Capital One failed to comply with CCA request (I think)

[120805]

I sent off a letter to TS with all my letters yesterday and today I got a call from them. The man I spoke to was very nice (but I was a bit embarrased as I had already spoken to him a few months ago about another debt). Anyway he agreed with my letter and stated that if Cap1 had not supplied an agreement then they should not be chasing me for payment but that they can still update my credit report (I didnt think that was right). He is going to phone Cap1 and ask them for my agreement and find out whats happening. He asked me why I had asked for a copy of my agreement and I told him that its because I wanted clarification that the debt owed was truly mine. He then asked have you ever had a Cap1 card and I said yes and that if they could come up with an agreement and proove the balance that was owed wasnt made up (provide statement of account) then I would have no problems in paying.

 

 

Did I say anything wrong?

 

Has anyone else got this far with Cap1?

 

Any tips for the next time that TS phone?

[surprise]

I have not paid anything to Cap One since January and they are not chasing me for payment. Although I do keep getting silly letters telling me it was an agreement they sent me. I have just sent them another letter saying we will have to agree to disagree on agreement or application but I will let the FOS decide. Had a letter today from the FOS saying my complaint has now been allocated.

 

TS are wrong if there is no signed agreement Cap One do not have your permission to process data.

[scarlett79]

Hi 120805, Im in a similiar start position to you im about to send off for my CCA and am hoping they dont have one as its a debt I can no longer afford plus i have been defaulted to. How far along are you now because ive done a lot of reading on here and it said they had the 12 days, then 30 days after that, if the CCA is still no produced you win, even if they do go to court and produce it if its after the timescale above you still win because they have defaulted. Also you can claim all the monies you have paid to them as with no CCA there is no legal aggreement why you should have paid them or why they have took your money. Ive read on here about ppl doing just that. Anyway good luck but with all their stalling it would seem there is no CCA.

[120805]

Hi Scarlett79,

 

Not much happening just now. Today I had to give permission to an executive at Cap1 for my TS officer to speak on my bahalf. Not heard anything back from TS officer yet though.

 

Does anyone know what TS will actually do to help me?

 

And does anyone know of a thread that I can look at where someone has actually won against Cap1 for not having an agreement?

 

Good luck Scarlett, you seem to know all your facts and I hope you can get shot of this debt also.

 

120805

[120805]

Oh dear!! Looks like am in a real big mess now!!

 

Cap1 have produced an agreement!

 

Am not very happy at them though coz whilst the account was in dispute they continued to add charges amounting to over £200 and applied a default!!

 

Can anyone help me please? :?

[the main man]

Hi 120805,

 

What is it on the agreement they have sent you? Is there any way you can scan and post it so someone can have a look?

[PriorityOne]

As advised, you need to describe/scan it up.... it may not be the real deal.

[120805]

Hi,

 

Am rubbish at scanning docs and getting them up on site. I will ask my husband to have a try for me over the wkend.

 

In the top left hand corner of the page it has my name and address, underneath it states Credit Agreement Regulated By The Consumer Credit Act 1974. It then goes on to mention things like "please issue me with a credit card and pin", "we may also add to your record with credit ref agencies of how you conduct your cap 1 account". It talks about agreeing to have read the T&C's and tells me how they will use credit scoring in deciding whether to open an account for me.

 

At the bottom I have signed and dated it and an authorised signature of Cap 1 is also at the bottom.

 

I hope what Ive written makes some kind of sense. Ill try and type up the full thing so use can read it but ive got a baby upstairs who is starting to wake so will need to attend to him first.

 

Kind regards

 

120805

[surprise]

It sounds like what most of us have received. If you read Wednesday's thread, have a look at that agreement to see if its the same one. if so, then follow Wednesday's actions.

[PriorityOne]

In the top left hand corner of the page it has my name and address, underneath it states Credit Agreement Regulated By The Consumer Credit Act 1974. It then goes on to mention things like "please issue me with a credit card and pin", "we may also add to your record with credit ref agencies of how you conduct your cap 1 account". It talks about agreeing to have read the T&C's and tells me how they will use credit scoring in deciding whether to open an account for me.

At the bottom I have signed and dated it and an authorised signature of Cap 1 is also at the bottom.

 

I hope what Ive written makes some kind of sense. Ill try and type up the full thing so use can read it but ive got a baby upstairs who is starting to wake so will need to attend to him first.

 

Kind regards

 

120805

 

A few clues there... sounds like an Application to me.

[120805]

Ive got it scanned onto the computer but I cant get it onto thread. Could I please email it to someone for them to put up?

[ICY]

if you want to send it to me i will have a go for you icy@forfourowner.com

[120805]

Thankyou Icy, I have now emailed it to you.

 

Kind regards

 

120805

[ICY]

can you try again, i havent received it

[120805]

That should be it sent now. Sorry it didnt send the first time but I had kept missing a word in your address when sending it :o

[ICY]

ok got it now, give me 5 minutes, i know someone else with your surname that side of the border too, goes by the name of kirsty...

[120805]

Thats my married name in its a very big family so i will ask my other half if we have a realtive of that name.

 

Again thankyou for offering to help me

[ICY]

Sorry it has taken so long, i had to go out.

 

First time i had heard of that name, she lives in falkirk and drives a smart (or did)

 

[the main man]

Hi,

 

If thats all they sent you they haven't a hope in hell !! Very similar to mine and others I have seen posted:D

[120805]

They also included T&C's and template letters of my default notice. Should I get back to Trading Standards and fax them what Cap1 sent?

[120805]

I sent off SAR (Subject Access Request) about 2 weeks ago now. Still not received anything but they still have plenty of time left to produce statements. Am getting really excited waiting for the mail again as am hoping that there will be enough charges to reclaim to pay off debt. The balance is at about £500 and my limit is for only £200 so I know that there is £300 worth of charges straight away as I cant use or withdraw money from the credit card if I hit my limit so the rest is clearly made up of charges.

 

TS phoned when I was out and asked me to get in touch so I will phone next week and fax the agreement to them and ask TS to get the default removed as this was applied when the account was in dispute.

 

Am away to start reading some Cap1 threads on reclaiming charges now.

[120805]

Got statements today!

 

Heres the totals that I would like to reclaim:

 

Late Payment Charge = £172

Overlimit Charge = £220

PPI = £53.12

Interest = £116.41 ( Ive only included interest from the period that they started to apply charges)

 

Can I claim back all of the above?

 

Would it be fair of me to charge interest at their interest rate? Or should I just stick to the 8%?

 

Kind regards

 

120805

[120805]

Just spoke to the court today with regards to a bank charges claim and the receptionist told me that all bank charge claims have been suspended by a judge until Feb 2008!! So no more payouts until then!!

 

Was wondering if this will also affect reclaiming charges with other organisations such as credit cards and catalogues?

[120805]

Just spoke to my TS advisor about Cap1 agreement. Am emailing a copy of it to him just now. But he says that credit card agreement are not the same as standard agreements and dont need to have the usual headings. He also said that it doesnt even need to be signed!

 

Am starting to think that the agreement that Cap1 have supplied me with may be enforcable. That wouldnt be very good especially if I cant even reclaim the charges until Feb 2008 coz of this Judge suspending all claims till then!

 

I could really do with clearing my debts by reclaiming charges as we have just found out that I am expecting again (Not planned, just had a baby on Dec 26th 2006). As we have 2 children already we will now to to get a bigger car and a bigger house! Who ever said that kids where cheap?!lol

[surprise]

If Cap One took you to Court they would need to provide a signed copy. They can send you an unsigned one but to enforce it it needs to be signed. None of Cap One's agreements I have seen so far are enforceable, most of them are application forms and do not contain all the prescribe terms and conditions. I am sure if Cap One thought they could get away with it they would have gone to Court on many occasions.

 

Credit Cards, Catalogues are not affected by the OFT test case.

 

Congratulations by the way, obviously a glutton for punishment!