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Is this 'Easy Application Form' a proper enforceable CCA?

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My wife recently CCAd, then subsequently SARd Cap One with a view to pursuing charges and PPI reclaims.

 

Responding to the CCA they sent this document as the 'signature page of her original agreement' plus 6 pages of laser printed T&Cs as her 'reconstituted original agreement'

 

http://i816.photobucket.com/albums/zz90/Still_surviving/Cap%20One/AppForm.jpg

 

This was also the only document that looked remotely like a CCA in the bundle of papers we received today for the SAR

 

I enclose a copy of the (somewhat stroppy) letter that they sent in response to the CCA request and could i ask the following?

 

(a) Is this enforceable document? I am not clued up on what they mean by 'reconstituted agreement'

 

(b) If it isnt, would that negate the fact she ticked the 'require PPI' box? Nothing further relating to PPI was ever sent to her...they just started taking the monthly premiums.

 

http://i816.photobucket.com/albums/zz90/Still_surviving/Cap%20One/Letter1a.jpg

http://i816.photobucket.com/albums/zz90/Still_surviving/Cap%20One/Letter1b.jpg

 

 

Any help would be most gratefully received


Card 1 - Charges reclaim £464 + Interest...ongoing

Card 2 - Charges reclaim £520 + Interest...ongoing

Card 3 - Charges reclaim £396 + £1179 Imterest **WON**

Card 4 - Charges reclaim £296 + £147 Interest **WON**

------------------------------------------------------------

4 x CCA requests

1 received.....Blank Application Form

1 received.....Terms & Conditions

1 received.....Sent agreement relating to a previous card :confused:

1 response....Have lost the agreement :)

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what year was the agreement/ppi taken out

 

was it after 2005

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No - it was in 2002

 

Ive just been reading the T&Cs from the reconstituted original agreement, and it says under the section for PPI :

 

"If you want to have payment protection insurance you must confirm that you have read the details we have sent you, and you understand the main benefits and exclusions of the insurance cover"

 

Well this is just a load of baloney. My wife filled out the form and they sent back a countersigned copy shortly followed by the card. At no stage did they ever ask any questions about the PPI.

 

It is noticeable that in the current T&Cs this particular sentence has been removed.

 

Im certainly leaning toward fighting this one out with Cap One.


Card 1 - Charges reclaim £464 + Interest...ongoing

Card 2 - Charges reclaim £520 + Interest...ongoing

Card 3 - Charges reclaim £396 + £1179 Imterest **WON**

Card 4 - Charges reclaim £296 + £147 Interest **WON**

------------------------------------------------------------

4 x CCA requests

1 received.....Blank Application Form

1 received.....Terms & Conditions

1 received.....Sent agreement relating to a previous card :confused:

1 response....Have lost the agreement :)

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a creditor can send a reconstructed agreement to comply with your cca request

 

BUT

 

to enforce, they need the original

 

IF THEY HAD THAT, WHY SEND A RECONSTRUCTED ONE

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just ignore the rubbish that cap1 send

its to put you off

now go get your ppi and charges & don't forget the compounded int at THEIR purchase rate

 

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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that is an application form. it doesn't contain prescribed terms. ergo, its unenforceable.

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Quick update:

 

Have written back to Cap One stating that in our opinion what the have sent isnt an enforceable agreement, but also:

 

(i) We have requested £596 in unlawful charges + Compound Interest at 22.9% = £1850 odd.

 

(ii) Mis-sold PPI over 7 years + interest = another £650 odd

 

So what do they do (when the card balance is only £1000)? Pass everything to Capquest and demand full payment, whilst on the other hand saying it may take up to eight weeks to deal wih our claims!

 

 

Going to enjoy this fight - especially after the rude person from Capquest caught me just after sunday lunch yesterday :(


Card 1 - Charges reclaim £464 + Interest...ongoing

Card 2 - Charges reclaim £520 + Interest...ongoing

Card 3 - Charges reclaim £396 + £1179 Imterest **WON**

Card 4 - Charges reclaim £296 + £147 Interest **WON**

------------------------------------------------------------

4 x CCA requests

1 received.....Blank Application Form

1 received.....Terms & Conditions

1 received.....Sent agreement relating to a previous card :confused:

1 response....Have lost the agreement :)

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urm

 

not supposed to do that...

 

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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The ideal scenario is for Cap1 to send you the full refund and then you go to Capquest and offer a F&F settlement.

Chances are though is that Cap1 will reduce the refund by what is owed and send you the rest


If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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To be honest - we'd be perfectly okay with them netting off the money we owe them. Not really looking to avoid paying our dues. If we can can clear the balance and have some money left over we'd be pleased with the end result.

 

However one more phone call like I got yesterday and all bets are off lol.


Card 1 - Charges reclaim £464 + Interest...ongoing

Card 2 - Charges reclaim £520 + Interest...ongoing

Card 3 - Charges reclaim £396 + £1179 Imterest **WON**

Card 4 - Charges reclaim £296 + £147 Interest **WON**

------------------------------------------------------------

4 x CCA requests

1 received.....Blank Application Form

1 received.....Terms & Conditions

1 received.....Sent agreement relating to a previous card :confused:

1 response....Have lost the agreement :)

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Cap1 will offer you the difference between £12 and what you were paying in charges in the hope you will go away happy. You don't have to accept this. It may need you to file a claim with the courts before you get back the full claim.


If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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Quick update...

 

Capquest very swiftly wrote back saying the file had been passed back to Cap One.... 1-0 to us :)

 

Have had a letter from Cap One offering £387 to settle our claim. This needless to say, doesnt offer any compound interest or deal with any charges

over six years old, so will be rejected.

 

Am drafting a 14 day LBA, but seeing as they have stated their response was final, I guess it will soon be time to prepare court papers.


Card 1 - Charges reclaim £464 + Interest...ongoing

Card 2 - Charges reclaim £520 + Interest...ongoing

Card 3 - Charges reclaim £396 + £1179 Imterest **WON**

Card 4 - Charges reclaim £296 + £147 Interest **WON**

------------------------------------------------------------

4 x CCA requests

1 received.....Blank Application Form

1 received.....Terms & Conditions

1 received.....Sent agreement relating to a previous card :confused:

1 response....Have lost the agreement :)

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Letter Before Action sent - deadline 16th December.


Card 1 - Charges reclaim £464 + Interest...ongoing

Card 2 - Charges reclaim £520 + Interest...ongoing

Card 3 - Charges reclaim £396 + £1179 Imterest **WON**

Card 4 - Charges reclaim £296 + £147 Interest **WON**

------------------------------------------------------------

4 x CCA requests

1 received.....Blank Application Form

1 received.....Terms & Conditions

1 received.....Sent agreement relating to a previous card :confused:

1 response....Have lost the agreement :)

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