Capital One cca problems

holley

Capital one have sent me a copy of terms and conditions and I have said in a followup letter that they have not provided me with an original agreement Cap one have said that they have omitted personal details as allowed under reg 3 of the consumer credit and that it is all in the correct format - now am I right in thinking that they have to give me a copy of the CCA that has to be a signed statement by or on behalf of the creditor. Also this is getting beyond me and would anyone recomment a no win no fee company or shall I struggle on:eek:

Miss_Marple_2

I am just learning about this myself as I am in the same situation - i.e. my creditor has not provided me with a signed CCA.

As far as I can tell - a CCA request can be fulfilled by them providing you with an unsigned copy - however this probably means that they do not have a signed copy ( although this cannot be assumed). If they have no signed copy, it is unenforcable and also, because the signed copy also gives them certain rights under the Data Protection Act, if they don't have one, they can't pass your details on nor register information about you with credit reference agaencies.

I sent a letter that Fermi recommended saying that the account was in dispute and that the account was unenforable and they could not do anything with my details - but also asking them to confirm whether they hold a signed copy as well. I'm still waiting to hear back

holley

Thanks for that Miss Marple I have sent a letter saying the account is in dispute but they have said "they do not consider it to be in dispute" think I'll send another one to them

GeorgeUK

When were the agreements (allegedley) signed?

If before 6th April 2007, then the CCA must contain certain prescribed terms for it to be enforcable. They are allowed to omit any signatures when sending copies of the CCA, but must provide one with the signatures if they were to go to court to enforce the debt.

From 6th April 2007, the prescribed terms may not be required, but in court they still need to produce a signed copt of the CCA.