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Capital One fredrick v my friend start cca request here we go


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Hi

 

All its been a long time since using this forum so if someone can help along the way than that would be great,

 

My friend has got into debt and hes worried so

 

i thought i would try and help with the advice i have received in the past, together i think we can assist hopefully,

 

History

information i have is that he is In debt for a capital One credit card

-Now with interest and all charges adds up to over £8000,

this was taken out in April 2002,

 

he has gradualy made infrequent payments due to his financial circumstances

and has recieve the usual default/sums of arrears letters.

 

When i got involved i sent capital One an agreement on his behalf of £30.00 per month which they accepted,

 

They have now got Fredrickson involved and they are chasing him using the usual tactics.

 

I have started a story board/file which i always use so Now it begins,

 

To date

 

I have sent off a sar/cca and hope to dispute the debt due to unenforceability?

 

To which i have a letter back along with a single page application form and new tc's along with a letter from Cap One,

 

Not having been involved of late with enforceable issue

can someone enlighten me with court action regarding this

and advise me if these grounds of dispute still stand

Thanks in advance

 

 

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Honestly, i think you should ignore Freds and pay Cap 1 directly.

 

Its the only way here really as you have already agreed a payment plan with Cap One

 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

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Hi unfortunately he has sent the last payment to fredrickson, after getting a threatogram from Bryan Carter

 

I was hoping to put the account in dispute and go from there regarding any future payments and seeing off all collectors/phone calls etc,

 

Can anyone please advise on the attached application form and where he stands now with enforceability with the Capital One letter he has received (attached in previous post)

Regards

Gary

 

 

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rarely that's an enforceable application/CCA form and the correct T&C's too ...unless someone finds diff.

 

can you get his credit file please

and tell us if it shows

 

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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Hi Dx/fkofilee

Thank you for your input,

 

I've been searching similar threads and although it's been some years since I have put all mine to bed-albeit silenced anyway,

I'm convinced this simply application form although has complied with the 77/78

we maybe able to keep the account in a dispute state and fend off the oc for a time,

 

Getting my friends credit file may take sometime but to be honest looking over the last 6 months

 

Debt is still with cap one after agreeing a monthly payment which he didn't miss the debt was passed to fredrickson

for a more aggressive approach then carter within 2 weeks with threats of court usual stuff but this scared him into sending payment to frdrickson

 

To be honest it was my stupid advice which was used to do this at the time to ease his anxiety

-plus give me time to assess his situation I would never have normally done this but what's done is done

and I will have to make amends as they won't be getting anything else

 

I'm still after a response letter relating to the Carey case they have quoted so I can put this account in dispute

 

 

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Ahh this one

 

 

Originally Posted by :

Dear Sirs

Account No: XXXXXXXX

​On XX/XX/XXXX I wrote requesting a true copy of the executed credit agreement for the above account. In response to this request I was supplied an application form, a copy of which is attached, which did not comply with the requirements of the consumer credit Act 1974 (CCA1974). I would like a copy of the actual agreement. I appreciate that as per Carey v HSBC, a reconstituted agreement can be provided, however I am disputing the actual existence of such an original which means the Carey case is irrelevant as without one the account would still be deemed unenforceable. Carey only went to prove that if you could not provide an original, for whatever reason, but had proof on your systems/records that certain conditions were in place at that time then a recon could be submitted only in-so-far as to satisfy your s.78 request. If you do not have an original then a recon cannot be produced.*

The document you sent, purporting to be a credit agreement, does not contain all of the prescribed terms as required by section 60(1) Consumer Credit Act 1974, plus you did send an application form. The Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) made under the authority of the “1974 Act” sets out what the prescribed terms are, I refer you to Schedule 6 Column 2 of SI 1983/1553 for the definition of what is required. Suffice to say, all of the required terms are not present in this document. Since this document does not contain the required prescribed terms it is rendered unenforceable by s127 (3) consumer Credit Act 1974, which states:*

127(3) The court shall not make an enforcement order under section 65(1) if section 61(1)(a)(signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).

This situation is backed by case law from the Lords of Appeal in Ordinary (House of Lords) the highest court in the land. Your attention is drawn to the authority of the House of Lords in Wilson-v- FCT [2003] All ER (D) 187 (Jul) which confirms that where a document does not contain the required terms under the Consumer Credit Act 1974 the agreement cannot be enforced.

 

 

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