Cap One 2005 application - checking signature of Cap One

[dontlookback]

I have a 2005 application form sent in reply to a CCA request.

 

I'm happy that's it's unenforceable as a CCA, but one issue I'm particularly interested in is Cap One's signature on the form. Just want to know if they hand signed them. It looks hand signed, but does anyone know if this would have been the case?

 

I can't attach mine at the moment, but it's the same as in post number 62 on page 4 of debtuptomyeyeballs thread entitled

Help-Needed-Capital-One-Default-Served (can't post links)

[BRIGADIER2JCS]

Hi welcome to CAG,

Back in 2005 the app may well have been approved by hand written signature.

For a 2005 account an application the original 'agreement' will be need to enforce

the account in court.

Is this account still being chased by anyone, is a DCA involved.

[dontlookback]

Thanks for your reply.

 

Yes, the signature on mine and on debtuptomyeyeballs (DUTMEB) application do look hand signed.

 

The reason I'm asking is because I made a copy of his application from his thread and found that by superimposing the one on mine over the one on his and vice versa, they are the same - and I mean pretty much EXACTLY the same, even down to, for example, the gap near the top of the third letter from the end which looks like a "O". The applications weren't signed on the same date, and I just think that the chances of someone's signature being exactly the same, probably many days or weeks apart, is highly unlikely.

 

This suggests to me that the same signature has been copied and pasted.

 

The same signatory appears on applications I found on CAG from Sept 2005 and March 2006, but they aren't exactly the same as the one on mine and DUTMEB's.

 

Is there a collection of Cap One applications all in one place somewhere on here? It would certainly be useful to have such a resource - at the moment, I'm having to trawl through threads, only to find that some are too early or too late or some have Cap One's signature deleted, though not sure why, or the attachment has been deleted from the thread altogether.

 

Anyway, I'm still in correspondence with Cap one on this matter, so no DCA yet.

 

If anyone has early to mid 2005 applications from Cap One with Cap One's signature on, I'd be really interested in seeing them.

[BRIGADIER2JCS]

A 'signature' can be 'hand written' electronically produced' a rubber stamp' 'an initial or initials' etc all are acceptable in law.

 

No collection as far as I'm aware, I have just taken a look at some Cap1 files I have signatures do appear to be digitally reproduced.

[dontlookback]

So if they were using a digitally reproduced signature in 2005 and applying this to applications once approved, I don't understand why they didn't use that on all applications purporting to be signed by that person.

 

I think I need to do more trawling.

[BRIGADIER2JCS]

I seriously doubt that 'variations' of signature (s) is going to have any impact on enforceability of agreements, if an application form has been used as PART of a reconstituted agreement it must have ALL the data relevant to the actual agreement, in this case though an original agreement would be needed to enforce.

 

As this is a 2005 account depending on if payments have been made and written acknowledgment in 6 years it would be statute barred, also if no court action has been started in six years from the default date it cannot now be started.

[dontlookback]

Thanks.

 

What I'm trying to establish is whether the application sent in response to the CCA request has been tampered with to appear that it was signed when, in fact, it may have been concocted by copying and pasting the signature of Cap one onto it in order to mislead me into believing it was signed.

 

There's no possibility of the claim being statute barred at the moment.

 

As to enforceability, the application looks to be the same as the one on DUTMEB's thread, with no prescribed terms on the back or anywhere apart from in separate T and C into which they have inserted my name and address, but these are undated.

 

Cap One say they don't have the original but I've made it clear that I question the authenticity of the form they've sent and so the original is central, especially as they say the PTs were on the back, but there's no reference to them at all on the application.

[BRIGADIER2JCS]

Given this information the app is unacceptable and my be rejected completely.

[SWLABR9]

Sorry, what are PTs in this context?

[BRIGADIER2JCS]

Payment terms which MUST be on the document.

[dontlookback]

Sorry - Prescribed Terms

[dx100uk]

all cap1 forms had that 'stamp' on them

 

doesn't in itself make it un-en.

 

why have you questioned the cca...someone chasing you.

 

dx

[dontlookback]

dx100uk - yes, Cap One!

[dx100uk]

for a 2005 account

is it still active then?

 

is this on your cra file?

 

dx

[dontlookback]

Yes - only stopped paying late last year. Its on my CRA file.

[dx100uk]

well I certainly would not be looking at that as an excuse of un-en agreement.

 

not got any penalty charges or ppi etc to reclaim have you?

 

how much is outstanding and why did you stop paying them?

seems strange for them to have let it slide this long without serious threats.

 

dx

[dontlookback]

No penalty charges, etc until I stopped paying with the payment due at end Dec 2012.

 

There have been lots of delays on their part in providing documents and attempts to fob me off, which is what has made me suspicious.