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    • No I'm not. Even if I was then comments on this forum wouldn't constitute legal advice in the formal sense. Now you've engaged a lawyer directly can I just make couple of final suggestions? Firstly make sure he is fully aware of the facts. And don't mix and match by taking his advice on one aspect while ploughing your own furrow on others.  Let us know how you get on now you have a solicitor acting for you.
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    • Thank you for your reply, DX! I was not under the impression that paying it off would remove it from my file. My file is already trashed so it would make very little difference to any credit score. I am not certain if I can claim compensation for a damaged credit score though. Or for them reporting incorrect information for over 10 years? The original debt has been reported since 2013 as an EE debt even though they had sold it in 2014. It appears to be a breach of the Data Protection Act 1998 Section 13 and this all should have come to a head when I paid the £69 in September 2022, or so I thought. The £69 was in addition to the original outstanding balance and not sent to a DCA. Even if I had paid the full balance demanded by the DCA back in 2014 then the £69 would still have been outstanding with EE. If it turns out I have no claim then so be it. Sometimes there's not always a claim if there's blame. The CRA's will not give any reason for not removing it. They simply say it is not their information and refer me to EE. More to the point EE had my updated details since 2022 yet failed to contact me. I have been present on the electoral roll since 2012 so was traceable and I think EE have been negligent in reporting an account as in payment arrangement when in fact it had been sold to a DCA. In my mind what should have happened was the account should have been defaulted before it was closed and sold to the DCA who would then have made a new entry on my credit file with the correct details. However, a further £69 of charges were applied AFTER it was sent to the DCA and it was left open on EE systems. The account was then being reported twice. Once with EE as open with a payment arrangement for the £69 balance which has continued since 2013 and once with the DCA who reported it as defaulted in 2014 and it subsequently dropped off and was written off by the DCA, LOWELL in 2021. I am quite happy for EE to place a closed account on my credit file, marked as satisfied. However, it is clear to me that them reporting an open account with payment arrangement when the balance is £0 and the original debt has been written off is incorrect? Am I wrong?
    • OMG! I Know! .... someone here with a chance to sue Highview for breach of GDPR with a very good chance of winning, I was excited reading it especially after all the work put in by site members and thinking he could hammer them for £££'s and then, the OP disappeared half way through. Although you never know the reason so all I can say is I hope the OP is alive and well regardless. I'd relish the chance to do them for that if they breached my GDPR.
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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

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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.

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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..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 1 month later...

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 :(

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urm

 

not supposed to do that...

 

dx

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry 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.

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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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  • 3 weeks later...

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.

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