Cap one credit agreement

[Willman]

Hi guys

 

This is a shot in the dark really but does anyone have a copy of a CAPITAL ONE Credit Card agreement from 1999?

 

A good friend of mine is being put through the mill by Lowells and they have now supplied a recon agreement in response to his s78 request.

 

They have supplied a copy of the front of the actual signed "Application Form" (which contains no prescribed terms of course) and are obviously suggesting that the recon T&Cs were on the reverse.

 

It would be really nice to know exactly what was on the reverse of the agreement as opposed to what they say was on it.

 

Any help would really be appreciated chaps. Thanks

[BRIGADIER2JCS]

Hi, What does the recon consist of, it must have the following data.

1. The customers name and address at the inception of the account.

2. ditto for the creditor.

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

4. As above at closure

5. Any amendments to the account during the life of the agreement.

 

The financial date must as the original.

 

It does not need to have signatures.

 

This may satisfy the CCA request but pre April 2007 account need the original for enforcement.

 

So if the FULL Ts & Cs are not present reject it as non compliant which it most certainly is.

[Willman]

Thanks for the quick reply. But that's the point the recon T&C's are perfectly compliant in all respects - it is their suggestion that they were included in the original executed document that I would love to be able to disprove.

 

The original "application" was a single sheet and yet they have now supplied FOUR pages of T&Cs - so which of them were actually present on the original application? - that's the critical issue!

[BRIGADIER2JCS]

The Ts & Cs should be basically the Originals, the Current i.e those at closure and all amendments AND any other documents mentioned in the Ts & Cs.

[Willman]

Yes - so that's why I want to know what was actually included on the reverse of the signed agreement - as opposed to what they are claiming was on it

[BRIGADIER2JCS]

Yes - so that's why I want to know what was actually included on the reverse of the signed agreement - as opposed to what they are claiming was on it

Reject the application form as incomplete and see what happens.

[Desperate Daniella]

As far as I am aware in nearly five years on CAG I have never known Capital One to supply a copy of the original credit agreement. This is because they either don't have it, or alternatively that they know the agreement doesn't contain the Prescribed Terms and therefore they know they wouldn't be able to enforce it if they revealed this.

 

Follow Brigadier's advice and we can take it from there.

 

When was the account opened and when was the last payment made? Are there any charges that can be reclaimed?