Cap One/ Dodgy Agreement/ Lowell

[wednesday1867]

Hey all

 

My problem with Capital One goes back a few years, to be honest i thought it was done, but there you go, hence why i'm again asking questions

 

Sent Cap One a CCA, they provided the agreement below, i ceased payment as the account wa sin dispute and they provided what i think is an unenforcable agreement.

 

The account then got passed to Lowell Financial, who i last heard from January 2009, i asked them for an agreement, didn't hear anything til this week.

 

They sent a copy of the agreement with a page of T&C's stapled to it. Requesting payment within 7 days (even thought they pasted 4 days after the date of the letter )

 

Is the legal stuff all the same, is that document unenforcable as an agreement? Should i be worried by their threats of court action, or should i just reply to them saying its unenforcable on these points and until such time they produce one the account will stay in dispute?

 

 

This is the agreement

 

 

 

 

Thanks for any help or info

[Blondmusic]

My friend got one of those exactly the same and i was told it was unenforceable cos it didnt have all the terms and conditions (dont quote me on that). Are the Terms and Conditions on 1 page? If so then they dont have all the T & C's as they should have spanned several pages of text.

 

Someone who knows more about Cap One Agreements should be along soon to confirm if this agreement is enforceable or not.

[wednesday1867]

Thanks for the reply, i was told it was unenforcable too, the last reasons i gave were, that the document is a pre contractual application/agreement.

 

Its just i haven't heard from them in over a year, i don't know if its just housekeeping they are doing or not, but want to make sure nothing has changed legally in that time, can i still say its a pre contractual application and keep the account in dispute up until such time an enforcable agreement turns up? Or have things changed now and i should recommence payment?

 

Thanks