Where do I go from here???

rainbowsandflowers

Hi all,

Started receiving a number of letters last year for credit accounts in my name but that I had no knowledge of (believe it has been ex partner who has opened accounts on line), one being from Capital One for a credit card. Following advice on this forum I sent numerous letters to them asking them for a copy of any supposed credit agreement that I have signed and duly sent my £1 payment. They initially sent me a blank template of a credit agreement. I sent a follow up letter stating that this was not acceptable and that the account wasn't mine, again requesting a copy of a true signed agreement.

I have received a letter yesterday saying that they have already provided a copy of my original agreement - they say that they have omitted personal details and signatures etc as they are entitled to do under Regulation 3 of the Consumer Credit Regulations 1983 and state that it complies with the CCA 1974. They have said that the account is, in their opinion, not in dispute (as they have fulfilled my request in full) and they have a valid and enforceable credit agreement. At the end of the letter they have stated that they are not willing to discuss the matter further and will not enter into any further correspondence regarding the matter and want payment in full.

I am just wondering where I go from here. I have signed nothing from them and the credit agreement template that they sent me was not even a photocopy it was purely a template which was printed onto the back of the first letter they sent me (in my mind - not proof whatsoever that this is anything to do with me). I have not signed anything and they obviously are aware of that so don't understand why they are continuing with this farse.

Please help x x x

found_a_bargin

It sounds to me like the bank are bluffing, it would seem that they havent got your sig and are trying to obtain it.

If you send them anymore letters dont sign them.

Hope it all sorts itself out for you.

scaredy_cat

I think you need to report to the police that your identity has been used to fraudently obtain the credit cards.

whatatwit

Have you reported this to the police?

If the accounts have been opened in your name, without your knowledge, then surely it must be fraud.

10past6

I suggest you write back to them stating at no time have you entered into an agreement with them, if they wish to pursue the debt, they do so with the co-operation of there fraud dept and police, which you're willing to assist with any enquiry, close by stating no further discussion will be entered into if it's to do with any payment requests.

rainbowsandflowers

Thanks for your reply folks. I did speak to the police last year regarding this matter and they are fully aware of the situation. It is suspected that it is in fact the work of my ex-partner but the police to date have been unable to contact him, therefore as it stands at the moment it is kind of my word against the companies. I have told them on a number of occasions that this is not my card and I have never requested an account with them. I was kind of thinking that it was maybe blatently obvious that they were bluffing but this whole situation has been really scary for me and I have been spending the last 7 -8 months trying to sort it all out. Most other companies have said that they have no credit agreement so have written off accounts but I am still fighting to get information removed from credit file but Capital One and Egg are playing difficult .

Thanks again for your help and advice though x x x

10past6

rainbowsandflowers wrote: »

Thanks again for your help and advice though x x x

If you have insurance cover on your contents, give them a call, maybe a solicitors letter to them is all that's required.

scaredy_cat

http://www.homeoffice.gov.uk/crime-victims/reducing-crime/fraud/
on the HO site is says the credit card company is responisble for verifying the fraud, as they have all the evidence.

rainbowsandflowers

Could I just ask too, is it likely that Capital One will try and take me to court over this matter now? As I said before, its been a really difficult year and probably one of the lowest of my life, not sure I could deal with any more problems like this. If they try to take further action, would the police reports and copies of my letters etc be evidence for a judge in this matter?

I am also going to try and write another letter to them as I think they are being underhanded and unfair when I have provided as much information to them as possible, plus they know about the police involvement. Can anyone give me some idea what I could include in the letter? Are there any other aspects of the CCA 1974 that I can include that would make them provide a true copy that they state they have in their possession? Is it true that they can remove all personal details from a CCA and refuse to provide me with a true signed copy? Sorry to be a pain but thanks in advance x x

rainbowsandflowers

10past6 wrote: »

If you have insurance cover on your contents, give them a call, maybe a solicitors letter to them is all that's required.

Hi 10past6,

Sorry to be appear to be a bit thick (I'm not really, lol!) but how would I do this? I've never claimed on insurance before, would I be allowed to arrange a solicitor this way? x x

rainbowsandflowers

scaredy_cat wrote: »

http://www.homeoffice.gov.uk/crime-victims/reducing-crime/fraud/
on the HO site is says the credit card company is responisble for verifying the fraud, as they have all the evidence.

Thanks for this info, I think I might include this information in my follow up letter. I have to say that I have been quite suprised, considering the amount of fraud that apparently occurs in this country, just how unhelpful some companies have been throughout this whole process. The police have been really nice but the companies themselves have treated me like a liar and threatened me pretty much constantly throughout. Thankfully, some seem to be sorting matters now but it has taken so much time and energy x x