there are precedents that would allow it, but thats for the future.

 

Dave

[trout]

Thanks again Dave, I'm in the process of doing that.

[trout]

Hi,I cca Cap 1 and received this :

 

 

and:

 

 

 

I then put the acc into dispute,and to day received the following ;

 

 

 

 

 

together with 6 pages of t & C's which may or may not relate to any alleged agreement.

 

Is the above enforceable.

 

Thanks,

 

Trout

 

Cap 1 sent this after I cca them

 

 

 

 

 

I then put the acc into dispute and they have now sent me this

 

 

 

 

 

along with 6 typed pages of t & c's

 

could someone please advice how to proceed from here

 

Anyone ?

[davefirewalker]

Anyone ?

 

I'm in the middle of something..but I will give it a look over later....looks like one I'm doing for a friend

 

Dave

[trout]

Thanks Dave

[davefirewalker]

Ok....sorry its been a while....got really tied up in work....didnt have time to think

 

You have to make a decision....!!!

 

on the face of it, the APPLICATION form you filled in DOESNT have the prescribed terms, although it makes reference to terms elsewhere.

 

It doesnt make reference to terms overleaf......so the terms were certainly not "within the four corners" of the agreement. Also on the second page of what you posted they make reference to not being able to determine your repayment schedule etc....this sounds like they DONT have the original terms

 

Dont get misled by the "four corners" routine it doesnt mean on the same page....but it must be WITHIN the document and NOT in an ancilliary document.

 

A document can run to many pages....but yours just seems to be a "short application" form............so

 

As I said you have a decision and its not one I can make for you

 

you can take a chance and stop paying in the hope that they will take you to court. Your credit will be trashed for 6 years, but it probably is already or you wouldnt be on here.......this is ok as long as you dont need a mortgage or want credit cards or a loan.

 

IF they decide to take you to court, you can ask them to supply the original documents and original terms.....read the thread dealing with http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/240186-dissecting-manchester-test-case.html as to what they must supply.

 

since the manchester judgment (Carey -v- HSBC) things have changed.....they can supply crap to a S77-79 request, but must prove their case with originals or at least verified copies of the originals......

 

whether the judge accepts what they present, is anyones guess......

 

If they havent got the paper work right you "should win".......unless the judge thinks you are a chancer and out to avoid the debt !! it seems sometimes that the law does not apply as it should do, but personal bias plays a great part.

 

As I said ......only you can make the decision.......ask yourself the question "do I feel lucky"

 

the agreement stinks.......your choice

 

sorry couldnt have been any more help

 

Dave

Edited February 9, 2010 by davefirewalker

[trout]

Many thanks Dave for your time and input.

 

As you said I had to make a decision.

 

Well, I'm now going to put the acc into serious dispute.

 

Am I a chancer ?

 

Yes I realise I've got myself into the financial mire,yes I'm trying to dig

myself out of a very large black hole,but,and it's a big but,the various

credit card companies knew my financial circumstances and used this for

their own financial gain.If in doing this they used methods that now leaves

them with a problem,then in all honesty I don't care anymore.Having had

more sleepless nights than I can remember and having suffered ill health

because of the stress I feel that I don't really have any other options.

 

Again, I really appreciate yours and everybody elses help on here,and I will post up any further developments in due course.

 

 

Stay lucky,

 

Trout

[trout]

Hi,

 

What constitutes contacting a Creditor / Acknowledging a debt as far as SB is concerned ?

 

eg does a CCA request to the original or assigned creditor count ?

 

Does accepting unlawful termination count ?

 

Does in any way disputing the account count ?

 

thanks

[dx100uk]

Hi,

 

What constitutes contacting a Creditor / Acknowledging a debt as far as SB is concerned ?

 

eg does a CCA request to the original or assigned creditor count ? no

Does accepting unlawful termination count ?no

Does in any way disputing the account count ? might

thanks

 

 

what is your issue please

full story

[BankFodder]

Your questions are a bit vague so it's not completely possible to answer them.

 

Certainly, asking for a CCA does not acknowledge a debt.

 

You have to give us a bit more detail

[BankFodder]

Whooops - deja vu!

[dx100uk]

[trout]

The debt is related to a Capital One credit card taken out pre 2007.

 

In November 2009 I sent them a S78 request.

 

I received a recon from them in December 2009 which I disputed

 

They then sent a copy of an application form which lacked the prescribed terms stating that was my agreement in January 2010

 

In March 2010 they issued a defective DN

 

In April 2010 they terminated

 

I accepted their termination in August 2010

 

Debt eventually assigned to Lowells, I sent them a S78 request and got the same rubbish back.

 

Lowells have sent various letters offering discounts etc but I have not contacted them other than the s78 request.

 

last payment was early November 2009

 

Cheers

[dx100uk]

when was your last payment

old and new threads merged

[trout]

last payment was early November 2009