Is This A Valid CCA? They Say Yes - I Say No

[Mozz1]

Cheers dude. I have given you a grateful reputation point already I will keep your letter in readiness for phase 2.

[letsdothis]

Cheers dude. I have given you a grateful reputation point already I will keep your letter in readiness for phase 2.

 

Good luck mate, CQ deserve all they get. Hopefully there will be no valid CCA for you, and then you can continue your fight against them.

 

The snag is, I believe mine is unenforceable, but they still quite happily telling me that they are confident once the T and C's arrive they will show that it is enforceable. However, if they had the T and C's (as they should have been on the back of the application form), then it would have taken Cap One all of 10 seconds to photocopy them at the same time as my application form.

 

A few weeks ago I was worried about the debt, but CQ's actions and the delays have given me some much needed confidence. If they had a cast iron case, they would have provided the details within the 12 days limit.

 

They still have not replied to my 14 day deadline, in the letter of dispute. And so have broken that one as well now. As for Cap One, my SAR request has still not been answered either. They received that on 23rd April 2010

[Mozz1]

Perhaps now might be the time for you to go to a solicitor (or similar) and get a formal letter asking CapQuest to shove off? Alternatively, is there any formal way to get closure?

[letsdothis]

I don't see the point in seeing a solicitor, it would only add to my costs. Evrything I need is on this forum.

 

An unenforceable agreement does not make the debt go away, albeit they cannot get the courts to enforce it.

 

CQ would have bought my account for about £200 tops, so anything they get above that is profit.

 

You have to now use the unenforceable agreement to your advantage and get the DCA to accept a F&F settlement so the debt does then go away.

 

However, if you do the steps with the letters, and provided they do not come up with an enforceable agreement, then after 6 years of no payments / admitting you owe the debt it becomes statute barred, and at that point it would be removed from your credit files.

 

I am not bothered about getting any more credit anyway, but I just want to pay a F&F at a lower amount of what they say I owe and be rid of it all for good. Hence the unenforceable agreement would be a good bargaining tool.

[Mozz1]

Sounds like a plan ;-) They bought it for just £200 you reckon? Jeeze, I'm paying them £100 a month. A F&F is the way to go for sure.

[letsdothis]

Sounds like a plan ;-) They bought it for just £200 you reckon? Jeeze, I'm paying them £100 a month. A F&F is the way to go for sure.

 

DCA's pay pennies in the pound, so about 10% I bet would be what they paid for it tops.

[Mozz1]

'kinnel, what complete b*****ds they are

 

That puts the F&F in a whole new perspective.

 

Of course, I don't know yet if they have bought the debt from Egg; but I'll keep you posted amigo. Thanks for your help.

[letsdothis]

Good luck mate, we are all here to help each other out.

[Mozz1]

aint that the truth. I've been struggling with this for 5+ years and its ruined my quality of life. I dioscovered CAG about 3 months ago and its a godsend knowing there are others out there in the same boat

[Laura Cooke]

aint that the truth. I've been struggling with this for 5+ years and its ruined my quality of life. I dioscovered CAG about 3 months ago and its a godsend knowing there are others out there in the same boat

 

 

 

Totally agree wish I could digest all I have read forget so much, this site is a godsend it`s a shame more do not realise this and are able to make small donations to keep the site running:)

[letsdothis]

Totally agree wish I could digest all I have read forget so much, this site is a godsend it`s a shame more do not realise this and are able to make small donations to keep the site running:)

 

Hi Laura

 

I have to agree as well. A few months ago I was in such a mess with debt issues. From reading this site, I have nearly managed to get rid of £9k worth of debt off my credit files.

 

Albeit £2k is actually in dispute, but the monies credited back against the accounts from unfair charges etc has brought these debts right down.

 

I still have CQ, Cap One and Cahoot to battle, but they all have had the letters / action that I can possibly do now for now, until they then break the deadlines imposed.

 

So although I have not actually had any funds back as such, my balance owed has come significantly down, within 2 to 3 months tops.

 

I always try to help others on here now, as it is the least I can do for the knowledge and courage I have received off others.

 

I recently had to ask for some help re my mortgage, and it transpires that the mortgage company have charged me nearly £3k of charges (and 8% interest) of which I have today sent a letter to them asking them to pay back. Again without CAG's help I would have just accepted that I did actually owe these amounts.

 

As for the donations again I totally agree.

Edited June 19, 2010 by letsdothis

[diddydicky]

its about time the forum charged for membership in my opinion- a fiver for a years membership would be reasonable and apart from keeping the site afloat would have added benefits

[volvo]

Sorry DD, have been a member since 2006 and the whole concept of the site was free advice then between all parties, however, i have, but i am unsure whether people helped by this invaluable site have actually followed through and donated. Maybe a new campaign to refresh peoples memories is required. Although personally, accounts i thought were sorted such as Bank One and Barclaycard i thought were sorted have since arisen via Cabot and court application, despite having made a site contribution following defeat of CCA requests etc.,

 

Accordingly, i suggest at the moment we still rely on submitted donationas as opposed to mandatory which may be the best way forward at the moment unless you are talking of instances such as paying royaties to PT2537 etc to assist us further.(who has so far helped all on a FOC basis so far.

 

 

VOLVO

[diddydicky]

no big issue for me particularly- but i would just ask whether no site (due to it not being able to finance itself) would be better than paying a fiver for a years advice and having a site

 

seems to me that if a lawyer offered free advice for a year for a fiver he would be swamped with takers.

 

a fiver would buy you a sandwhich and a coke at the services or a burger meal at Burger king!!

 

most people will waste a fiver (even those in financial difficulties) without even blinking- however 100,000 x a fiver would keep a site like this well afloat (i would imagine)

[Hadituptohere]

agree with dd and ldt, a fiver id consider it priceless, although wonder if the more educated legal begals would pay a fiver to give their input.

[volvo]

Agree a fiver is not much, but people

like me would be excluded from the valuable advice given, remember like possibly others, i started with 13 Credit Card Debts totalling £45.5K arising from not good living but purely SURVIVAL.

 

So far i have paid to a original 25 year mortgage and due to debts still have 4 years to repay, and not sure how i can achieve this without DCA claims to be considered. All you will do is alienate poor people like me me who desparately need the advice of the forum.

 

In my opinion the accent should be aimed at collecting a fair reward from th successes!!!!

 

This has been a great and helpful site, lets not change it for profit, please..

 

VOLVO

[diddydicky]

i dont think anyone is seriously suggesting the site will become a subscription site- it was ajust a point someone raised

 

and with the greatest of respect ( my debts are much bigger than yours) i would suggest that most folk who can afford a computer and the internet can probably scrape up a fiver! after all we are talking less than 2p per day - (14p per week). most folk on here often send 10 quid off for a SAR or send recorded delivery letters at 2 quid a throw!

 

 

 

if i were REALLY skint- if i couldnt find anything to flog for a fiver i'd cut a fiver out of the weekly food shopping and live on egg and chips for a few days if it meant getting such valuable advice to deal with my debts

 

The problem with a site such as this would be that if it IS underfunded and something untoward happens- it wouldl probably dissapear without warning and you wouldnt then then be able to save it

Edited June 18, 2010 by diddydicky

[letsdothis]

I think this site is worth more than a fiver a year.

 

For all the help I have been given though, especially from the team, I would feel like I have insulted them if I just donated a fiver.

 

However, they could do an optional membership, for a fiver a year, on top of donations, for which I would gladly give a fiver for. Even if you just get a donator tag or summit. Not that that would bother me anyway. I would do it for just the help.

Edited June 19, 2010 by letsdothis

[Laura Cooke]

I have donated recently gladly but I can see the other side of the coin so many posts go unanswered and it`s so frustrating and upsetting when someone is in dire need of an urgent reponse I for one have been there on cag

 

DD, Desperate Daniella, Dotty, VJ have been a godsend along with some site team members but at times I have been so deflated at no responses at all

 

It`s difficult I know lots of posts to answer, caggers providing their time for free and got other things like their own problems to deal with the £5 suggestion is great:)

[letsdothis]

I got my SAR today, and tbh it don't really matter now if the agreement is enforceable or not, they owe me two and a half times as much as CQ say that I owe them.

 

Charges added from November 2001 until October 2008 = £xxxx.xx

Contractual Interest @ 22.05% (same as showing on my account) = £xxxx.xxx

8% on both totals = £xxxx.xx

 

Grand total of £xxxx.xx

 

So what do I do now?

 

Am I able to claim back those charges over the six year threshold?

 

Any ideas?

Edited June 19, 2010 by letsdothis

[letsdothis]

Quick draft of letter, does this sound OK?

 

Dear Sir or Madam,

 

Account number: **** **** **** ****

 

I am writing to request that you repay all the late payment fees and/or over limit fees that have been applied to my account.

 

I do not believe the charges reflect the true cost to Capital One and are unfair and disproportionate. I am therefore requesting a refund based on the Unfair Terms in Consumer Contracts Regulations 1999.

 

This is supported by the Office of Fair Trading’s April 2006 statement into credit card charges, which noted that the level of charges at the time, and prior to that period, were unfair.

 

I am already aware that after the OFT recommendations, Capital One reduced their charges to £12 however, I would remind you, that in the same OFT recommendations, the following is also mentioned :-

 

“We are not suggesting that default fees should be set at £12, and a court will certainly not consider that a default fee is fair just because it is below the threshold”. “We consider that a contract term is likely to be unfair if it requires consumers to pay more as a result of a default than the court would order them to pay if they were sued for breach of contract. This means that a default charge should not exceed a reasonable pre-estimate of the administrative costs that the consumer ought to have realised would be likely to be incurred by his or her card issuer in dealing with defaults”.

 

Therefore if you write back telling me that you are only going to repay the difference of anything over £12.00, in order for you to charge me £12.00, you must demonstrate to me that it costs Capital One £12.00 for late payments. I should warn you also that in any court claim I will ask for strict proof of this charging structure and ask for the court to order disclosure of this structure.

 

The charges total £xxxx.xx, plus as I believe I have been unlawfully deprived of the money I have calculated £xxxx.xx contractual interest which has been compounded at 22.05% this is the interest rate currently shown against my account, along with interest at the statutory rate, the amount the court will award.

 

I therefore ask that you repay me the full amount of £xxxx.xx. I have attached a full schedule of the charges and interest with this document.

 

Additionally, you have also entered a default notice. This default occurred merely in respect of unlawful charges levied by you or was the result of impecuniosity caused directly by the taking by you of penalty charges, which you had applied unlawfully to my account.

 

In addition to full payment of the sum mentioned above, I require that you remove the default entry. Please note that mere correction or amendment to the default entry will not be acceptable.

 

Please repay this money in full and remove any default notice and late payments makers against my account, within 14 days.

 

If this deadline is not met, or you do not offer to repay me the full amount that I am asking, I shall again write to you, giving you a further 14 days to repay these monies, in the form of a Letter Before Action.

I look forward to a full response to this letter within 14 days.

 

 

Yours faithfully,

[slick132]

Hi LDT,

 

The letter I normally recommend is here - http://www.consumerforums.com/resources/templates-library/48-bank-templates/121-bookworm

 

If you want to claim back any charges beyond 6 years, you can do so using s.32 Limitation Act 1980.

 

However, you'll need to have the data to show the older charges, ie your old a/c statements.

 

Barclaycard, for instance, will now only supply data going back 6 years, saying this is all they hold. This is untrue and, if you take court action to enforce disclosure of older data, they magically produce it.

 

[letsdothis]

Hi LDT,

 

The letter I normally recommend is here - http://www.consumerforums.com/resources/templates-library/48-bank-templates/121-bookworm

 

If you want to claim back any charges beyond 6 years, you can do so using s.32 Limitation Act 1980.

 

However, you'll need to have the data to show the older charges, ie your old a/c statements.

 

Cheers Slick, Cap One have sent me a printout of every single transaction in date / month order from the beginning of the agreement, so I have all of them to list.

 

Barclaycard, for instance, will now only supply data going back 6 years, saying this is all they hold. This is untrue and, if you take court action to enforce disclosure of older data, they magically produce it.

 

 

BC are pussycats mate, they roll over and then pay you.

[letsdothis]

As for the template letter, I think mine is more to the point and leaves less chance of them offering a stupid amount initially. It was a cross breed of several by the looks of it.

 

Would I need to add anything re the using of s.32 Limitation Act 1980?

[slick132]

No, I think that's something you can deal with as part of negotiation or litigation.

 

Your letter is fine, as long as it includes the salient points. It's really just an opening move, to set the ball rolling.