Cap One CCA Reply - Help required

[oneahead]

Had this response from Cap One. This was printed on the back of a cover letter and they enclosed the rest of terms and conditions in a separate leaflet.

They claim that this is a copy of my original agreement and that signature, personal details and date have been ommited as allowed.

 

This is their final response.

 

Can you someone kindly provide a link to the correct letter of response or my next move?

 

Not sure if you can read the attachment i'm sure someone can tell me how to enlarge via photobucket!!

[debt4get]

image not big enough to read even when enlarged, can you tell us is there a signature on it of yours, dated and signed, plus a signature dated and signed of bank employee if not it aint valid and tell em so

[oneahead]

No, no and no!!

 

Is there a standard letter template anywhere:)

[debt4get]

Dear Sirs,

Account number

]Re: my request under the Consumer Credit Act 1974

]Thank you for your recent letter sent to me, the contents of which are noted. I appreciate your quick response to my original letter. However, the reply received by me does not fulfill your requirements under the Consumer Credit Act 1974.

The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter.

]My request remains outstanding. An unsigned credit agreement with no personal details on it, like the one you sent in your reply, does not constitute a true copy of any credit agreement that may or may not have been signed by me on the opening of this account. A blank agreement neither confirms that I am liable for any alleged debt to you, nor gives me any chance to evaluate whether any original agreement was ‘properly executed’.[/font]

I still require you to send me a true copy of the original credit agreement that you allege exists. As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.[/font]

You had until ??/??/???? (12+2 working days after the request was made) to provide me with the true copy I requested. You are now in default of my request. Any account I hold with you is now in legal dispute. Whilst the account remains in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agency.[/font]

To register information with a credit reference agency, you must have written consent from the customer to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.[/font]

The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. Any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office [/font]

the time limits, which are laid down in the Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 are clear. You must supply an executed credit agreement within 12 + 2 working days of a proper CAA request. If you fail to comply with a legitimate request the account enters a default situation.[/font]

To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Whilst you remain in default of my request, you are not permitted to take any action against this account. This includes adding further charges and passing any information to the credit information industry.[/font]

]I expect you to write to me confirming that the account has been closed and no further action will be taken

I look forward to your reply

[Yours faithfully

 

dont know if there is a template you can try this one if you like[/font]

[oneahead]

Many many thanks, a letter will soon be on it's way to Cap One.

[oneahead]

Capitol One believe they have sent me an enforceable and valid cca and will continue to pursue the debt. They have issued a final response and will not send any more documentation. I have already sent this letter :-

 

Thank you for your recent letter sent to me, the contents of which are noted. I appreciate your quick response to my original letter. However, the reply received by me does not fulfill your requirements under the Consumer Credit Act 1974.

The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter.

My request remains outstanding. An unsigned credit agreement with no personal details on it, like the one you sent in your reply, does not constitute a true copy of any credit agreement that may or may not have been signed by me on the opening of this account. A blank agreement neither confirms that I am liable for any alleged debt to you, nor gives me any chance to evaluate whether any original agreement was ‘properly executed’.

I still require you to send me a true copy of the original credit agreement that you allege exists. As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.

You had until ??/??/???? (12+2 working days after the request was made) to provide me with the true copy I requested. You are now in default of my request. Any account I hold with you is now in legal dispute. Whilst the account remains in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agency.

To register information with a credit reference agency, you must have written consent from the customer to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.

The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. Any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office

the time limits, which are laid down in the Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 are clear. You must supply an executed credit agreement within 12 + 2 working days of a proper CAA request. If you fail to comply with a legitimate request the account enters a default situation.

To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Whilst you remain in default of my request, you are not permitted to take any action against this account. This includes adding further charges and passing any information to the credit information industry.

I expect you to write to me confirming that the account has been closed and no further action will be taken

I look forward to your reply

Yours faithfully

 

Should i sit back and do nothing and await their next move??

[cerberusalert]

Include in the letter that you require a copy of their complaints procedure and then make a complaint to your local Trading Standards & the OFT.

[oneahead]

Their response was in reply to the above letter. I already have a copy of their complaints procedure. On what grounds do i complain to OFT?

[clemma]

Their response was in reply to the above letter. I already have a copy of their complaints procedure. On what grounds do i complain to OFT?

 

Their non-compliance with the CCA request (tell them why it is non-compliant), the harassment for payment when account is in dispute and if they are calling you, tell them about that too. Infact, tell them EVERYTHING!!

[oneahead]

After receiving a non compliant cca from Capitol One i requested a copy under CPR. They have replied with the usual "we have supplied you with a copy" "we will continue to pursue" etc...

The also say "We note your reference to CPR 31.16. but have failed to provide any other documentation. They also state that they do not believe the account to be in dispute.

 

Should my next step be FOS?

[42man]

No, your next step should be this - http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/165349-smt37-morgan-stanley-goldfish-3.html#post2119750

[oneahead]

Many thanks 42man. I will follow his guidelines. A great thread.

[oneahead]

Can anyone tell me how to get a N244 Application notice?

[creditcardmug]

Download it from here, click on forms, then type in N244

 

Her Majesty's Courts Service - Home

[clemma]

You can download one from HERE

[oneahead]

Been quiet for a while but just received a Default Notice of Capitol One. This account is still in dispute and a complaint made with The Financial Ombudsman which is ongoing. Is there anything specific i should say in my reply to them?

[katedog]

hi

 

can i ask have you sent your court papers in yet?

 

Katedog.

[oneahead]

katedog - i have not gone down that route yet. Complaint currently with FOS. They just send letter after letter and ignore all correspondence.