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Drew v Capital


andyford2000
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many thanks all for the advice

 

I have received a letter today from CAP 1 with regards my CCA request.

 

they have sent me Credit Card Agreement Regulated by the Consumer Credit Act 1974

 

it has my name and address Typed on the document at the top, but no signatures or dates just general terms on it.

 

to be fair, I cannot remember ever seeing any document like this before.

 

what should one do now ???

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Are you able to post it up for us to look at?. . just blank out your details.

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many thanks all for the advice

 

I have received a letter today from CAP 1 with regards my CCA request.

 

they have sent me Credit Card Agreement Regulated by the Consumer Credit Act 1974

 

it has my name and address Typed on the document at the top, but no signatures or dates just general terms on it.

 

to be fair, I cannot remember ever seeing any document like this before.

 

what should one do now ???

 

Sounds like the one they sent me.

 

http://i195.photobucket.com/albums/z27/Steve63_01/IMG_1180.jpg

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I think you should, there is a template letter to send that says the form they sent does not fulfil thier obligations under the CCA request.

To be honest I'm pretty new to all this but I am picking it up, I had a call from Cap 1 today and when they asked me to confirm thier questions for security reasons I just said no, the guy said "pardon" I said no again he said "you must confirm the questions before I can talk to you about your account" my reply? well we may as well end this conversation now then, he he.

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just had a call from Crap One on Mars asking for my security details as the normal, only missed this months payment, and is only for £34. buggers

 

told them I was placing the account in dispute for the reason of not suppling me the required information in regards to my CCA request. they werent happy at all, hehe

 

I am in the process or typing up a letter regards the failure and also request for all my PPI payments back aswell as the charges and interest.

 

am i doing this right, or have I opened a can of worms for myself

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this is what I am proposing sending, is it correct

 

Dear Sir/Madam

 

ACCOUNT NUMBER: 1234567890

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

 

However, I made a request to you on 30th July 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 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 within the next 7 days.

Yours faithfully,

Andrew Ford

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will this do,

 

Legal Compliance Specialist

Capital One Bank (Europe) plc

Trent House

Station street

Nottingham

NG2 3HX

3rd September 2007

 

Response to settlement offer.

 

 

ACCOUNT NUMBER: 1234567890

 

Dear Ellie Renshaw,

Thank you for your letter dated 10th August 2007.

I respectfully decline your offer as Full and Final settlement and request, once again, that you return to me all charges imposed on this account, totaling £964.00 plus a further £752.77 in interest.

I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder, with a County Court claim if necessary.

 

If you do not accept my conditions for acceptance, or you do not respond within 7 days, I shall have no alternative to pursue the recovery of said monies through the County Court. For the avoidance of doubt, I wish to stress that I do not accept your offer under the terms stated in your letter.

 

 

I trust this clarifies my position.

 

 

Yours faithfully

 

Andrew Ford

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I have a letter back from capital one, basically with the same offer as before.

 

what is the way forward now, I am claiming Fees of £964.00 and interest of £752.77 based on 22.13% interest total £1716.77

 

any help would be welcomed.

 

 

Dear Mr Ford

 

Thank you for writing back to me about my offer to refund £370 of the fees we've added. I am sorry to hear that you feel my offer isnt substantial enough.

 

As I've already explained, we're confident our fees are both fair and legal and I'm dissapointed to hear you're considering court action. The OFT haven't told us that we're obliged to refund any fees, and we've offered refunds as a gesture of goodwill. I'm afraid I wont be refunding all of the fees as you've asked.

 

My offer of £370 is still open to you. I won't be increasing this, as it is my final offer.

 

Finacial regulations require me to advise you that this is my final response in relation to this matter. However, you now have the option to contact the financial ombudsman service within six months from the date of this letter. Their contact details are in our complaints leaflet, which I included with my last letter.

 

Again, I look forward to receiving your signed settlement form so we can put this behind us and save the courts valuable time.

 

Yours sincerely

 

Ellie Renshaw

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how about this as my reply, thoughts please

 

Legal Compliance Specialist

Capital One Bank (Europe) plc

Trent House

Station street

Nottingham

NG2 3HX

10th September 2007

 

Response to settlement offer.

 

 

ACCOUNT NUMBER: 1234567890

 

Dear Ellie Renshaw,

Thank you for your letter dated 5th September 2007.

I respectfully decline your offer as Full and Final settlement and request, once again, that you return to me all charges imposed on this account, totaling £964.00 plus a further £752.77 based on 22.13% contractual interest, or either £213.53 based on 8% interest which is likely to be added by the Courts.

I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder, with a County Court claim if necessary.

 

If you do not accept my conditions for acceptance, or you do not respond within 14 days, I shall have no alternative to pursue the recovery of said monies through the County Court. For the avoidance of doubt, I wish to stress that I do not accept your offer under the terms stated in your letter.

 

 

I trust this clarifies my position.

 

 

Yours faithfully

 

Andrew Ford

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Andy,

 

Seems fine but I'm not sure about offering them the alternative interest rates, did you do this in your prelim claim?

 

You should stick to your guns the courts can decide which interest rate, and go for the contractual interest, be sure to have your arguments in place should it go to court.

 

Does your charges figure include interest that they have charged you on the charges(if you know what I mean?).

 

I am at the same stage with Cap One and have the same offer from Ellie R.

 

I will be writing a letter to day stating refusal and LBA. I wanted to find the EGG letter that someone wrote arguing against the £12.00 fee reduction, but will have to look of it again(anyone have the link??).

 

You can follow mine at the Beetlejuice vs CapOne thread

 

good luck hope me comments helped.

 

BJ

 

:cool:

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Hi Andy

 

Leave out the 8% offer to them at this time. It's normally added at the court stage. You don't want to give then the option of CCI or 8%. Don't agree to any terms offered, it's a staright forward calim for charges. There should'nt be anything attached.

 

Uk

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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Bad news down here in the South West today.:(

 

My N1 went in last week & I got a letter back today & the courts have decided to apply a Stay until the outcome of the OFT test case!!!

 

I cant believe it & am outraged.

 

This is the first Ive heard of Cap 1 having a stay, what about you?

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