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overdraft2012

Capital 1 cca request response

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Hi,

this is the response from capital one, i thought i would post this up as it may help others who have had the same response, i will now be sending them a letter of dispute and stop all payments to them. Would this be the correct way to proceed?

 

capital1scan1-1.jpg

 

Regards

 

OD2012

Edited by overdraft2012

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Exactly the same text as the reply I got asking Cap One to refund all the charges on my account.

 

I am so gutted now, I thought Sven had personally written to me, and that it wasn't a templated reply. :roll:

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Was this a standard CCA request paid for (£1.00)?

If so remind them that time limit is 12 + 2 Days to comply,and put the account in to dispute,send RD.

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yep response to cca request sent recorded delivery with £1 postal cheque.

 

cheers

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remove the barcode and the postal barcode..

 

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Hi all,

I recieved this in response to my cca request, as far as i can tell from the very small font it is pretty tight, the only points i can raise is :

  1. It is clearly a pre contact application form and not the actual 'credit agreement'
  2. they have failed to include there company address on the 'agreement'
  3. They have no provided me with an actual agreed credit limit
  4. They have not provided an example of how the total charge of credit would be applied, which i have seen on newer 'agreements' ie if you borrowed £1500 and paid 12 equal montly payments total amount payable would be x amount, and interest would be x amount.

My end goal is to offer them a full and final, obviously i was hoping since this dates back to 05 i would recieve an unsigned agreement but unfortunately after there encouraging initial response of "we need more time to find your paper work" they have dug this up from somewhere.

 

Please can i have your thoughts on this, any help will be very much appreciated.

 

cpital1_scan21.jpg

 

capital1_scan_31.jpg

Best regards

od2012

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bump


:razz:ALWAYS REMEMBER, IF YOU GOT YOURSELF INTO YOUR SITUATION, YOU ARE MORE THAN CAPABLE OF GETTING YOURSELF OUT OF IT

WITHOUT THE HELP OF THE DCA's!!!!!!!!!!!

 

IF YOU NEED HELP WITH UPLOADING YOUR IMAGES THROUGH PHOTOBUCKET CLICK HERE

IF I HAVE HELPED YOU OR MADE YOU SMILE, PLEASE FEEL FREE TO CLICK MY STAR

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links http://i891.photobucket.com/albums/ac118/az182/cpital1_scan21.jpg

http://i891.photobucket.com/albums/ac118/az182/capital1_scan_31.jpg

 

I have trawled through pages and pages on here and havent found an agreement laid out the same as this

It seems a very poor quality, after reading through posts on here i am questioning whether or not they have the original (which i understand they would need to produce in court) or perhaps just a photocopy.

Edited by overdraft2012

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I think if they have the original it would be enforceable however I know they have confirmed in writing that they used to scan and shred, not sure how far back they are talking though.

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/246845-capital-1-cca-could.html

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Thanks for that, very interesting link, i will bump that back up to the top and see if there's any news as they have agreements very similar to mine.

 

I had a read through at work and couldn't find anything about the scan and shred, can you remember where you saw this?

 

After reading there cover letter again i have noticed they have described the agreement they sent out as "a scanned copy of the original agreement",

 

definition of scanned

 

To move a finely focused beam of light or electrons in a systematic pattern over (a surface) in order to reproduce or sense and subsequently transmit an image.

 

So all they have done is sent out a copy of a 'scanned document' and not a copy of the original, this in turn raises the question do they in fact still hold the original? If so why did they not send a direct copy of this to avoid any doubt and why have they produced me with such a poor copy, not to scale, not in order and which has clearly been cut and pasted to include the balance transfer form which itself does not even look complete.

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Hi ..The 1st part of the doc and the 3rd part is the same has what my OH recieved..Not heard from Lowells in mths ..so some thing not right with these agreements

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"After reading there cover letter again i have noticed they have described the agreement they sent out as "a scanned copy of the original agreement","

 

My covering letter also stated they have enclosed "a scanned copy of my original agreement"

 

In a relatively short time mine has gone from Cap One to Fredriksons, HL, Capquest (20% discount) and Scotcall. Scotcall say their knuckle trailing moron is on his way to my property, boy! is he in for a big surprise!

 

Opinion varies here regarding these agreements, most Caggers state Cap One had got their act together by the time mine was issued in March 2006.

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my other halfs was Aug 2005..i hav read on hear somewhere that the docs we hav are printed like leaflet form becoz of the colume look it has

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Hi overdraft, did you get a default notice from Cap One on this and if so is it compliant?

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Hi OD,

Re. Miss Muppet's question, a few of us on here who have similar agreements all appear to have received 28 day DN's from Cap One. Probably not fully compliant as no date specified but difficult to argue against as we cannot claim we have not been given enough time to rectify.

Sorry to jump in on your question Miss Muppet!icon7.gif

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have only missed a couple of payment so far, but i did advise them that i could no longer afford the 'minimum' payments so would be sending them a monthly cheque of £5 until my financial situation improved.

 

I then cca'd them and received the above, now after reading through threads on here i am of the oppinion that 2005 seems too early on for cap 1 to be in possession of an enforceable agreement, maybe they have tampered with the one they have sent out or maybe they do not have the original at all, i suspect at the time i returned the application/agreement in 05 they scanned it, then destroyed the original instead of filing them.

 

How long does it take them to send you a DN normally, they are being very persistent in phoning, they are calling my son on his mobile claiming they got his number had been entered into there contact details at some point, there is no way i would have done that so something is very wrong there, they also said to him on the phone that it is very important that i speak to them as i owe them money, have they never heard of the data protection act?!

Also they are continually phoning work, i have told them it is a work number and they are not to call etc etc. Now they are trying the house phone trying the old first name friend trick "hi its john is **** in" .

 

If these agreements are enforceable and they have the originals then why are they sending out poor scanned copies and bouncing it round different DCA's? why not just take us to court and get there money in full?

 

I am currently drafting a letter challenging that they do not hold an original document as above and i do not remember signing it etc etc, i would like to see the original in person, failing this i would be prepared to offer a sum of 20% (donated from a family member of course) in order to clear this alleged debt and bring this matter to a close

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Overdraft My OH was offered a 50% discount on these So called CCAs..That must tell us something :)

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Hi OD,

Re. Miss Muppet's question, a few of us on here who have similar agreements all appear to have received 28 day DN's from Cap One. Probably not fully compliant as no date specified but difficult to argue against as we cannot claim we have not been given enough time to rectify.

Sorry to jump in on your question Miss Muppet!icon7.gif

 

It is not compliant even tho' it allows you 28 days, it should show a specific date to remedy, have a look at Schedule 2 of Default Notices, Terminations etc in the statutes library on CAG. Have managed to keep Capquest/Capital One at bay with this as they terminated on the back of this invalid default. Wrote to Cap one accepting their unlawful repudiation, once you do that the contract is now longer live and they cannot re-issue a default.

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Overdraft My OH was offered a 50% discount on these So called CCAs..That must tell us something :)

 

Hi, how did you get to the offer of 50 % exactly? Also was that offered by cap 1?

 

Thanks

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It is not compliant even tho' it allows you 28 days, it should show a specific date to remedy, have a look at Schedule 2 of Default Notices, Terminations etc in the statutes library on CAG. Have managed to keep Capquest/Capital One at bay with this as they terminated on the back of this invalid default. Wrote to Cap one accepting their unlawful repudiation, once you do that the contract is now longer live and they cannot re-issue a default.

 

Miss Muppet, they terminated my agreement on the back of the 28 day DN, I also wrote accepting repudiation, never heard a thing!

 

OD - you need to fire off a couple of letters to whoever is harassing you by telephone. I changed the template harassment letter to make it much more aggressive! big red letter heading etc. Also, if anyone got through to me I told them to f##k off in no uncertain terms! It seems to have worked so far. Let them know you are not to be messed with!

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Hi ..

 

no lowells hav brought the debt from Cap1 ..Got a letter through the post offering 50% off

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Hi OD,

 

Just wondering if you have had any further developments on this?

 

We seem to have similar situations here!

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