Capital one - reply to cca

[cooldad]

Hi there

 

I wrote to Capital One for a CCA and they replied by sending me a reconstituted copy of the original agreement.

 

They also said that as they have complied with their obligations under S78,

they will not be entering into further correspondence regarding the provision of copy agreements

and my agreement is enforceable and they will continue to treat it as such.

 

Are they correct?

 

I thought if they can't provide me with a copy of my signed agreement that it is unenforceable?

[BRIGADIER2JCS]

Hi there

 

I wrote to Capital One for a CCA and they replied by sending me a reconstituted copy of the original agreement. They also said that as they have complied with their obligations under S78, they will not be entering into further correspondence regarding the provision of copy agreements and my agreement is enforceable and they will continue to treat it as such.

 

Are they correct? I thought if they can't provide me with a copy of my signed agreement that it is unenforceable?

 

A ''reconstituted' agreement must have:

1. The debtors name and address at the inception of the agreement.

2. As above for the creditor.

3. The Ts & Cs at the inception of the account and at closure

4. Amendments to the Ts & Cs.

 

All the financial data should be as the original.

[citizenB]

And a statement of account

[BRIGADIER2JCS]

And a statement of account

Indeed so, I also forgot any documents referred to in the agreement., no specifically a requirement per se for the recon but to satisfy the section 77/78 request.

[citizenB]

[cooldad]

Statement of Account:

 

"Your account is in default and the amount currently due and payable is £..........You must continue to make payments on your account.

 

Under S78 we are not required to provide a copy of the default notice and a statement of default. However, we can confirm a statement of default was issued on 8 November 2008."

 

Can they still take out a CCJ?

[cooldad]

Indeed so, I also forgot any documents referred to in the agreement., no specifically a requirement per se for the recon but to satisfy the section 77/78 request.

 

What sort of documents?

[citizenB]

What sort of documents?

 

 

Other terms and conditions - Payment Protection Insurance.. if they make reference to any other document then it should be supplied as part of the s78 request.

[BRIGADIER2JCS]

Statement of Account:

 

"Your account is in default and the amount currently due and payable is £..........You must continue to make payments on your account.

 

Under S78 we are not required to provide a copy of the default notice and a statement of default. However, we can confirm a statement of default was issued on 8 November 2008."

 

Can they still take out a CCJ?

Yes they can make a CC claim.

[cooldad]

I've been paying them regularly every month for the last 10 years, they already posted a default in 2008. Why would they want to take out a CCJ at this stage?

[BRIGADIER2JCS]

I've been paying them regularly every month for the last 10 years, they already posted a default in 2008. Why would they want to take out a CCJ at this stage?

I doubt that they would issue a claim, the question asked was ''could they issue''.

[cooldad]

I doubt that they would issue a claim, the question asked was ''could they issue''.

 

Does it automatically come off the CRA's register in 2014? I was told by Step Change (formerly CCCA) that as long as I am paying repayments it will still be shown on my credit record until I make the last payment and then it comes off 6 years after that. Is that true?

[BRIGADIER2JCS]

All defaulted accounts are removed from CRA files after 6 years Paid or Not.

 

Step Change are giving out the wrong information.

[SWLABR9]

When counts as the start date, when begins the six-year countdown if you will, if one continues to pay every now and then? I thought it reset every time you make a payment, do I have that wrong?

[BRIGADIER2JCS]

Statute Barred = the date when a payment was due and not made after which no other payment was ever made, this is totally different from the ''default date'' which may up to 6 months after the date of the last payment.

ALL defaulted accounts are removed paid or not on the 6th anniversary of the default.

ANY payment restarts the SB clock, but does not affect removal of the default entry.

[SWLABR9]

Gotcha, ta.

[cooldad]

Statute Barred = the date when a payment was due and not made after which no other payment was ever made, this is totally different from the ''default date'' which may up to 6 months after the date of the last payment.

ALL defaulted accounts are removed paid or not on the 6th anniversary of the default.

ANY payment restarts the SB clock, but does not affect removal of the default entry.

 

Let me see if I understand this. All defaulted accounts are removed after 6 years, paid or not. If the account was never defaulted, it would stay on the CRA's record as long as payments and/or acknowledgements, however irregular has been made. If no payment has been made for 6 years or acknowledged, it becomes Statue Barred. Am I correct? If so, where does the 6 months after the date of the last payment come in?

[maroondevo52]

where does the 6 months after the date of the last payment come in?

 

normally when the default date is placed on your Credit File.

[BRIGADIER2JCS]

Exactly, the ICO Tech. Guidance states that a default should be placed within 6 months of the cause of action.