Capital One

[tracy0512]

Hi - can anyone help, I wrote to Cap One and requested a CCA - never received it so sent the next letter and now have received the attached document. The signature they have is in my married name and when I got divorced the card was cleared. The debt they are chasing is in my maiden name, and they have no signature. There are two sets of agreement, as I said, one signed and one not. Any help or advice would be greatly appreciated. Desperate to get this sorted.

Cap1V3.pdf

[silverfox1961]

Hi,

I'm sure others will reply but here's my view.

 

The two sets of T's&C's are from different times (V9+V14) so I assume the V14 one was the updated terms

 

I would suggest the signature page is a stand alond page with nothing on the reverse and as such, a pile of poo

 

I am a little confused though. Are you saying you took this card out in your maiden name but the signature is in your married name?

[tracy0512]

I had a card when I was married, and that was cleared - so first account was in my married name and I thought I had closed it. After my divorce I contacted them, to see about getting a new credit card, and they told me they would send a new card, this was then changed to my maiden name. I did not sign for a new card. Hence why there are two sets of documents, one which has been signed and one which hasn't. Does this make sense to you?

[silverfox1961]

I think the only way to find out what is going on is to SAR Cap1

 

I suspect that they just issued you a new card because they didn't full close down the original so no signature would be required.

 

I would put the account into dispute as the signature page has none of the required terms within it.

There is this letter

http://www.consumeractiongroup.co.uk/forum/showthread.php?270666#post3061534

 

or you could use letter 9 here:

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors.html

 

Do you know whether any of this debt is made up of charges?

 

I'm sending you a pm

[tracy0512]

yes some of the costs are charges, although I do not know how much. If it were you which letter would you actually send to be on the safe side. Thanks in advance for your help

[tracy0512]

Cap1 V4.pdf sorry guys - here is another version of the document minus any other personal details. Not good at this kind of thing

[silverfox1961]

It would definitely be worth sending a SAR then. Any charges you have paid can be reclaimed and you can include compounded interest on it as well. In some cases, this has more than wiped out the original debt.

Once you get a SAR back, it should include statements from the inception of the account(s) and when you do the calculations, you can work out which route to take. Either reclaim the charges or go for unenforceability.

I like the first letter

[tracy0512]

Thanks, the SAR that you kindly provided the link for asks for a response by a certain date, how long do I need to give them, and do I need to buy a postal order

[silverfox1961]

If you send letter 2 in the second link I posted above, that is the better SAR to send.

Enclose a £10 postal order.

You will need to sign the SAR but I would make it slightly different to your normal one,just in case

 

They have 40 days(from receipt) to respond. Send it by recorded delivery