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Cap 1 have replied to cca request!!!!!
UNCLE_BUCK
Posts: 88 Forumite
Advice/help please....
Capital One have responded to my CCA request within the 12 + 2 timeframe. They have sent me standard leaflet of terms and conditions, terms of my Capital One Credit Card Agreement (featuring no signature or personal details on the reverse) and the following letter stating:
'Please find enclosed a copy of your credit agreement as requested... 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 Regulations 1983'.
i do not think this is good enough but advice needed from the experts please...
Capital One have responded to my CCA request within the 12 + 2 timeframe. They have sent me standard leaflet of terms and conditions, terms of my Capital One Credit Card Agreement (featuring no signature or personal details on the reverse) and the following letter stating:
'Please find enclosed a copy of your credit agreement as requested... 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 Regulations 1983'.
i do not think this is good enough but advice needed from the experts please...
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Comments
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They did the same to me.....they claim that they can just provide the 'current' t&cs as the originals have been varied ( i.e new int rates) since you first opened the Account.
Remind them that you wanted a copy of the ORIGINAL Agreement and that if they continue to not do so then this obstruction would be referred to should any Court action be needed in the future.
If if has been 30 days since you requested the CCA, default them as well.
This worked for me.
:D stay wonky :D
....one-way ticket to Portugal booked !0 -
thanks pepe, do you think i should send a SAR request.0
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If if has been 30 days since you requested the CCA, default them as well.
No need for the +30 day letter anymore as the Act was amended to remove the clause that made this a 'criminal' offence.
Simply wait for 12 working days from their receipt of your request and send them the 12+2 day letter.I am NOT, nor do I profess to be, a Qualified Debt Adviser. I have made MANY mistakes and have OFTEN been the unwitting victim of the the shamefull tactics of the Financial Industry.
If any of my experiences, or the knowledge that I have gained from those experiences, can help anyone who finds themselves in similar circumstances, then my experiences have not been in vain.
HMRC Bankruptcy Statistic - 26th October 2006 - 23rd April 2007 BCSC Member No. 7
DFW Nerd # 166 PROUD TO BE DEALING WITH MY DEBTS0 -
UNCLE_BUCK wrote: »thanks pepe, do you think i should send a SAR request.
Why, UB?
They are already in default.I am NOT, nor do I profess to be, a Qualified Debt Adviser. I have made MANY mistakes and have OFTEN been the unwitting victim of the the shamefull tactics of the Financial Industry.
If any of my experiences, or the knowledge that I have gained from those experiences, can help anyone who finds themselves in similar circumstances, then my experiences have not been in vain.
HMRC Bankruptcy Statistic - 26th October 2006 - 23rd April 2007 BCSC Member No. 7
DFW Nerd # 166 PROUD TO BE DEALING WITH MY DEBTS0 -
thanks rog,
i am guessing this would be on the basis that it is not a "true copy" of the original. ie missing signature, dates ect..0 -
Rog, does reg 3 of cca 1974 allow them to ommit personal details and signatures as they stated in OP.0
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UNCLE_BUCK wrote: »thanks rog,
i am guessing this would be on the basis that it is not a "true copy" of the original. ie missing signature, dates ect..
A 'copy' of the current T&C does not form a 'true copy of the original executed consumer credit agreement' that they were legally obliged to provide. On that basis they have not sent you a compliant cca.
The law does permit the ommission of signatures but, nevertheless, the agreement must be the original agreement.
Have a look at the following post - check to see what should be included on the cca:
http://forums.moneysavingexpert.com/showpost.html?p=20321367
Then send them the 12+2 day letter.I am NOT, nor do I profess to be, a Qualified Debt Adviser. I have made MANY mistakes and have OFTEN been the unwitting victim of the the shamefull tactics of the Financial Industry.
If any of my experiences, or the knowledge that I have gained from those experiences, can help anyone who finds themselves in similar circumstances, then my experiences have not been in vain.
HMRC Bankruptcy Statistic - 26th October 2006 - 23rd April 2007 BCSC Member No. 7
DFW Nerd # 166 PROUD TO BE DEALING WITH MY DEBTS0 -
UNCLE_BUCK wrote: »Rog, does reg 3 of cca 1974 allow them to ommit personal details and signatures as they stated in OP.
Signatures yes. Other details required for the document to be "executed" must be present.
A blank agreement plus T&Cs (past or present) does not cut it.Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB
IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed0 -
thank you both, will wait until wednesday then send the 12+2.0
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