MKandy vs Capital One "WON"

[ukaviator]

I have tracked back through the threads, and so far the Application form nonsense goes back to at least 2000. You could have 2 options open if this is the case.

[mkandy]

My plan is to be either bank on them:

• Not replying within the 12 days
  
• Not sending the correct form anyway

I'm just about ready to submit my claim (using the N1) at my local court. For me the Default Removal is more important than the money. Judging by previous threads, they don't like removing defaults for whatever reason, i think that them hitting either of the two points above will provide the leverage i need to say words to the effect of 'You did not comply with my CCA request, you have commited an offence, please remove this Default before i take further action'.

 

Assuming they do comply with my CCA in the allotted time, the default they placed on my account is of an amount less than the charges i'm claiming back.

[mkandy]

This is the letter i sent for CCA:

 

Capital One Bank (Europe) PLC

350 Euston Road

London

NW13JJ

 

23rd October 2007

Consumer Credit Act 1974

Credit Agreement Request

Dear Sir/Madam

 

 

Re: Account Number **** **** **** ****

With reference to the above agreement, I would be grateful if you would send me a copy of this credit agreement.

 

I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a copy of my credit agreement on request. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

 

I understand a copy of our credit agreement should be supplied within 12 working days.

 

I also understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

 

I look forward to hearing from you.

 

Yours faithfully,

 

 

MKAndy

[ukaviator]

Hi Andy

 

I would have left out the last paragraph. Too late now as you have posted it. Let's see what happens. .

[mkandy]

I wasn't entirely sure about it either...they probably wont reply anyway!

[mkandy]

Going to file my N1, which is printed up and sat there begging to be handed in. Going to file at the end of the week just to give them a bit of time to provide me with the CCA.

[ukaviator]

Make sure you use the new POC found above your thread in the forum.

[mkandy]

Yup that's the one i printed off. Cheers

[mkandy]

N1 Filed today!

 

For some rubbish reason i was nervous about going to court to submit the claim, probably the stigma associated with the place.

 

Anyway, now the wait!

[ukaviator]

I know what you mean Andy. Well done, now the wait of a few weeks. .

[mkandy]

First time near a court, so it's a different experience i guess. Kinda reminded me of a library for some reason, maybe all the paperwork behind the court manager!

[mkandy]

Served!

 

Now the wait...till the 19th.

[mkandy]

CCA Provision time expired! Someone's criminally in default now i believe

[mkandy]

Defendant has filed an Acknowledgement of Service....28 days from the 9th of November. Is it a good idea for me to compile a basic court bundle at this point?

[mkandy]

Update!

 

I recieved a response to my CCA Request, the devious gits have supplied a covering letter, dated the 3rd of November (day 11 of the CCA request) however, the post date on the envelope says 9th of November. So they can try and make out they complied in time, when in actual fact they havent!

 

They have also supplied a copy of the original application, signed by myself and a Capital One representative, with a date, with a small bit of text above stating 'Credit Card Account Agreement'.

 

Is this enforceable?

 

 

P.s

 

This is a copy of what someone else recieved, mine is essentially exactly the same:

 

[WendyB]

Hi mk. Don't think you'll need a court bundle mate, they'll pay up before then hopefully. But it wouldn't hurt to familiarise yourself with what goes in the bundle, just in case.

[mkandy]

Coolio, is there one specific to Capital One.

 

Also, is there a letter someone has already used to reply back to the CCA from Capital One?

[twisty1]

hello all hope you dont mind if i ask a question:o

I wrote asking about a ppi reclaim and I got that short application form back and a letter saying that as I signed it I was not entitled to a refund.

Do I need to write again asking for the actual CCA or is the application form enough to refuse my claim?

thanks a lot

[ukaviator]

It looks like that application form is the agreement, which is unenforcable debt. Can you start your own thread and post there? . .

 

Are you just going for PPI or charges as well?

[twisty1]

thanks for the reply

I will try and start a new thread then

BTW I am claiming PPI and charges

[mkandy]

It looks like that application form is the agreement, which is unenforcable debt. Can you start your own thread and post there? . .

 

Are you just going for PPI or charges as well?

 

Does this mean they have complied with my CCA request though, after looking through threads around the applicaion form vs Executed agreement requirements, i'm quite confused. While they have supplied me with the Application form, i'm not sure whether this actually complies with the CCA request.

[ukaviator]

I don't think it does. I will ask the lads. From the ones i have seen they are not enforcable.

[mkandy]

It does have the small agreements towards the bottom of the form, i guess it's only unenforceable in court..

[mkandy]

OFFER RECEIVED!

 

Well, Crap One have given me exactly what i've asked for in Monetary Terms, but have also told me the default is staying even though the amount of the claim is slightly more than that of the amount they defaulted me for. They haven't yet included the cheque, but regardless i'm not accepting this offer. If they are conceding to the fact that their charges are unlawful, then they will have to go all the way, and agree to remove the default as it's solely comprised of charges.

[ukaviator]

Worth a call or an email to tell them that the default is part of the settlement. You have to be firm with them on this.