Just Realised Cap 1 Agreement.. Isnt !!

[citizenB]

ANYONE LOOKING IN ON THIS THREAD FOR THE FIRST TIME ARE ADVISED TO SCROLL TO POST 47 ON PAGE 3.

 

A LOT OF POSTS WERE EDITED DUE TO PERSONAL INFORMATION BEING LEFT IN DOCUMENTS AND ALSO THERE WAS A MIX UP WITH TWO ACCOUNTS BEING DISCUSSED AND CONFUSED SO POSTS WERE REMOVED FOR ANOTHER THREAD WHICH KIND OF MUDDLED EVERYTHING A BIT MORE.

 

 

Grrrr, I CCA'd Capital One for OH at the beginning of January and received the documents below.

 

 

 

 

 

 

 

 

Assuming them to be correct, I made a monthly offer which has been paid regularly although Cap 1 continue to write almost daily saying it isnt acceptable. They continue to add interest and late payment charges

 

Just browsing through the Cap 1 threads today, I notice that AuntiePink

 

http://www.consumeractiongroup.co.uk/forum/capital-one/122227-pinky-capital-one.html

 

had identical documents and both Curlyben and pt2347 saythey arent enforeceable.

 

What should I do now please. At the very least I want them to stop the interest and late payment charges and accept the monthly payments. Advice please. The T&Cs are definitely later than 2003

Edited January 13, 2009 by citizenB

[citizenB]

The blue asterisks by the bar codes.. I put those there to remind myself to mention that the barcode numbers are different at the top and bottom ? does that mean anything ?

[citizenB]

bump:)

[citizenB]

Bump

[citizenB]

Edited May 9, 2008 by citizenB
removed to another thread to avoid confusion

[citizenB]

Thanks mkandy. No OH only signed the bottom page. The bit on the 2nd page is just name and address details.

 

I was wondering whether it would be a good idea to write to them saying something along the lines of having received some legal advice. I am now advised that the document isnt the correct one and giving them more time to produce it ?.

[mkandy]

Drawing on past experience with Capital One, i can tell you it will be fruitless. They will either send you the same thing again, or just tell you it is enforceable, i'm not 100% whether that last page is enforceable but from what how it reads, I would say not. I'll see if I can get someone with better CCA knowledge to give you a concrete answer.

 

If i were you, i would get the reclaim of charges underway, if you're raising a dispute around the fees being charged against you, they should stop charging you until the matter is resolved, i.e until the have fully re-imbursed you for all charges.

 

Have you request SAR as of yet? If you do, you can work out how much of an alledged debt is made up of default charges, and get them back, therefore negating the need them to demand money off you!

[ukaviator]

Threads Merged

[citizenB]

Threads Merged

 

 

Thanks UKaviator. I didnt know whether to keep them separate or together as they are two different account albeit with the same company

[citizenB]

Mkandy, no, I havent SAR'd yet. I had only recently sent out the CCA. I thought to go for the charges after I received the agreement.. Hmph.. seems as though I thought wrong.

[the main man]

Like others have said the T&C do not correspond to the signature document, which in itself does not contain the prescribed terms.

 

Another point, for reassurance, if you do issue a S.A.R - (Subject Access Request) to Capital One it maybe wise to issue a demand for complete disclosure of all information they have on you.

[citizenB]

Point noted main man thank you x

[mkandy]

Agreed, crack on with SAR alongside the request for CCA.

[citizenB]

Edited May 9, 2008 by citizenB
removed to another thread to avoid confusion

[ukaviator]

I would contact trading standards and the Information Commissioners office, as they will still be sending your Data to Experian, Call Credit etc.

[citizenB]

I would contact trading standards and the Information Commissioners office, as they will still be sending your Data to Experian, Call Credit etc.

 

 

Thanks UKaviator. Will get on to that right away. xx:)

[citizenB]

received 2 letters from Capital one today.

 

1st.. they want sight of the I&E form which as it happens I was just sorting out so that has gone off. However they are insisting they wont freeze the interest so along with the I&E form. I have advised them to sue OH in court for the debt. We will see what happens. There is little point in paying a sum each month for the debt to increase.

 

The other letter was a default notice.. Or I think it is. All they appear to be asking for is the amount over due from monthly payments. The total outstanding hasnt been shown anywhere.

 

 

 

[citizenB]

bump:)

[steven4064]

I don't think it is a defauilt notice - more an intention to issue a default notice

[citizenB]

Thanks steven4064.

[citizenB]

Edited May 9, 2008 by citizenB
removed to avoid confusion

[citizenB]

Thanks steven4064. I am just about to write to them again. Pointing out that it doesnt have those. I just wondered if the lack dating would be another stick to beat them with I am just going to read up on s59 so I understand exactly what it is. Thank you again for your assistance. xx

[citizenB]

Thank you xx

[citizenB]

received 2 letters from Capital one today.

 

1st.. they want sight of the I&E form which as it happens I was just sorting out so that has gone off. However they are insisting they wont freeze the interest so along with the I&E form. I have advised them to sue OH in court for the debt. We will see what happens. There is little point in paying a sum each month for the debt to increase.

 

The other letter was a default notice.. Or I think it is. All they appear to be asking for is the amount over due from monthly payments. The total outstanding hasnt been shown anywhere.

 

 

 

 

 

I don't think it is a defauilt notice - more an intention to issue a default notice

 

 

As mentioned above, on 19th April, I sent a letter on behalf of OH enclosing an I&E statement, advising them at the same time that should they continue to state the amount offered was unacceptable and not freeze interest then.. PLEASE !! take me to court.

 

Today OH has received 2 letters from Cap 1 this morning. Both dated 1st of May and written/signed by the same person.

 

One states. Thank you for your letter advising us of your financial situation. I understand this must be a difficult time for you. Please call our specialist account managers straight away as we need to discuss your account with you.

 

The other says:.

 

Thank you for your recent letter.

 

Unfortunately we cant help you with your account as we already issued you with a default notice under the Consumer Credit Act 1974. If you have not paid the full outstanding amount on the default notice by the requried date your account may be passed to a debt recovery agent.

 

***************************************

 

I posted the Notice to default above a while back and steven 4064 suggested that it might be more of a 'Notice of intention to Default' rather than a proper Default Notice because it doesnt have the correct amount shown. The sum they are asking for almost certainly contains late payment fees.

 

Please... what should I be doing next?

[steven4064]

Having looked at it again, I think you should treat it as a default notice even though the amount is wrong.

 

Can we go back to the document in post #25 - at the bottom it says "the following paragraph forms part of te terms and conditions overleaf"

 

The paragraph is not legible here but is the copy you have legible?

 

It seems to have something about the APR on it. Does it also have something about your credit limit (even if it's something like 'we will tell you what it is')? Does it have something about minimum payments?

 

If it has all these 3, it could be enforceable if it is easily legible