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I asked Cap One for a copy of my CCA agreement 12 working days ago the final day is today. Lo and behold, today I received a letter with my £1 cheque returned saying that they would be sending on my terms and conditions.

 

Surely this is not the same as the CCA agreement signed by me. I don't think they can find it. (hopefully) If they do not send this copy of the agreement then they have committed the criminal offence??? I am wondering why they have sent the £1 back.

 

What should I reply??? Or should I wait for the next thirty days until they are completely in breach and have committed the offence.???? And then what should be my reply?????

 

 

Any help please!!! :confused:

 

maggiebroom

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Today I recieved a letter from Cap One with a copy of their terms and conditions. It says it is a credit agreement but there is NO box with any signatures from anyone. No wonder they sent back my cheque for £1.It is just a list of terms and conditions. Surely this is not what I asked for. Is there a template letter for saying that they have not complied and that I want a copy of my SIGNED agreement. And as the 12 days are now over, is it 30 days from now (working days) or calender days that I have to wait before they have committed a criminal offence. I have found they have been most unhelpful, and I am very pi**** off.

 

Help pleaase fom anyone.

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Write them a failure to Comply letter stating that they have not supplied the requested agreement and avise them they have commited an offence. If after a further 30 days they have not supplied a copy of the agreement they cannot enforce the agreement until such times as they produce the agreement or via the courts.

 

I did have a quick scan about for a template letter but couldnt find it..If you have a hunt about in the General Debt & CCA forums you should find one..

 

Ian

Lloyds TSB -PPI - Full refund . 05/09/06 :D:p (As Seen on TV) :p

Halifax settled in Full.. :D 22/09/06

TSB First Claim SETTLED IN FULL 19/10/06 :D

Second Claim to Lloyds TSB - Settled in Full

Firstplus - early settlement interest charges - Challenged the use of the rule of 78 - SETTLED IN FULL 12/1/07

PPI - GE Money / Purpleloans / Firstplus - Now Settled after 1 year long hard fight.

 

 

 

If my post has helped you, please click the scales! :grin:

 

Anything said is my opinion and how I understand the law, always consult professional legal advice before taking something to court.

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Hi reidnet

 

I did in fact find a letter in another thread. (Ishould have noted where, but there are so many threads.............) and have duly replied in this way:

 

Dear Sir

 

Re Account No: 5333333333333333

Thank you for the information you sent following my request under the CCA 1974.

 

However, I made a request to you on 19th April 2007 for a copy of the executed agreement applicable to the alleged debt. Under the CCA s77/78, you are obliged to send me a TRUE copy of the actual credit agreement but you have only sent me a copy of some recent terms and conditions.

 

A regulated credit agreement contains all of the prescribed terms, other required information and statements of my statutory rights. Any separate terms and conditions (which should have been referred to in the original agreement) should also be provided to me and must be those applicable at the time that the agreement was signed.

 

I am resending the cheque for £1 that you returned, and would remind you that under the terms of the CCA 1974 the 12 days for compliance to my original request have now expired, and I have no obligation to pay any more payments until you supply the above TRUE copy of my signed agreement.

 

I would therefore be obliged if you would send me a TRUE copy of these documents as soon as possible.

Yours faithfully,

Lets hope they take note of this and find the original agreement. I really don't remember signing one so I don't think they have it at all.

 

What do you think???

 

maggiebroom

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Hello maggie,

 

the letter looks good...you are defenetly going in right direction...

 

 

let us know what you get in respond ,if you get one:)))

 

regards,

 

Maria

Carphone Warehouse WON £195.00

Welcome Finance in Court. N244 accepted.

Barclaycard WON with contractual, PPI and charges for time spent and letters sent

Halifax solo, switch, Credit Classic, Halifax one Itsme Vs Halifax 2 accounts

Creation Finance Prelim received offer of £79.88.... Itsme VS Creation Finance

Vodafone overcharged Vodafon.. anything that could be done?

 

U know where the scales r:)))))

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Looks good to me Maggie..

 

Lets see how they squirm out of it this time..lol

 

Ian

Lloyds TSB -PPI - Full refund . 05/09/06 :D:p (As Seen on TV) :p

Halifax settled in Full.. :D 22/09/06

TSB First Claim SETTLED IN FULL 19/10/06 :D

Second Claim to Lloyds TSB - Settled in Full

Firstplus - early settlement interest charges - Challenged the use of the rule of 78 - SETTLED IN FULL 12/1/07

PPI - GE Money / Purpleloans / Firstplus - Now Settled after 1 year long hard fight.

 

 

 

If my post has helped you, please click the scales! :grin:

 

Anything said is my opinion and how I understand the law, always consult professional legal advice before taking something to court.

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  • 2 weeks later...

Today I got a letter from Crap One which included copy statements of all my dealings with them since 2002 (When I got the card) as in a SAR request. Handy for claiming all their charges back, but the letter also said that my £1 cheque was returned as it was not needed, and there was a copy of my credit agreement.

 

Guess what??

 

No cheque and no copy of the agreement. :???: Now are they going to claim they sent them, and is it going to come down to my word against their? How can I prove the agreement and the cheque were not in the envelope? Or is this again another delaying tactic?

 

Another letter will go off today demanding my copy agreement or else.

Anyones thoughts???

 

maggiebroom

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Sounds to me like a bit of a cover up or delaying tacticts, It could be that they do not actually have the agreement.

 

Demand a copy of it and ask them to send it recorded delivery this time.

 

Good luck

 

Ian

Lloyds TSB -PPI - Full refund . 05/09/06 :D:p (As Seen on TV) :p

Halifax settled in Full.. :D 22/09/06

TSB First Claim SETTLED IN FULL 19/10/06 :D

Second Claim to Lloyds TSB - Settled in Full

Firstplus - early settlement interest charges - Challenged the use of the rule of 78 - SETTLED IN FULL 12/1/07

PPI - GE Money / Purpleloans / Firstplus - Now Settled after 1 year long hard fight.

 

 

 

If my post has helped you, please click the scales! :grin:

 

Anything said is my opinion and how I understand the law, always consult professional legal advice before taking something to court.

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  • 2 weeks later...

Today I got a very strange phone call from Cap One, asking me for security questions. I said if they had anything to say to me they could put it in writing.

A foreign chap asked me to phone them tomorrow (Monday), and I said I couldn't as I would be out all day.

He put the phone down.:confused:

 

I still haven't had a copy of my CCA so I suppose they want to know what I am up to.

 

Has this happened to anyone else?

I am confused.

I first requested for my CCA agreement on the 19th April. They then sent back my cheque and I resent it on the 21st May. Since then I have heard nothing, until this phone call.

I think they are well out of time now, so what is the next step.

 

all advice gratefully accepted.

 

maggiebroom :confused:

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PS Is there a template for this situation. I have had a good look but this site is soooo large now?

 

Hiya Maggie,

 

I personally would not enter into any telephone conversation with them.

 

I think the bottom line is if they cannot produce or will not produce the credit agreement, its because they can't.

 

You can report them to the OFT for non compliance, but personally speaking they don't seem to do much, (been reading the credit agreement thread).

 

Maybe write to them to tell them they accutally forgot to enclose the credit agreement in their last letter and that you still do require it.

 

If you get no joy. maybe stop making payments to them and watch them sit up and take notice.

 

This is based on my personal belief only. It is your call at the end of the day, and how far you wish to go with this.

 

Good luck

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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Hiya Maggie,

 

I personally would not enter into any telephone conversation with them.

 

I think the bottom line is if they cannot produce or will not produce the credit agreement, its because they can't.

 

You can report them to the OFT for non compliance, but personally speaking they don't seem to do much, (been reading the credit agreement thread).

 

Maybe write to them to tell them they accutally forgot to enclose the credit agreement in their last letter and that you still do require it.

 

If you get no joy. maybe stop making payments to them and watch them sit up and take notice.

 

This is based on my personal belief only. It is your call at the end of the day, and how far you wish to go with this.

 

Good luck

 

I agree, I would not enter into phone call which is why I refused to talk to the idiot.

I didn't pay my last payment because they haven't produced my CCA, and I guess this is why I got the phone call. I have already written demanding the copy, but still no joy.

 

However, I also agree that the OFT do not seem to do any good, although I shall write a letter complaining anyway, just to cover my end of the saga.

 

Lets see what they come up with next.

 

maggiebroom ;)

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I have recieved a copy of a form from Cap One.

It is called a 'short apllication' and at the bottom there are two boxes in a section called

Credit Card Account Agreement. One is signed by myself and the other is signed by someone called A, Smith. Down one side there is a list of credit card pictures and you have to tick which one you want. there is also a tick box for Capital Ones Payment Protection Scheme and I have also ticket this.

 

I wanted to scan it in but I can't manage to get it to attach itself and don't know how to upload it so everyone can see.

 

Can anyone help with this as I am not sure if it is the genuine article or not?

 

perhaps one of the moderators or someone with a bit of knowledge would accept a copy through the PM method and have a look at it for me?

 

Its getting urgent now as Cap One have started phoning daily and I want to have some answers for them.

 

I am very much afraid that this is genuine and apart from claiming the PPI back I will have to carry on with payments.

 

Some urgent help is needed here, as I am not sure what to do now.

 

maggiebroom :confused:

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I have recieved a copy of a form from Cap One.

It is called a 'short apllication' and at the bottom there are two boxes in a section called

Credit Card Account Agreement. One is signed by myself and the other is signed by someone called A, Smith. Down one side there is a list of credit card pictures and you have to tick which one you want. there is also a tick box for Capital Ones Payment Protection Scheme and I have also ticket this.

 

I wanted to scan it in but I can't manage to get it to attach itself and don't know how to upload it so everyone can see.

 

Can anyone help with this as I am not sure if it is the genuine article or not?

 

perhaps one of the moderators or someone with a bit of knowledge would accept a copy through the PM method and have a look at it for me?

 

Its getting urgent now as Cap One have started phoning daily and I want to have some answers for them.

 

I am very much afraid that this is genuine and apart from claiming the PPI back I will have to carry on with payments.

 

Some urgent help is needed here, as I am not sure what to do now.

 

maggiebroom :confused:

 

Hello maggie,

 

Stop panicking. Have you read any of the post in the general debt section There are two really important ones. The credit agreement thread and credit agreement application form.

There are some really educated people on there who if you ask may have a look at it for you.

 

Also if you read the Consumer Credit Act. There is a section which tells you that all credit agreement must have prescribed terms etc

 

Credit limit

interest rate etc etc.

 

I will have a look for this info for you.

 

Meantime If you want to pm me, I could have a look, I am not an expert but do know a bit. and then we can move further. ok:D

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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Hi maggie

 

here is one of the threads, take you week to read it, but I think if you read the last few pages you will get an idea and names to ask questions

 

Consumer Credit Act Agreements

 

The other one

 

paperclip.gif Credit AGREEMENT -or- APPLICATION?

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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I have joined Image hosting, free photo sharing & video sharing at Photobucket and am hoping to download this copy of the CCA I have been talkin about.

 

Here Goes........................http://i208.photobucket.com/albums/bb198/maggie

 

well that went down well :rolleyes:

 

Someone help please?? How do I download a pic of my CCA agreement (so called) from photobucket??

 

Detailed instructions please, I am sometimes a complete dicko when it comes to technology.

 

maggiebroom :)

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OK then Try this.

 

 

Oh this is great fun.

what a ballsup. :D :D :D

 

HELP?????

Hello maggie,

 

You can see it all to clearly:eek:

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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Does that mean you have seen my picture of what I now think is just an application form.

 

I hope so. If you have seen it can you please let me have your opinion on whether or not it is an application or agreement?

 

I am going slowly round the bend.

I feel like the oozlum, boozlum burd (rapidly disappearing up my own rear) :D

 

maggiebroom :)

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Hi All

 

This is what I propose to send to capital One as they have not sent me proper CCA

 

Can anyone see anything wrong with it and if so what?

 

I want it to be right

 

 

Dear Sir

Re Account No: 000000000000000000000

With regard to the documents that you sent me in relation to my request for information under the Consumer Credit Act 1974, I am still waiting for the signed executed agreement. You seem to have sent me an application form and a somewhat recent copy of your terms and conditions. I’m sure this must be an oversight, so I will ask you again for the proper documents.

I draw your attention to section 61 of the consumer credit act 1974 (an excerpt enclosed for your perusal) in that :

 

S61(1)(a) CCA provides that, for a regulated agreement to be properly executed, it must contain all the prescribed terms of the agreement and conform to regulations under s60(1)

Be also advised that your statutory time period has elapsed and YOU are now in default and very shortly you will have committed a criminal offence. As you are now in default NO further action can be taken on this account until such a time as the original SIGNED EXECUTED documents are made available to me.

This account is now in dispute and I forbid the passing of any data to third parties, if any data has been processed illegally since my last request I shall take appropriate action.

 

I shall be carefully considering my options and next actions.

 

I await your response.

Yours faithfully

 

 

maggiebroom :)

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Having looked again at the letter that came with the 'application', I realised that it states the document is an 'application'.

 

So even their letter proves that they haven't got a legitimate agreement.

I cannot believe that they treat people as idiots like this.

Talk about shoot yourself in the foot. :rolleyes:

 

Lets see what they have to say about the above letter.

 

maggiebroom

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