Capital One CCA Request

never-in-doubt

Does the application form have 'Credit Agreement Regulated By the Consumer Credit Act' on the front of it......

finshe

never-in-doubt wrote: »

Does the application form have 'Credit Agreement Regulated By the Consumer Credit Act' on the front of it......

Yes with 1974 on the end, and the date of application is 2001

Also the covering letter said this is there final responce relating to this matter.

ILW

never-in-doubt wrote: »

Lets not start that again eh? :rolleyes:

I told you in no uncertain terms the last time, that this kind of debt does not affect the rates the average consumer is offered - it is written off against profits thus affecting the bonuses paid to execs - are you happy knowing that they get ridiculous bonuses which you pay for via tax? I'm certainly not, lol

Hello

I respect NID for your knowledge of the law, but your claim that any write off are paid out of directors bonuses is total cobblers.

finshe

ILW wrote: »

Hello

I respect NID for your knowledge of the law, but your claim that any write off are paid out of directors bonuses is total cobblers.

Maybe it was wishfull thinking, dont we all wish that:beer:

finshe

Hi never-in-doubt,

I have managed to get the so called true copy of the original executed agreement online.

Would you mind having a look and advise whether i should now be refusing to pay on the grounds that the agreement is unenforceable due to the lack of any prescribed terms within the 4 corners of the signed document.

Also which of your template letters do i send?.

pages 1 & 2 are the front & back of the letter
page 3 is the application form, it is blank on the back
pages 4 & 5 are the front & back of the first page of terms
pages 6 & 7 are the front & back of the second page of terms
pages 8 & 9 are the front & back of the third page of terms
http://debtpdfs.tripod.com/cap1.pdf

never-in-doubt

ILW wrote: »

Hello

I respect NID for your knowledge of the law, but your claim that any write off are paid out of directors bonuses is total cobblers.

Of course it is not just directors bonuses - but the principle is the same, like all businesses any losses are tax deductable and this includes financial losses underwritten in case of arrears.

Basically the way you and I run our credit account has no bearing on the actual rates offered by that organisation for a particular product.

That's actually the official term, but in theory - although I tend to joke about it - the fact of the matter is that rates are established taking into account several factors and one of those factors being the companies overall P&L status... The tax deductable losses would not fall within that remit and so would not have any bearing on the actual cost of the product (or APR)

So not cobblers, more crumbs lol

never-in-doubt

finshe wrote: »

Hi never-in-doubt,

I have managed to get the so called true copy of the original executed agreement online.

Would you mind having a look and advise whether i should now be refusing to pay on the grounds that the agreement is unenforceable due to the lack of any prescribed terms within the 4 corners of the signed document.

Also which of your template letters do i send?.

I think it is unenforceable however Crappy1 will not do anything mate, i'm having a long fight with them here: How to get back on the credit ladder (read last few pages)...... I've been fighting them for 6 months for marcellep but still they just blanked my 'obviously technical' questions - so we've now gone to FOS/ICO for resolution.....

I'd hold fire just now and ignore them for a month, at least til we get judgement of the 12 test cases. However the letter you should reply with is this: 3. CCA Query so its up to you if you wait or send the letter..... i'd wait, but that's cos I know how they work

finshe

Thanks, i will take your advise and send the letter once the test cases have been put to bed.

Just out of curiosity is there a thread regarding the test cases you refer to.

never-in-doubt

finshe wrote: »

Just out of curiosity is there a thread regarding the test cases you refer to.

No mate - just some links on the Unenforceable thread - but nothing is being leaked so its all hush-hush at the moment....

bingy_burge

There is some serious short term memeory loss here. Has everyone forgotten how we got in the worst recession seen in decades?


Its common knowledge lenders have an 'Oh nevermind Ledger' where they right off any bad debt!?!? Cods wallop thats just wishful thinkin at best they charge paying customers more at worst the go bust or in the UK and US get propped up by the public purse.

The reason we are in a recession is people couldn't or wouldn't pay back what they owed bringing the worldwide financial system to its knees.

NID knows the law on credit but his ethics are a bit fuzzy.