CCA request responded to - Next Step Pls

Norfolk_Jim

Have now had a letter back from debitas and contains a letter headed "terms of your capital One credit card Agreement" No signature, looks nothing like a CCA that I've seen on here. Also a copy of the kind of white leaflet that comes with your new credit card, Its not a CCA, its a T&C leaflet. Absolutely nothing with any signatures on.

With this came a letter saying;

"Please find enclosed a copy of your credit agreement as requested. In accordance with section 78 of the consumer credit act 1974 and the consumer credit (Cancellation Notices and Copy Documents) Regulations 1983, this is your original agreement, and if any terms have been varied then the copy agreement will include the updated terms. In addition, your personal details, the signature box, signature and date of signature have been omitted from the copy provided as permitted under Regulation 3 of the Consumer Credit (Cancellation Notices and Copy Documents) Regulations 1983

Your account is in default and the balance currently due and payable is £1,060.34

You requested a copy of the default notice we issued on your account. Under section 78 we are not required to provide a copy of the default notice and statement of default. However, we can confirm that a statement of default was issued on 18 November 2008...."

They are currently 3 Working days away from 12 Days + 2 to provide a true copy of CCA

I'm pretty sure this nowhere near approaches a true copy, but I need advice as I dont recognise all the regulations they are quoting. What this about not having to show the signatures etc, isnt that about recent applications online? Not paper applications years ago.

They have been calling my friend all week. Because she got this letter today she spoke to them and said shed pay them £15 on Tuesday !!!!!
Where does she stand now?

The sad thing is, Capital 1 would have been paid - eventually - had they not started this path of endless harrassment from India and constant demands for money. Even if they had a valid CCA, my friend has only income support for income now and no possessions worthy of a bailiff, a fridge and a TV, thats all. In any case, I think any court would look at the present circumstances and set the payments lower than had been offered voluntarily.

What is the next step please? I had hoped Fermi or RAS would have seen this and given some advice as they are super helpful.

chevalier

not that i am an expert so this is really a bump, but i am pretty certain they are talking rubbish.

if the credit agreement was taken out donkeys years ago, then they need to give you a true signed copy of the agreement. As you say. So this just seems to be a chancer letter, ie chancing that the quotes of rules and regulations will flummox you into paying because they have 'apparently' complied with the requirements, when in truth they haven't

good luck
chev

Norfolk_Jim

So many posts on these boards now that they slip off the end of the world overnight! Yikes! Still hoping for some advice on this please

stapeley

What they have sent does not comply with the request under the terms of the CC ACT . When the 12 +2 are up send the next letter . Sit to the time scale and sent the default letter after the 12+2+30. A extra piece could be put in explaining her financial situation .

nellis10

i'm certainly no expert at all, but i did see a series of posts the other day by 10past6 regarding CCA and their legitimacy. I think it was in the thread "72k in debt..." let me see if I can find it...

He had posted a letter template in the thread about how to respond etc...I hope that will help your friend too...

Here's the thread... http://forums.moneysavingexpert.com/showthread.html?t=999463

Now check from post #145 onwards where 10past6 comes in....he totally explains everything to the OP in the thread including what to do next and why the letter is a pile of pants....

I really hope this helps you! :kisses3:

one-day

i got the same letter from captial one yesterday so thanks now i know what to do

Norfolk_Jim

I also recieved a template letter to send from a forum member on the consumer action group pages (Am I allowed to post a link?) for when C1 try this route as their response.

What I'm feeling fairly sure about now is that C1 do not have a signed anything, else surely they would have sent it.

Just to broaden things slightly - as she lives on income support, is so debilitated from chronic pain that finding employment is unlikely, and has no money, lives in a housing association house and has very few saleable possessions (a fridge, a TV, a few personal effects) does she really have anything to fear from court or BR?
Capital one have been told all this by me, by her and by CCCS, but still they persue. Their sensible route would have been to freeze interest & charges and accept the offer of a monthly sum till cleared. So, it might have taken 10-15 years but now they might easily get nothing and my friend feels guilty about the money.

Norfolk_Jim

I've scanned the documents but have no idea how to display them on here. Can anyone help please?

RAS

This thread http://forums.moneysavingexpert.com/showthread.html?t=1382261&highlight=ambershadow provides you with the list of prescribed terms and a previous Cap1 fake CCA.

Norfolk_Jim

If I knew how to display it here I would.

Its just a letter with T&C printed on the back

No signature or date but lots of other stuff and they say they dont need to provide the signature and this is ok

RAS

Jim

Does the "CCA" list

B Repayments

A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following:-

(a) Number of repayments;
(b) Amount of repayments;
(c) Frequency and timing of repayments;
(d) Dates of repayments;
(e) The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable.

C Rate of interest

A term stating the rate of interest to be applied to the credit issued under the agreement

D Credit limit

This may be a term or the manner in which it will be determined or that there is no credit limit.