oops

I dont think they have to do anything, but im not too sure. All depends if you included the default removal as part of your complaint, if the amount is made up of charges, then you should include this in your original complaint.

Have a look here WON!! Egg Smashed £900

I wouldnt of thought they would send you the original, you could receive it and burn it, then say it never turned up and then there would be no agreement. I wouldnt like to say if the agreement is enforcable or not, but thats the closest ive seen from Cap One.

Well the letter has gone. Ill be knocking up some POCs in the next week or two, id appreciate if anyone, when ive posted them, could point out any faults or even throw in one or two i should add. Thanks

Well thats that bit done, the cage is definately rattled Ill be working on the POCS in stages, so if anyone can offer assistance and point if ive done anything wrong, id very much appreciate it. Ill get some sorted in the next week or so. Thanks

What about the creditors name and address?

If the charges add up to more than the balance of the account, why bother asking for a CCA, it will be far easier to reclaim charges and when you win, you will end up with a few quid back in your pocket or ya dads. I did this with Citi, Citi dont have my agreement, but the charges add up to £500 more than my balance, so im going after them for the charges. Going down the CCa route will be a lot more difficult and could possibly get a default registered against you or ya dad and that will be a battle in its own rights to get that removed. IMO reclaim charges.

Also if im reading the 1983 Regs right...... Section 4.3 says 4.3 Do all parties have to be named in the agreement? Yes. Reg 2(4)(b) requires, immediately after the heading to the agreement, details of the parties as set out in Sch 1 para 2. This comprises the name and a postal address of the creditor and of the debtor. If there is more than one debtor, each must be named and a postal address shown for each. Now i cant see Cap Ones address on there?

Thats the bit that came with the agreement, i dont know if its from the time that i opened my account. Account was opened in 2005 i think. I'm led to believe Section 2 1983 Regs says that the terms of the agreement should be within the agreement, not on a seperate document labelled Terms and Conditions.

This is the other part

Give me a second and ill post the other bit up

Again thanks for the reply To be fair, if they respond they respond, if not, so be it, im sure the N1 will make them stand up and take notice. I havent had any written contact from Cap One in months, obviously if they knew they had a chance of recouping this account, they would of instructed somebody to deal with this account on their behalf and chase me down the road for the cash, they havent, so i reckon i have a good chance. Guess time will tell.

Thanks for your input fellas, i cant post it for a fortnight, but will keep this thread updated

Thought i might of had a comment or two Ah well, it goes in the post tomorrow

Times getting on and had a quick go at penning a letter, what do we reckon, do the legallities look right, can i add to it, should i remove something? What do we reckon?

I like the sound of that Im just filling out my N244, so its ready to post in a week or two. Should i leave the bit in the first paragraph about it being a delaying tactic, or should i take it out?

Yeah i thought that too about going into the bank...... I got impatient and applied....... They can give a instant response, i got i will hear either by phone or post within 2 days if im succesful, which to me, means i wasn't Least its given me the kick up the behind, to move on with my claims and get them sorted one way or another. Onwards n upwards Thanks for the reply by the way

Thanks for the reply foolishgirl. At this stage im not looking to settle, i was going to when my case finished against Citi, but thats a few months away, so no offer at this stage. I will be looking to send them an LBA and go through the courts with it, lets see what kind of bottle they have

I imagine i received the same kinda of document when i requested my agreement. Something like this I was told it was unenforcable due to Section 61 and i believe its a pre contractual document and duly told Cap One that. Now my request was June/July last year, i stopped paying them and apart from the odd phonecall, i havent heard anything from them. They did however issue a default against me in Jan this year. Even though they shouldnt due to be in dispute. I think its time to bring this to a head, what i was going to do when i win one of my other claims, i was going to offer them roughly 35% of balance to settle the account if they removed the default. But i need a new car, i need a loan for the car, so i need to get the default removed. As anyone had a debt wiped out or a default removed with this kind of "agreement"? Im thinking about sending them an LBA and start court action come payday at the end of this month. Anyone give me any advice or point me in the right direction of succesful claims. Thanks

I'm starting to think its time to turn the heat up underneath Egg They have passed it to someone, who threatened to start court action, i did receive a reply to my letter to Capquest, saying they would look into it and reply within 28 days, unfortunatley, i cant find that letter....... But i want to get everything sorted once and for all either way, so i think its time to send Egg and LBA and get court action sorted in a fortnight. So im thinking i should send a letter to Egg, along the lines of them passing my account from pillar to post with no success, hence to no agreement and unless, within 14 days they wipe the debt and remove all history of this account including the default my credit file, i will start court proceedings, to include a judgement on lack of agreement and compnesation under the Data Protection Act. Lets see what they say, if they say anything at all. Time for the softly softly approach is over, its been over a year, cmon Egg lets get it on!!!!!!!!!!!!!!!!!!!

Good Stuff

Is what i have put in the first paragraph ok? even the bit about it being a delaying tactic? Also does it have to be an hearing?

My credit file is far from perfect,i do have some defaults, which i am in the process of trying to get removed. I have been with A&L for couple of years now, my wages go in and i havent been overdrawn, so my banking history with them is good. My money situation is now ten fold better than it was. I need a loan for a new car though, mine is on its last wheels Would A&L look at my history with them more on loan applications? Or is it all down to credit scores? Would going into the bank give me a greater chance of getting one? I haven't applied for one yet, because i think i will be turned down on my credit score. If i apply and get refused how would that effect my credit score? If i could, i would wait til all my claims have been settled, but my car has got to the age where things stop working and start to fall off *Edit* Which credit reference agency do A&L tend to use? Thanks

How does a Partially Settled account effect your credit score? Is it worth paying the extra months to get a Settled on your credit file? Thanks