Cap1 & CCA return

[anynewmouse]

I seem to remember this:

 

If you are asked if you owe the money by the judge or by their solicitor please don't say yes or no. Without being smart I suggest that you say something like:

 

"with respect, as the claimant has failed to provide any evidence that I am liable to them I cannot give a definite answer. I believe that it is up to the court to decide when and if a valid agreement is produced. I think that the claimant should have pursed a claim through the County Court were any documents can be considered fully. For this reason I ask you to accept that A genuine triable issue exists and that their demand be set aside"

 

Try and get A genuine triable issue into your conversation with the judge as many times as you can.

[B3rty]

Personally I don't agree with that and I have been asked that question in court and answered

 

"I don't deny having an account with the OC however I do deny the DCA claim and challenge their legal right to enforce through this court because... ect"

[lexis200]

I haven't been to court but I'm inclined to go with barty there. There are just too many ways they can prove you owe them, so to my mind the best thing would be to take the moral bit out of it and try and get the judge to think of it as a straight dodgy contract case.

 

Statements, letters prior to any problems etc will prove you've had the money, so to say that you can't answer unless they show you a specific form of proof seems a little dubious. I think I might not like that too much if I was judgy, but as I said I've never done court, so this is just my view as an outsider so to speak!

[johnerog]

Hi,

 

I have sent requests for three agreements I have and had one back from Capital One and I'm a little confused. The agreement itself is on the back of the letter they sent in reply but has not been signed by myself or the company, the application for the card was done online though??? In the letter it states....... Thank you for your recent letter requesting copy documents for your account.

 

You requested copies of the executed agreement and a statement of your account under section 78 of the consumer credit act 1974.

 

Please find a copy of your agreement enclosed as requested. In accordance with section 78 of the CCA 1974 and CC regulations 1983, this is your original agreement, and if any terms have been varied, then the copied agreement will include the updated terms. In addition, your personal details, the signature box, signature and date of signature have been omitted from the copy provided as permitted under regulation 3 of the Consumer Credit regulations.

 

 

Is this just an attempt from Cap one to put me off the scent? what should I do next, please help someone???

 

Hi Yam

You need to get these on screen somehow so they can be looked at. Also how old are these agreements if they are done on line they only need a tickbox but do need prescribed terms. john

[diddydicky]

I haven't been to court but I'm inclined to go with barty there. There are just too many ways they can prove you owe them, so to my mind the best thing would be to take the moral bit out of it and try and get the judge to think of it as a straight dodgy contract case.

 

Statements, letters prior to any problems etc will prove you've had the money, so to say that you can't answer unless they show you a specific form of proof seems a little dubious. I think I might not like that too much if I was judgy, but as I said I've never done court, so this is just my view as an outsider so to speak!

 

i agree- what's more i will (if i get that far) do so by including the question and the answer in my witness statement .

 

if i am asked the question i will then refer to the witness statement which has already covered it

 

more likely however that having mentioned it openly in the witness statement it ****es on the other sides chips a fair bit and takes away the surprise element that the n question relies upon to fluster you.

[diddydicky]

just seen another product for 19 dollars called telezapper, apparantly when you are called by an auto dialler- it recognises the auto dialler and sends a specific signal back to the auto dialler telling it theta the number is unobtainable and the auto dialler automatically (well it would - wouldn't it) deletes the number from its database

 

Cool Eh!!

 

ive e mailed the company and asked if they do one that can be used in the UK i'll let you know the outcome

[lexis200]

i agree- what's more i will (if i get that far) do so by including the question and the answer in my witness statement .

 

if i am asked the question i will then refer to the witness statement which has already covered it

 

more likely however that having mentioned it openly in the witness statement it ****es on the other sides chips a fair bit and takes away the surprise element that the n question relies upon to fluster you.

 

Remind me never to have a slap up fish and chips dinner with you DD:D

[diddydicky]

:D:D:D:D

Remind me never to have a slap up fish and chips dinner with you DD:D

[maxedout]

Sorry to stick this post in here and i realy do mean sorry but dont know where to post a question. Mate of mine is using a cmc who have passed his case to solicitors as the credit card company havent responded to a sar.The solicitors have said the credit card company have 90 days to respond befor they file a claim for unenforcability . This was questioned as a sar is 40 days but he was told that to enable them to file there was a 90 day statutory period.Would any one know anything about this please.

[Summer7231]

Hi all im hoping someone can help me...im trying to find a letter template for a request for CCA........... i just cant seem to find it!

 

Many thanks

[AnimalMagic]

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/581-cca-request-letter

[Summer7231]

Thank you very much Animalmagic

[lexis200]

Sorry to stick this post in here and i realy do mean sorry but dont know where to post a question. Mate of mine is using a cmc who have passed his case to solicitors as the credit card company havent responded to a sar.The solicitors have said the credit card company have 90 days to respond befor they file a claim for unenforcability . This was questioned as a sar is 40 days but he was told that to enable them to file there was a 90 day statutory period.Would any one know anything about this please.

 

You're fine to post here, the only problem is posts can get lost quickly if the thread suddenly gains momentum - one interesting post and a page will be filled in a few hours and your question can be overlooked.

 

I don't know anything about a statutory period - I suspect it's company policy rather than anything else.

 

In any case, it's a bit heavy handed going the court route straight away with an SAR problem isn't it? Surely he'd have been better with a complaint to the ICO first to see if it could be moved along? If court is the route your friend wants to take, a letter before action can be sent now, so I really don't know what the solicitor means with a 90 day hold?

[Lampies]

Hi

 

I hope I have posted this in the correct place!

 

 

I am in the middle of sorting our CCA's and haven't rec'ed anything from a number of cc's, other than the first inital "we have rec'ed your request and will forward on the details etc".

 

I sent the Account in Dispute letter but I have noticed that a number of companies are still adding charges and interest on the accounts.

 

What do I do now? Do I write another letter (if anyone could point in the right direction of a template I would appreciate it) or do I forward on my complaint to the FO?

 

Thanks in advance for any advice.

 

Lamps x

[citizenB]

Lampies, you really need to start your own thread:D

 

You should allow the company 12 working days + 2 for postage (assuming you sent by 1st class or recorded delivery).

 

Sadly, these companies will continue to add interest and charges and record adverse data at the CRAs.

 

You can send a follow up letter, just remind them that you have yet to receive your request, made (whenever). You could also ask them for a copy of their official complaints procedure.

[rebel11]

This is briefly whats happened with one MBNA account.

MBNA VISA OPENED ACCOUNT 1996 (contract looks unenforceable)

Didn't ask for PPI added then - refunded.

Last statement received 1999. (asked account to be closed)

no statements received between 1999 - Dec 2004

no Credit Card's received between 1999 - to present day

 

Received new statement in Dec 2004 with new account number

I wrote a Credit card Cheque PPI added then refunded

 

They told me the account was dormant although I'd asked for it to be closed in 1999. The only CCA was signed back in 1996. I asked for 70+ statements for the account in 2005, they told me it would cost £185,

£2.50 each. Although statements between 1999 - Nov 2004 don't exist.

This account has had 3 account numbers. They've come up with one

excuse, an update of account numbers in may 2004. I went to the FOS,

in 2005, they didn't want to tell me about CCA.

 

Any thoughts?

[lexis200]

Here's rebel's thread

 

http://www.consumeractiongroup.co.uk/forum/general/226741-cca-1974-question.html

[AnimalMagic]

A quickie question.

 

While searching through my records I have come across an HP agreement which I paid out in 2002, so more than 6 years ago. A quick look indicates that the agreement doesn't comply with CCA and the default notice is faulty.

 

Is it possible to make a claim against this company now?

[citizenB]

A quickie question.

 

While searching through my records I have come across an HP agreement which I paid out in 2002, so more than 6 years ago. A quick look indicates that the agreement doesn't comply with CCA and the default notice is faulty.

 

Is it possible to make a claim against this company now?

 

Sorry, what do you want to claim against them for ?

[AnimalMagic]

We defaulted on the loan. Even though we gave them evidence that money was coming, they took us to court to try and repossess the car. Luckily we got the money on the day of the court case, but we were charged penalties and legal fees. The agreement is not compliant and the default notice was faulty, so we actually only owed 350 odd. And of course there was the unlawful termination of contract. The whole incident was very distressful.

 

If I were defending it now, I would have no liablity for any of the 12k or so we paid them, so I was wondering if it was possible to recover the 12k and or the legal fees and penalties...

[citizenB]

We defaulted on the loan. Even though we gave them evidence that money was coming, they took us to court to try and repossess the car. Luckily we got the money on the day of the court case, but we were charged penalties and legal fees. The agreement is not compliant and the default notice was faulty, so we actually only owed 350 odd. And of course there was the unlawful termination of contract. The whole incident was very distressful.

 

If I were defending it now, I would have no liablity for any of the 12k or so we paid them, so I was wondering if it was possible to recover the 12k and or the legal fees and penalties...

 

Hmmm, I guess you could have a stab at reclaiming the charges.. I suggest you start a thread for this issue and see if anyone has any comments to make. Pop the link here, and I will try to atract attention to it for you.

[AnimalMagic]

Thanks CitizenB

 

I have a court case next week, so probably won't do anything about more until after that's over and done with...

 

Regards

[diddydicky]

if it was 2002 you might have a problem with statute of limitations

[AnimalMagic]

Yes, that is what I was wondering about, perhaps I should've worded my question better

[lexis200]

A quickie question.

 

While searching through my records I have come across an HP agreement which I paid out in 2002, so more than 6 years ago. A quick look indicates that the agreement doesn't comply with CCA and the default notice is faulty.

 

Is it possible to make a claim against this company now?

 

I didn't think you could use the CCA route for closed accounts anyway, regardless of the 6 year rule?

 

Have I mis-understood that? Is it possible to use it for closed accounts if it's within 6 years?