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Claim from CAP1


gill5blue
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Hi

I requested my CCA and list of overlimit & late charges on the 22nd May, I have recieved list of charges £80.00, but no CCA.

Do I claim charges then go for unenforcable or go for unenforcable I owe £2000.00

Gill

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  • 5 weeks later...
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Cap one do not have agreements only application forms, they actually admitted it to someone. I am doing my daughter's claim and as she actually owes them more than what she was claiming so I am going for unenforceable, serves them right for messing us about like they have. The choice is yours. You need to be strong though if you go for unenforceable because they're not going lightly.

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  • 3 weeks later...

Hi

this is the response I recieved from CAPITAL ONE for the CCA

Can anyone tell me if this enforcable or an application form please

 

[removed - suggest you black out your personal information first!]

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As you are not online i have sent message to mods to delete the link as all your personal information is visable, and needs to be removed ASAP, you are putting yourself in a very vunerable position having all these details visable for all to see

:madgrin:

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Thankyou ICY I did not realise I had loaded the one with my details and not the one with my details

THANKYOU AGAIN

you can remove your link I have uploaded the correct copy now

 

http://i207.photobucket.com/albums/bb262/credit_2007/Cap1App1.jpg

 

what I need to know is it an enforceable copy

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It's the same as your Barclaycard "agreements".

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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thankyou again youve been very helpful

i have few credit cards and not one has sent me an enforceable CCA

I shall take the road of unenforceable as i do not have any charges i always paid on time

I also have no sympathy for them, as such large organisations they should have kept everything in order, they did not, why? i have no idea but i guess it was to spend the least amount of money on consumer and gain the most from them

wit the bank charges on hold maybe it will not to long to agree 'unenforceable'

thankyou again

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  • 1 month later...
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  • 2 weeks later...

UPDATE

After complaing to FOS, FSA, INFORMATION COMMISSIONERS OFFICE, trading standards they ring daily even when i have sent a letter requestong all communications to be done by writing.

I have just filled out a complaint to OFT over internet, complaining about lack of CCA and daily phonecalls

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Ok . . let's see what happens now. Capital One must be one of the worse banks for phone hassle. Have you had a look at Maggiebrooms thread in the PPI section?...

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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Next time they ring say to them can you make a note on your screen that I have reported Cap One to Trading Standards for harassment and that they have not met their legal obligation by supplying a signed agreement. Don't phone again until you have fulfilled your obligation.

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I found a recorder on my windows(vista) and now when they ring I explain that the account is in default, this records them date etc. I dont inform them at the time that I am recording them because i sent a letter requesting all communication to be done in writing and any further phonecalls may be recorded. What they also like to do is ring and hang up when I answer, so I do 1471--3 and record the message saying Cap1 rang

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  • 2 weeks later...
  • 2 months later...

update

Cap1 still ignoring situation and say they have complied

Here is the application form

Can anyone tell me if it is valid because they say I have breached the agreement and have served notice of default under section 87 (1) of the Consumer Credit Act 1974

 

http://i207.photobucket.com/albums/bb262/credit_2007/Cap1App1.jpg

 

How shall I reply?

Cheers in advance

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If your case is still with the FOS everything you receive from CapOne should be passed to the FOS to deal with.

 

My daughter's case is exactly the same 3 application forms and passed to the FOS. The FOS are very slow though to deal with this and CapOne kept writing to her until I eventually emailed the FOS and told them to deal with the matter or to respond to CapOne to refrain from writing to her until such time as negotiations had been dealt with. They have not written to her now for sometime. Had a letter from FOS to say that the matter had not yet been passed to a caseworker. This is from last summer.

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  • 3 weeks later...
  • 2 weeks later...

UPDATE

Well cap1 have stopped ringing and passed the account on to 'debitas solicitors'-I am now writing to the solicitors stating I have not been supplied a true copy blah blah of the CCA.

I will have to wait to see what they come back with.

It gets so tiresome sending similar letters( and guessing correctly the replies) but I will keep going

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  • 3 weeks later...

Hi,

I have just had a letter from CAPITAL ONE stating that since the account has been opened it has been operated in accordance with the terms and conditions and as so it will remain enforceable, how shall i phrase my letter in response to them?

Surprise, thankyou for your response, what can I state in a letter to them as to what prescribed terms are missing?

Help it is getting me down

Gill5blue

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