Iv recieved CCA off capital One, not sure if its what they meant to send or not. Help

minimee_2

I applied for this card online, in april 2006.
They have sent me the CCA I requested. On the letter, it says that they are unable to provide me with a specific schedule of payments detaling the amount due each month in order to pay the current outstanding balance in full as my account has variable interest rates which may change from time to time.

Also, the next piece of paper says on it Terms of your Capital One credit Card Agreement.
Please see overleaf for the current terms of your agreement with us.
Is it just the terms and conditions? Is this a cca?

Then on the back, it says
CREDIT CARD AGREMENT REGULATED BY THE CONSUMER CREDIT ACT 1974.
Then theres loads of info about Credit Limit (it doesnt actually state what that limit is, just that it will be determined by them)
Interest rates
APR
Default sums
Theres also a part aboutsigning if you want PPI. Theres no signature here, but they charged me for PPI anyway!! Iv claimed that back.
It also says something about only signing the agreement i you're over 18, given all correct info, and have read the T&C's.

But theres actually nowhere on this piece of paper for anybody to sign anything, apart from the PPI thing, and there is none of my writing/signature anywhere either.
Is this enforcable?
Thanks for reading so far.

Jesthar

You say you applied online? Did you actually physically sign anything at the time? If you did, then I think it's 'no signature, no CCA'.

However, I don't know how the online approvals procedure is covered off, as obviously there is no physical signature involved (certainly wasn't when I got my cashback card the other month, either that or my memory is shot!) - anyone else know how this works?

~Jes

minimee_2

Jesthar wrote: »

You say you applied online? Did you actually physically sign anything at the time? If you did, then I think it's 'no signature, no CCA'.

However, I don't know how the online approvals procedure is covered off, as obviously there is no physical signature involved (certainly wasn't when I got my cashback card the other month, either that or my memory is shot!) - anyone else know how this works?

~Jes

No, didnt sign anything at the time. It was in 2006. I think the rules have changed for online things in 2007, so Im not sure where I stand.

minimee_2

bumpety bump

fermi

The rules changed in 2004/5 to make agreements made and agreed online/electronically valid.

Electronic Communications Act & the Consumer Credit Act 1974 (Electronic Communications) Order 2004 I think.

minimee_2

fermi wrote: »

The rules changed in 2004/5 to make agreements made and agreed online/electronically valid.

Electronic Communications Act & the Consumer Credit Act 1974 (Electronic Communications) Order 2004 I think.

Does that mean that its enforcable?
What they sent my has NOTHING on it re me. No name, no address, no credit limit. It really could be anyones.

minimee_2

bump

McKneff

What is the balance on it
Do you remember the debt