Cap 1 CCA received

[cashins]

Just got this '99 vintage CCA from Cap 1

 

Stuggled to get decent resolution on it but it is legible on the hard copy.

 

Seems to be a compilation of bit of an application form + the part referred to as on the reverse (of what!!!) has the stat terms. Came along with a toatally unrelated set of T & C's.

 

I think it's junk, any comments please?

 

David

 

[ScabHunter]

It looks like just one of many I've seen on here - totally unenforceable with no prescribed terms - although I can't be definite as part of it is illegible, at least on this scan.

 

No doubt they will try to CONvince you that the terms in the separate T&Cs are vaild because they are referred to in the signature document. That is rubbish of course, but they have managed to convince some people of this. Including some judges, it has to be said, although one suspects that these judges were just looking for any excuse to find in the claimant's favour, and that if that excuse hadn't been there, they would have just found another one.

 

But no, this short application form is typical of the time for Crap One. None of the others have had the prescribed terms on them, so there is no reason to suspect that this one will have either.

 

SH

[cashins]

CONvince

 

Like that!

 

As this is clearly a composite document, If push came to shove, I would demand strict proof ie, the original being brought to court.

 

To add to the fun, they issued the classic 28 day DN notice.

 

David

[sunflower99]

Looks very similar to my one David!Though they have got an extra sentence about terms being overleaf, So they did not send an extra page which they are trying to imply is overleaf?

Edited October 10, 2009 by sunflower99

[sunflower99]

Hi David

Its very difficult to read you would need a pair of binoculars to read that! Does it refer to the famous term 23 which they alledge is overleaf but it not overleaf! like it did in mine

[sunflower99]

i will eat my hat if that is enforceable!It is likely that a document that old would be destoyed anyway and this just a micrfilch copy of part of your application form

Edited October 10, 2009 by sunflower99

[cashins]

Its very difficult to read you would need a pair of binoculars to read that! Does it refer to the famous term 23 which they alledge is overleaf but it not overleaf! like it did in mine

 

The copy is just legible (but loses more definition in scanning).

 

This is supposedly section 10 which they say was 'once upon a time' overleaf of a document 'far, far away' from any connection with this signature box.

 

They can forget it:D

 

David

[Guest mickjo]

hi David i got the same copy from Lowells acting for cap one on mine its got application form on the top left hand corner, i posted mine on here today but ive had no replies yet

[cerberusalert]

Send them this;

 

 

Dear Sirs,

 

Account no xxxxxxxxxxxxxx

 

 

Re: my request under the Consumer Credit Act 1974

 

This account is in Dispute .

 

On xx/xx/2009 I wrote to xxxxxxxxx requesting that xxxxxxx supply me a true copy of the executed credit agreement for this account.

In response to this request I was supplied a mere application form which did not comply with the requirements of the Consumer Credit Act 1974.

 

The document sent purporting to be a credit agreement does not contain any of the prescribed terms as required by section 60(1) Consumer Credit Act 1974. The Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) made under the authority of the “1974 Act” sets out what the prescribed terms are, I refer you to Schedule 6 Column 2 of SI 1983/1553 for the definition of what is required. Suffice to say none of the terms are present in the document

 

Since this document does not contain the required prescribed terms it is rendered unenforceable by s127 (3) consumer Credit Act 1974, which states

 

127(3) The court shall not make an enforcement order under section 65(1) if section 61(1)(a)(signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).

 

This situation is backed by case law from the Lords of Appeal in Ordinary (House of Lords) the highest court in the land. Your attention is drawn to the authority of the House of Lords in Wilson-v- FCT [2003] All ER (D) 187 (Jul) which confirms that where a document does not contain the required terms under the Consumer Credit Act 1974 the agreement cannot be enforced.

 

In addition should you continue to pursue me for this debt you will be in breach of the OFT guidelines, I draw your attention to the Office of Fair Trading’s guidance on debt collection

The OFT guidance which was issued July 2003 (updated December 2006) relating to debt collections and what the OFT considers unfair, I refer to page 5 of the guidance which states;

 

2.6 Examples of unfair practices are as follows:

 

h. Ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment.

 

I require you to produce a compliant copy of my credit agreement to confirm I am liable to you or any organisation, which you represent for this alleged debt, if you cannot do so I require written clarification that this is the case. Should you ignore this request I will report you to the Office of Fair Trading to consider your suitability to hold a credit licence in addition to a complaint to Trading Standards, as you will be in breach of the Administration of Justice Act 1970 section 40

 

Since the agreement is unenforceable and the default notice is non compliant, it would be in everyone’s interest to consider the matter closed and for your client to write the debt off. I suggest you give serious consideration to this as any attempt of litigation will be vigorously defended and I will counter claim for all quantifiable damages

 

I respectfully request a response to this letter in 14 days

 

 

I trust this out lines the situation

Print name do not sign

[cashins]

Mickjo - sent you a pm re your thread.

 

david

[cashins]

Thanks Cerberusalert

 

David

[sunflower99]

Hi David Like you said about mine! The word Bluepeter job springs to mind:D

[sunflower99]

Hi David! If Lowells got any sense they will drop this one soon:D