Capital One CCA - is it enforceable?

[cgowers]

Good Morning All

 

I have been dealing with a complaint with a Sainsburys loan (on a different thread) and I though it might be interesting to make a CCA request for my only other outstanding debt with Capital One.

 

I received the relevant details through the post last week. It would be really appreciated if I could get other opinions.

 

The first thing I noticed is that no statement of account was provided. Would I be correct in assuming that a statement should have been provided as part of the CCA request?

 

Secondly, the "right to cancel" is very confusing. Looking at it now I would have no idea how and when to cancel the original agreement?

 

Luckily, I have an outstanding PPI claim with Capital One which would clear the balance with a little left over.

 

Thanks again for any advice that can be provided.

[ims21]

Attachment unapproved.

 

Please get rid of personal identifiers.

[cgowers]

Attachment unapproved.

 

Please get rid of personal identifiers.

Afternoon ims21

 

What further personal identifiers do I need to get off?

[cgowers]

Current document deleted.

[ims21]

Your marker pen allowed your name, address and other stuff to show through.

[cgowers]

Hopefully this will PDF document will be OK.

[ims21]

They should have provided an up to date statement as well as a copy of the T&Cs at inception and the current ones.

 

If these are missing then they have not complied with the CCA request.

[cgowers]

They should have provided an up to date statement as well as a copy of the T&Cs at inception and the current ones.

 

If these are missing then they have not complied with the CCA request.

 

What letter would you recommend that I send them?

[ims21]

http://www.consumeractiongroup.co.uk/forum/content.php?436-Failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale

 

Amend to suit

[SWLABR9]

So does this mean that now Capital have no lawful recourse (if they want to see any money) but to send DCAs?

[cgowers]

So does this mean that now Capital have no lawful recourse (if they want to see any money) but to send DCAs?

 

Capital One can still send DCAs but if the contract is unenforceable by a court of law you do not have to be pay. They can still chase for the money off you and it will stay on your credit file, but they cannot enforce this through the courts.

 

I am sure someone with more experience will confirm if this is correct.

[cgowers]

I have amended the template to my personal circumstances.

 

Any comments on this letter would be greatly appreciated.

[cgowers]

Morning All

 

After sending the 21 day warning letter to Cap One, I have received nothing from them and the 21 day period has past.

 

What should be my next course of action?

 

Thanks

[cgowers]

Good Morning

 

I received a reply from Cap One on 22 Nov (letter dated in 13 Nov) stating that they believe everything has now been provided following the CCA request I made on 4 Oct. In my letter of 25 Oct, I stated and I quote;

 

'In this case you have failed to send a full statement of this account detailing all debit and credit to the account and a current copy of the terms and conditions within the 12 working days that the CCA 1974 allows.'

In Cap One letter they said that a statement of the account had been provided (which is hasn't) or a current copy of the terms and conditions.

In my opinion, Cap One has failed to comply in full with my CCA request.

Could you please confirm if I am correct about this and what the relevant statute is about providing these documents so I can make a full reply to Cap One.

Thank you in advance.

[cgowers]

Good Morning

 

I received a reply from Cap One on 22 Nov (letter dated in 13 Nov) stating that they believe everything has now been provided following the CCA request I made on 4 Oct. In my letter of 25 Oct, I stated and I quote;

 

'In this case you have failed to send a full statement of this account detailing all debit and credit to the account and a current copy of the terms and conditions within the 12 working days that the CCA 1974 allows.'

In Cap One letter they said that a statement of the account had been provided (which is hasn't) or a current copy of the terms and conditions.

In my opinion, Cap One has failed to comply in full with my CCA request.

Could you please confirm if I am correct about this and what the relevant statute is about providing these documents so I can make a full reply to Cap One.

Thank you in advance.

 

Any opinions on what should be my next course of action?

[ims21]

The Details are in S78 CCA 1974.

 

I'm unclear as to what we are heading towards here. If it is challenging the debt on the basis of it being unenforceable then I think that is a dangerous route to go down as they could probably come up with something like a recon and other docs if they needed to.

 

Also you mention that you have a PPI claim with them which would clear the debt?

[cgowers]

Any opinions on what should be my next course of action?

 

Thanks ims21

 

Your are completely right. The PPI claim is certain to be accepted as on the documents provided by Cap One following the CCA request, it clearly shows that I never wanted the PPI. Any PPI compensation will clear the debt off and leave me a bit left over.

 

I shall write to Cap One to this effect.

 

Thanks for everyones help.

[ims21]

Thread is being closed - OP reports that this has been resolved but has chosen not to say how