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Clear_my Vs CapitalOne


clearmydebts
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Hello all,

I have been in an extended letter writing campaign with capital one re:CCA.

I have recently received a bogoff letter claiming amongst other things that provision of the current terms and conditions complies with section 78 of the CCA 1974 and that the agreement is properly executed. (see scan below)

Obviously, what i have been sent is an application form which is very much precontractual.

Can anyone advice as to the best course of action PLEASE!!

 

untitled12a.jpg?t=1187638400:confused:

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If they have stated that this is a copy of the credit agreement then you should agree with them as it is the document that they would have to rely on in court. Oviously it would be completely unenforceable as a credit agreement.

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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I would try to get the account wiped clean although Cap One will try and insist that what they have sent you is enforceable.

 

To kick the process off you may wish to send them the following:

 

Dear Sirs,

Thank you for your response to my request under the Consumer Credit Act section 78.

 

I am pleased to see that you confirm this as a true copy of the original agreement executed by ourselves on the (date).

 

As you must realise this agreement does not conform to sections 60(1) and 61(1) of the Consumer credit Act and is therefore unenforceable under section 127(3) of the same act.

 

As this is the case I will of course be making no further payments on this agreement, any further action on your part to enforce will be vigorously contested.

 

Please note you may also consider this letter a statutory notice under Section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies including any defaults. Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’, you must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you fail to respond within 21 days, I will expect that this means you agree to remove all such data.

 

I shall also be considering further action to recover unlawfully applied interest and charges that have been levied on the “Agreement”.

 

NOTE: You won't actually be doing the last bit, you are just stating that you are considering it.

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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