Capital 1 CCA - Could someone check if enforceable please?

[rockwell304]

DD, thank you again for your help. I will be making a donation here in the next few days to say thanks.

 

As a matter of interest, if an agreement is found to be fully enforceable what are the options open, if any, to a debtor with an OC/DCA chasing? I would like if possible to avoid court action but not sure what my strategy/response should be.

 

Thanks for the link, I'll do some reading over the weekend!

[Desperate Daniella]

If it's enforceable then you'll have to come to some repayment terms with them. If you can get a lump sum together you might be able to get them to agree to a much reduced full and final settlement.

 

For the time being however you can definitely ask to view that agreement and if they don't want you to do that it will indicate that something isn't right.

 

I've asked on Sunflower's thread about a 2006 agreement and you may find something comes in over the weekend.

 

Enjoy the reading!!

[Huff&Puff]

There's some good info on DNs here, but I'm struggling to find out whether an actual date is required or not. I was under the impression that it was though, because it's where a lot of DCAs seem to come unstuck.

 

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft1002.pdf

[rockwell304]

Thanks Huff, I'll have a wade through this tonight. DD has also given me some good info and threads to follow. I have not made any moves yet re penalty charges, I may give it a few weeks and do an SAR.

I'm not sure how aggressive or proactive Capital One are likely to be, particularly as they believe they have an enforceable agreement - although DD is suspicious. Her suspicion along with others helped identify a potentially unenforceable Barclaycard agreement.

 

What agreat site! without you people here I really would be deep in the mire! not out of it yet but slowly learning to fight back!

Thanks everyone!

[Desperate Daniella]

Good.

 

I've found a June 2006, but haven't seen it yet. Will get back to you.

[No Money Hony]

Hi everyone

 

New to this site only second post

Hope this helps

 

Captial One CCA from June 2005

Capital_One_CCA[1][1].pdf

[rockwell304]

Hi everyone

 

New to this site only second post

Hope this helps

 

Captial One CCA from June 2005

 

Hello Hony,

 

Thanks for your help,

 

At first glance mine would appear to be identical to yours; have you confirmed yours is enforceable?

[No Money Hony]

Hi rockwell304

 

My pleasure:-)

 

Not shore if it's enforcableable or not???

[Desperate Daniella]

Hi No Money Hony,

 

I couldn't open it. I had the same problem with Rockwell's pdf.

 

However, I have seen the other agreement now which appears to be enforceable.

 

However, you still have the right to see it. I'm not certain what's happening with the other CAGger. I'll get back to you.

[rockwell304]

Hi rockwell304

 

My pleasure:-)

 

Not shore if it's enforcableable or not???

 

Hi Hony,

 

Do you mind me asking, have you challenged this agreement or is it acknowledged to be fully enforceable.

[Desperate Daniella]

Morning rockwell,

 

Have you got your statements from March 2006 onwards? Was the balance transfer rate of 0% really offered for 15 months - to July 2007? That seems like a very long time.

 

DD

[rockwell304]

Hi DD,

 

No, I have not kept these statements but I have a feeling they may have offered this, although I would not have been attracted by this as I did not have any other balances to transfer over. An SAR will show this I guess.

 

If for any reason this is exposed as a "cut & paste" its certainly a lot more professional than the Barclaycard effort you rumbled for me!

[pedross]

I agree with you DD that the layout looks strange.

 

However, I see someone has posted a good copy of a similar one which does appear to make it look genuine. Then I thought you had a good idea with the 15 months but I found the article below. My gut feeling tells me there is something wrong but I am not sure what.

 

Has anyone posted regarding a contract containing unfair terms? I also see there is an option for PPI. I am not sure now on this agreement, it does look OK.

 

Pedross

 

 

 

15-month 0% card is back

 

Michael Clarke, This is Money

10 April 2006

 

 

CAPITAL One is relaunching its 15-month interest-free balance-transfer credit card in a move that will be welcomed by beleaguered rate tarts.

The Capital One Platinum card offers 0% interest on balance transfers until 1 August 2007, although it does charge an uncapped fee of 2% for the privilege.

 

Five months ago, Capital One scrapped its original 15-month offer from general sale, although it has continued to offer the card to selected customers through direct advertising.

 

The Capital One card has a typical APR of 15.9% and three months' interest-free credit on purchases. Capital One's Justin Basini said: 'An interest-free period is one of the main attractions of a credit card balance transfer offer, but the majority of these last for only six months or less.'

[Desperate Daniella]

Hi rockwell and pedross,

 

This does look a far more professional job than MSDW - though that isn't hard. Like pedross I think there's just something that doesn't look right.

 

It was around this time that the law changed, I think ???, and I thought changes came in around April 2006, but this agreement is date-stamped March which is a bit strange.

 

The 2006 I thought I'd got was in fact 2007, so we are still looking for a March 2006 agreement.

 

You could start a new thread, rockwell: Anyone got a Capital One Agreement from March 2006?

[Desperate Daniella]

If we go back to Pinky's post #10, she says that Capital One agreements after 2006 were compliant, but when exactly did they change them? That is important because as we all know a number of banks are moving signatures around, so unless you can remember signing this it may be that your signature is now on a document which wasn't in use in March 2006.

 

Don't want you clutching at straws, rockwell, but it's all a little curious.

 

What was the exact date of your agreement, NMH?

[No Money Hony]

Hi rockwell, DD

 

Apologies for not getting back to you sooner and also about the probs with my PDF file,

I hope this one works.

 

I have the original letter from Capital One and agreement you know the one's:-

We've enclosed 2 copies of the credit agreement blah blah blah

Read, sign and return the ageement with yellow band, the second plain

agreement is for you to keep.

 

Ok regarding the layout of the agreement. The original agreement that came with the letter that I kept in 2005 is 14 inches long, approx 2.5 inches longer than A4 paper, so I think they have shrunk it down to fit onto A4.

 

I hope this helps

If there is anything I can help with regards the original JUST ASK:)

 

Regards

No Mony Hony

Capital_One_CCA[1][1].pdf

[rockwell304]

Hi DD,

 

The agreement is signed by me on 13th March 2006. Not sure exactly as it was 4 years ago but I believe I signed an application form, not an agreement.

 

Thank you for your efforts on this.

[Desperate Daniella]

Have you got a thread, NMH? I've tried again to open your file and it just keeps saying it's damaged.

 

Is yours exactly the same as rockwell's? Very strange layout, don't you think?

 

DD

[rockwell304]

Hi rockwell, DD

 

Apologies for not getting back to you sooner and also about the probs with my PDF file,

I hope this one works.

 

I have the original letter from Capital One and agreement you know the one's:-

We've enclosed 2 copies of the credit agreement blah blah blah

Read, sign and return the ageement with yellow band, the second plain

agreement is for you to keep.

 

Ok regarding the layout of the agreement. The original agreement that came with the letter that I kept in 2005 is 14 inches long, approx 2.5 inches longer than A4 paper, so I think they have shrunk it down to fit onto A4.

 

I hope this helps

If there is anything I can help with regards the original JUST ASK:)

 

Regards

No Mony Hony

 

Hi Hony,

 

Mine would appear to be exactly the same as yours in every detail. I would be interested to hear where you are now with this!

 

As you know DD has her suspicions about these agreements, I'll go to your thread and do some long overdue reading!

[rockwell304]

Have you got a thread, NMH? I've tried again to open your file and it just keeps saying it's damaged.

 

Is yours exactly the same as rockwell's? Very strange layout, don't you think?

 

DD

 

 

Hi DD,

 

I have had a look at NMH's agreement and it appears to be exactly the same as mine although NMH's is from 2005. I asked NMH if they had challenged the agreement but no response as yet.

 

As you suggested, if anyone has a Capital One agreement from March 2006 we could compare.

[rockwell304]

There's some good info on DNs here, but I'm struggling to find out whether an actual date is required or not. I was under the impression that it was though, because it's where a lot of DCAs seem to come unstuck.

 

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft1002.pdf

 

Hi Huff,

 

Thank you for this, oft seems to indicate a precise date must be specified in the DN. It would appear rectify by 14 or 28 days may not be sufficient.

"Clutching at straws" again maybe!

 

DD,

 

I have checked as many Cap 1 threads as possible but cannot find any information relating to Pinky's statement that all Cap 1 CCA's were compliant from 2006. It would be good to discover exactly when in 2006!

I would really like to figure this out as so far I have not responded to Cap 1 since agreement received.

 

All the best,

R

[Desperate Daniella]

Hi Rockwell,

 

You need to keep bumping your new thread. Different caggers are on at different times.

 

Don't worry too much about responding to capone.

 

DD

[rockwell304]

Hi DD,

 

A quick question if I may, would now be a good time to send a SAR to Capone?

 

Snow, sleet, rain and hailstones in wild coastal East Anglia today!

[Desperate Daniella]

And it's cold, wet and freezing in London too.

 

You could send them a SAR. I am having such problems with PDFs. I can now open NMH's, but not your page 2 of the agreement. I'll keep trying.

 

DD

[RoyalIrish]

Subbing!