My Mrs V Capital One ***WON***

[paulwlton]

Having already represented my better half in court in respect of a Barclaycard application form/agreement (which was won). My better half has just received a threat of intended legal action to enforce an Ultra Short Capital One Application form/agreement.

 

I'll post a response to their pathetic letter later.

 

PW

[Guest Old_andrew2018]

Hi PW

any update on this

[paulwlton]

Hi PW

any update on this

 

Just a couple of threatening letters from Llowell.

[paulwlton]

Just a couple of threatening letters from Llowell.

 

Attached is the application form.

 

The process was as follows:

 

Complete application and post it off to Capital One.

 

Capital One approve the application by signing it and subsequently then send out the "agreement"

 

Receive a pack from Capital One which contains amongst other things an "agreement" - including all terms and conditions and the prescribed terms. However, the agreement is not executed as it does not contain signatures.

 

I'll post all the documents later to show the process.

 

Paul

Edited March 10, 2010 by paulwlton

[paulwlton]

The "application"

 

[paulwlton]

The "agreement"

 

Edited March 10, 2010 by paulwlton

[paulwlton]

Back of "agreement"

 

[paulwlton]

The "terms & conditions"

 

[Enron]

The "application"

 

 

All the prescribed terms have to be included within the body of the executed agreement. i.e. the signed document by virtue of the regulations.

 

I can't see the prescribed repayment terms, interest rate or credit limit within that signed document.

[diddydicky]

Having already represented my better half in court in respect of a Barclaycard application form/agreement (which was won). My better half has just received a threat of intended legal action to enforce an Ultra Short Capital One Application form/agreement.

 

I'll post a response to their pathetic letter later.

 

PW

 

paul, did you have any objections from the other side/judge when it came to arguing the case on her behalf?

[diddydicky]

All the prescribed terms have to be included within the body of the executed agreement. i.e. the signed document by virtue of the regulations.

 

I can't see the prescribed repayment terms, interest rate or credit limit within that signed document.

 

and the "declaration" prior to the signature that " i have read the terms and conditions" is useful to use to show that when these companies try to allege that those t&c's were on the reverse is a lie

[paulwlton]

paul, did you have any objections from the other side/judge when it came to arguing the case on her behalf?

 

The case was small claims track. I put the request in writing gave a copy to the usher and other side....DJ OKd it... This is acceptable on the small claims track.

 

PW

[paulwlton]

and the "declaration" prior to the signature that " i have read the terms and conditions" is useful to use to show that when these companies try to allege that those t&c's were on the reverse is a lie

 

Agreed.

[seriously fed up]

i've got one like that which they sold to Capquest who have more or less admitted they are giving up on it

[paulwlton]

They continue to threaten Court action.

 

I'll hit them with a CCA request and CPR 31.16 pre action protocol.

 

[seriously fed up]

and the "declaration" prior to the signature that " i have read the terms and conditions" is useful to use to show that when these companies try to allege that those t&c's were on the reverse is a lie

 

I know I am being terribly dense here , but how does the "declaration" prior to the signature that " i have read the terms and conditions" show that their claim the T&Cs would be on the back is a lie?

I am certain that you are right and that I am being terribly slow, but some illumination on this point would be very welcome - either by diddydicky or Paul (or anyone who knows!)

Thanks

SFU

[paulwlton]

I know I am being terribly dense here , but how does the "declaration" prior to the signature that " i have read the terms and conditions" show that their claim the T&Cs would be on the back is a lie?

I am certain that you are right and that I am being terribly slow, but some illumination on this point would be very welcome - either by diddydicky or Paul (or anyone who knows!)

Thanks

SFU

 

My post may have caused confusion, I'll explain.

 

The application refers to terms and conditions but In any event the prescribed terms are not contained within the terms and conditions they are referred to in a separate document. So in conclusion even If the terms and conditions were overleaf the requisite wasn't Included.

 

It's much easier to see when in possession of the documents.

 

Paul

[paulwlton]

Just to update......WON.

 

Received a letter today.

 

We write further to recent communication regarding the account detailed to the right.

 

After reviewing the account, we are prepared to take a commercial view in relation to this matter and as a gesture of goodwill and strictly without any admission of liability, we are prepared to close the account and write - off any outstanding balance.

 

We trust that you will find this satisfactory and that this matter is now closed.

 

You owe £0.00

Edited June 30, 2011 by paulwlton

[maroondevo52]

Good stuff, I'll stick a ***WON*** on the title.

[the_shadow]

Brill news

 

S.

[ims21]

Fantastic....congratulations