Signed CCA from Crap One but..

[discod]

not my partners signature even though its signed in his name,what to do please??

[silverfox1961]

Keep it safe for evidential purposes and send them an A/C in dispute letter.

 

I would report them to Trading Standards and the OFT

[angry cat]

Let them go a little further...dig themselves a nice big covert hole!

[discod]

LOL thanks guys,il send the account in dispute letter and wait some more

[discod]

Hmm just looking at the account in dispute letter and it seems you send that if its been passed on to a DCA.I need something that says its not a true copy because its not the proper signature??

Any advice is great ta

 

Just looking at the letter again,they entered it into default on 8th December 2009 and states that under section 28 they are not required to provide a copy of the default notice and statement of default.

It took them over a month to send the CCA agreement and what they did send is not my partners true signature and now this morning he has received a CapQuest Debt Recovery letter

Edited February 18, 2010 by discod

[discod]

anybody please?

[craigers]

Capital One say they don't need to send a default notice? Or the DCA?

[Pinky69]

They have sent an document with a false signature as an instrument for claiming money - that is fraud. I would make a formal complaint to the police and even if they aren't interested, you can tell Crapquest's Complaints Department that the alleged agreement for this alleged debt is fraudulent in that the signature is not your partner's and you have reported the matter to the police. You trust that settles the matter.

[discod]

Capital One say they don't need to send a default notice? Or the DCA?

 

Capital One have written it on the back of a letter about default notice,thank you both for your advice.I would like however to write some sort of letter letter Cap One that the signature is not my partners and therefore the CCA is void.

Should I also send the DCA an account in disupte letter? thanks xx

[craigers]

letter about default notice

 

Can you post a copy of this letter on here?

[discod]

Can you post a copy of this letter on here?

 

 

Will do give me 20 mins

Right cant get scanner to work so il write it out here...

 

I write in response to your requset for a copy of your executed agreement and statement of account under section 78 (s78)of the CCA act 1974.

You are correct in stating that we do not need to request a signature for your request under S78nof the CCA.However for data protection purposes we request a signature to confirm your identity.As your address matches the one we have on the system I will proceed with your S78 request..

I enclose a scanned copy of your original agreement with Capital One.Please note that this sets out your name and address at the time you entered into your agreement with Cap One.Prior to signature you were provided with a full copy of the terms of your original agreement to keep and were sent a further copy of your original agreement with your credit card. (the application was done online and my partner does not recall signing anything)

I also enclose a S78 statement of account which is set out at the end of this letter.

 

We are currently in the process of retrieving a copy of your current terms and conditions and will send this to you shortly. The balance on your account remains due and owing and it is important that you continue to make at least the minimum amount set out in your monthly statements. Failure to maintain payments may result in collections activity and a defualt notice being recorded on your file with the CRA.

 

If you are using or considering using the services of a claim management company we refer you to the warnings issued by the Ministry of Justice with regard to misleading statements issued by some of these firms about their ability to get debts written off.

 

Statement of account

 

Your account is in default and the amount currently due and payable is £960.49,you must continue to make payments on your account.

Under section 78 we are not required to provide a copy of the default notice and statement of default. However we can confirm that a statement of default was issued on 8th Decemeber 09.

Should you have any queries relating to the enclosed documentation write to the following address blah blah blah

 

 

Yours sincerely Lauran Tomasik Executive Office

Edited February 19, 2010 by discod

[discod]

bumping

[discod]

bumping again anyone please?

[the_shadow]

You say this was applied for online, can you remember the date.. if it was post December 2004 then a signed paper copy is not required to enforce, just a demonstration you signed, usually a print out showing a box ticked by the applicant. This together with screens showing the terms and conditions would be required to be enforced imo.

 

As to the paper copy they've sent you, if they have attempted to fake a signature then thats a no..no.

 

If you feel confident you could write back stating you have never physically signed anything for this account and therefore ask for an explaination of the signature on the supposed application.

 

S.

[discod]

Thank you although i am not very good at putting words together I will write and tell them that the signature they have is not my partners true signature and therefore the cca is void until they sort it out!