enforeceable capital one cca?

[sussex1]

You are getting nowhere arguing with them, as are all the other posters on here,including me, have you thought of ignoring them, if they feel they have a strong enough case they will issue a claim, then you can defend against it properly, without all this constant nonsense.

 

 

I suppose, to a certain extent I'm rising to the bait by replying but I want to ensure i have done all i could/should have in the event they do issue.

 

I really can't afford job wise to have a ccj against me and if i could prove my case to them or even buy it off cheaply i would be more than satisified.

 

I'll see what rob Way do at the expirey of their 10 day window

 

thanks again for your continued support

[sussex1]

Rob Way threatened litigation when i didn't repspond and so I decided to see exactly what they have got and sent them this:

 

You have however suggested you may instigate proceedings and as such, I respectfully request that you provide me by return a copy of the credit agreement which bears my signature. I require this as I have reason to believe that there may be discrepancies within the agreement which may leave it improperly executed.

 

I must stress this request is NOT made pursuant to section 78 Consumer Credit Act 1974 but is made pursuant to the Civil Procedure Rules (Pre action protocols and Part 31.16) and therefore unsigned copy will not suffice, only a copy of the original contract in its unaltered form will suffice in these circumstances

 

Please confirm if you still hold a copy of this signed agreement and that you will provide me with this document.

 

I do not view this as an unreasonable request given that by supplying the document which I have asked for it will allow me to assess if my case has merit and will help to resolve matters possibly without the need to involve the court and will undoubtedly save costs on both sides

 

http://i297.photobucket.com/albums/mm223/sussex1/robway2901-1.jpg

 

Fistly, not sure how they can say I do not dispute the account as it was them buying the debt which made me do so.

 

They have not supplied what has been requested and from the comments in thei seond paragraph, I'm assuming they don't have it which should if my undersanding is correct be good news or me.

 

Whats the best thing to do now? I feel happier now to sit back and see what they do as surely if they had the original doc they would hav provided it. However part of me thinks i should repeat the question Please confrim if you have this docment

 

Any views?

Thanks

Sussex

Edited January 30, 2009 by sussex1

[sussex1]

bump

 

any views or advice on how best to proceed

 

thanks

[creditcardmug]

Wait for their next move

[patrickq1]

You have however suggested you may instigate proceedings and as such, I respectfully request that you provide me by return a copy of the credit agreement which bears my signature. I require this as I have reason to believe that there may be discrepancies within the agreement which may leave it improperly executed.

 

leave this part out of the letter you intend to send sus

just dont get on the round about with them,failure to provide the true executed agreement is in itself proof enough that no one has any agreement ,so ommit the verse above and send the rest which is enough to say where is my agreement end of...

patrickq1

sorry for late reply i have just got out of hospital after a second operation and i am again due back in in 8 weeks for the third operation then four months after that i go in for the final op...if i survive lo hopefully that is the end of all the ops..if not it only means amputation aftwards /

anyway good luck

[42man]

Hi Sussex, it has got to the stage where CAP1 think they are right....you can either let them bring on a legal action and stuff them in court OR if you are feeling brave take them to court !!!

 

I presume you have read this - http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html

[sussex1]

You have however suggested you may instigate proceedings and as such, I respectfully request that you provide me by return a copy of the credit agreement which bears my signature. I require this as I have reason to believe that there may be discrepancies within the agreement which may leave it improperly executed.

 

leave this part out of the letter you intend to send sus

just dont get on the round about with them,failure to provide the true executed agreement is in itself proof enough that no one has any agreement ,so ommit the verse above and send the rest which is enough to say where is my agreement end of...

patrickq1

sorry for late reply i have just got out of hospital after a second operation and i am again due back in in 8 weeks for the third operation then four months after that i go in for the final op...if i survive lo hopefully that is the end of all the ops..if not it only means amputation aftwards /

anyway good luck

 

Patrickq1

 

sorry to read about your health problems, things like that really put our financial issues into perspective. I hope all goes well

 

I had already sent the letter to Rob Way including that parargraph andthe respose was the link in my previous messae. I found it quite amusing the say I'm trying to hide behing a technicality when it seems they are avoiding to answer straight question about either the reconstruced thing they sent me origianlly and now as to whether they do or do not have the signed unlatered agreement.

 

take care

Sussex1

[sussex1]

Hi Sussex, it has got to the stage where CAP1 think they are right....you can either let them bring on a legal action and stuff them in court OR if you are feeling brave take them to court !!!

 

I presume you have read this - http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html

 

 

Hi

 

I have read this thread and sent the first letter to Rob Way who have purchased this from Cap One. Their reply to this is in my last post and they have simply said i am trying to rely on a technicality to avoid paying. They did not, interestingly comment on whether they have the doc or not. One would assume they don't haveit as it would be easier to supply it than not.

 

Would you reply to this letter or, as suggested by creditcadmug wit for their next move? I mut admit I am not confrident enough to issue myself.

 

thanks

[jonnyb1978]

Im no expert at this as im just starting with my CCA request with Cap 1.

But with a bit of research it seems you have gone through all avenues.

I would send them a letter stating all the things they have failed to do (Not send true copy of CCA therefore not complying with the Consumer Credit Act, not sending all in SAR request, not answering your questions, and even said they are to stop dealing with things on this matter, state everything.)

 

Tell them you have been more than reasonable in dealing with your request for a simple document that they are obliged to give you. Tell them its still in full dispute etc and you will welcome any court proceeding brought against you. They will still have to produce the CCA.

 

I would also put a claim against them to disclose the CCA under the CPR route. As when they take you to court you have made every attempt to get this agreement so when and if they do produce it, its them who has wasted your, theirs and the courts time and will be held responsible.

 

Like i said im no expert so may be wrong but i think you have made enough attempts now to satisfy any judge that you want the CCA.

[web2dude]

You don't need to do anything! Just wait for their next move:). I think this will be resolved shortly. Best of luck

[baileyboy]

Interesting thread Sussex1 and I'm following every move avidly. I'm a few weeks behind you with Cap1 but I am also getting a little frustrated with Ms Renshaws inability to give a straight answer.

 

My tactic now is to just give them a prod now and again, then sit back and see the response. I wish you luck, but I don't think you will see inside a court room anytime soon.

[sussex1]

Hi all

 

received a reply from Cap One yesterday inreply to my request for the info oustanding from my full SAR, namely the agreement in which they have now just said the account has been sold to Rob Way and they are dealing

 

http://i297.photobucket.com/albums/mm223/sussex1/capone060209-1.jpg

 

Is there anything specific I need to tell them re ther duties as the origianl creditor?

 

Rob Way have been quiet since their reponse to my request under the Cvil Procedures rules asking for the agreement in which they said it was their view i was trying to avoid paying hiding behind a technicality. presumably i wait their next move but am I being over confident that the agreement doesn't exist just on tha basis that if it did, they would hae sent it?

 

regards

Sussex1

Edited April 6, 2009 by sussex1

[sussex1]

as an update, i attach letters i have received from Rob Way in response to my request under the Civil Procedures not CCA.

 

http://i297.photobucket.com/albums/mm223/sussex1/robway2902-2.jpg

 

http://i297.photobucket.com/albums/mm223/sussex1/robway2003-1.jpg

 

http://i297.photobucket.com/albums/mm223/sussex1/robway2703-1.jpg

As you will see,they have failed to even refer to the request. Any thoughts on my next step?

 

Regards

 

sussex

Edited April 6, 2009 by sussex1

[The GodMother]

blatenyl trying to get out of the request refuse payment until they comply.

 

Well thats my thought and what i would do

[sussex1]

blatenyl trying to get out of the request refuse payment until they comply.

 

Well thats my thought and what i would do

 

Hi Godmother, yes i share your view. I think i'm just going to write along the lines of have you got it or not?

 

regards

[sussex1]

Have sent them this to see if i can get a sensible reply:

 

I refer to your letter dated 27th March 09 although must admit I am somewhat confused by its contents.

 

Neither of your letters dated 19th or 29th January 09 make any mention whatsoever to my the request I made on 26th January pursuant to the Civil Procedures Rules (Pre action protocols and Part 31.16) and as such the request remains outstanding.

 

Indeed, as your letter 19th January 09 was sent prior to the request being made and that and the one dated 29th January refers to the Consumer Credit Act I fail to see why you have referred to them at all.

 

For the avoidance of doubt, please can you confirm if you still hold a copy of the alleged signed agreement and if so that you will provide me with this.

 

Given the request is made pursuant to the Civil Procedures Rules an unsigned copy is not acceptable and only a copy of the original contract in its unaltered form will suffice in these circumstances.

 

If you do not still hold this document please confirm this in writing. Similarly if you do but are unwilling to provide the copy requested, I would ask for your written explanation as to this.

 

I would be obliged to hear from you by 21st April 09.

[sussex1]

all gone quiet, don't think its worth contacting them again at this stage and will leave things as they are wtih the ball firmly in their court

[beachcomber60]

Just dropped in to offer my support.

 

Have exactly the same type of 'agreement' from C1, along with a non compliant DN, mines just been passed to capquest & awaiting their responsebto my dispute letter.

 

Beachy

[web2dude]

all gone quiet, don't think its worth contacting them again at this stage and will leave things as they are wtih the ball firmly in their court

 

I would wait and see what they come back with. Essentially, they legally need to comply with your request. If they don't, you can question why they didn't in a court.

[sussex1]

I would wait and see what they come back with. Essentially, they legally need to comply with your request. If they don't, you can question why they didn't in a court.

 

 

my thoughts exactly

[sussex1]

heard from Rob Way today in answer to my letter in post #66 re CPR request.

 

They have told me they are waiting for the original creditor to provide the info..

 

Given Cap One couldn't provide ths in answer to my SAR request and several reminders it was missing, don't suppose they will be able to find it now particualarly as they have sold this debt to Rob Way. If they had it i'm pretty sure they wouldn't have sold it.

 

Would have thought Rob Way must know this document doesn't exist and as such paid very little for the debt of £9k. Bet they wish they took my f & f offer of £1k now.

[sussex1]

Rob Way have written to me today in reponse to my CPR request and say they have now obtained the agreement

 

http://i297.photobucket.com/albums/mm223/sussex1/capone.jpg

 

this is exactly the same as they originally sent and i posted in #1!

 

What do i do now? They are predictably now waiting my payment proposal. Any ideas as to how best to reply/

 

thanks

[patrickq1]

ha ha sussex you should know a cut and paste job by now.....

i would only reply that you wish to have this origional document made available for a forensic examination and if it is found an attempted fraudulent act has been perpitrated then this will be reported to the relevant authorities with regards to ti am sure you are aware of the fraud act which has several penalties associated with pecunary advantage deception ,deception and fraud is a very serious offence but now since you have maintained your copy is truthfully the origional you have complied with your obligations under CPR 31.16 then we will apreciate the origional document to be made available within the next 21 days,we shall have a document and signature handwriting expert who shall wish to make his observations,please call me urgently so this can be arranged

 

something like that may help you sussex i will find the thread of someone who is studying at university in the art of sinature and handwriting and document s

patrickq1

[babydoll0141917]

Hi

 

i have been waiting over a yr for my CCA from cap 1 ...they keep asking for my sig i keep telling them they dont need it ..i was on a payment plan with them for a yr..that finished in april..they asked for another income and expenditure i said no ,,said they was well in default with my CCa..they offered to let me pay 1.00 amth for a further 6mths ..no questions asked..Me thinks they are fobbing me off

[sussex1]

ha ha sussex you should know a cut and paste job by now.....

i would only reply that you wish to have this origional document made available for a forensic examination and if it is found an attempted fraudulent act has been perpitrated then this will be reported to the relevant authorities with regards to ti am sure you are aware of the fraud act which has several penalties associated with pecunary advantage deception ,deception and fraud is a very serious offence but now since you have maintained your copy is truthfully the origional you have complied with your obligations under CPR 31.16 then we will apreciate the origional document to be made available within the next 21 days,we shall have a document and signature handwriting expert who shall wish to make his observations,please call me urgently so this can be arranged

 

something like that may help you sussex i will find the thread of someone who is studying at university in the art of sinature and handwriting and document s

patrickq1

 

its unbelievable isn't it, this is the exact doc they provided well over a year ago and we have been arguing over its enforceability.

 

I make a CPR request and they stall for a couple of months before sending me, the same document. You really couldn't make it up!!

 

Do you think its worth asking them for sake of clarity for their confirmation that this is what they intend to rely upon?

 

thanks Patrickq