Unenforceability & Template Letters III

Mateusrojo

Follow up to #664

Received a letter today from Cap One - It has crossed in the post with my CCA reminder to them.

What they have sent is a copy of my application form (signed in 1998!!!)
but having read some of the recent posts above I am presuming it is enforceable!

This is because on the app form there is a section entitled Credit Card Account agreement and this section is signed by me wiht a scrawled signature in the space for authorised signature of Cap One.

But more importantly - in the middle of this section it says "I have read the terms and conditions overleaf..."

So I presume unless I can find something wrong with the terms and conditions that it is enforceable??

Cant believe cap 1 were getting it right in 1998!

never-in-doubt

*Pollypocket* wrote: »

Thank you, I shall get onto it as soon as I've done the school run

Hiya,

Got your email - thanks.

Page 1 of the agreement does link to the terms overleaf - fine and dandy!

However pay attention - close attention! At the top, in the right corner you see their siggy and date and the account number underneath.... these have been added ONTO the scan - they are not original and they are also in different handwriting (look at the number 7, 4 & 0)...

Basically, the terms (page 2) were never on the reverse of page 1 - that is undisputed unless you see the original so time to assume it is unenforceable and send this: Debtors Final Response - CCA Received

You're pushing the boundaries - but worth a go, isn't it? Trust me for a little while

never-in-doubt

Mateusrojo wrote: »

Follow up to #664

Received a letter today from Cap One - It has crossed in the post with my CCA reminder to them.

What they have sent is a copy of my application form (signed in 1998!!!)
but having read some of the recent posts above I am presuming it is enforceable!

This is because on the app form there is a section entitled Credit Card Account agreement and this section is signed by me wiht a scrawled signature in the space for authorised signature of Cap One.

But more importantly - in the middle of this section it says "I have read the terms and conditions overleaf..."

So I presume unless I can find something wrong with the terms and conditions that it is enforceable??

Cant believe cap 1 were getting it right in 1998!

Can you scan it or take a close up photo and email me? I'll bet you a tenner it isn't enforceable though! lol - cheer up!

PM if you want to do via email, or post links if you're happy to post on here....

never-in-doubt

When you do beat the system - this is the response you will get - just thought some of you may like to see it for yourself.... Taken from here: CCA - Request Becoming a nightmare HELP!!! Updated 18\3\2010

midastouched_2

Isn't that a wonderful letter to receive!

:beer:

never-in-doubt

midastouched wrote: »

Isn't that a wonderful letter to receive!

:beer:

Indeed - i've seen plenty but none so recent, I do love it when a plan comes together!

never-in-doubt

*Pollypocket* wrote: »

I think I have just answered my question there, it has to be enforcable. Clutching at straws now :rotfl:

Noooo - Its Unenforceable.... totally.

see my earlier reply, you'll be pleased to see Niddy found some irregularities and had found a "technicality" for you.... it's fine, play the game and see where it takes you... :D

Put it this way, don't worry about it and certainly cease payments (i'm assuming you already have)... ;)

Mateusrojo

never-in-doubt wrote: »

Can you scan it or take a close up photo and email me? I'll bet you a tenner it isn't enforceable though! lol - cheer up!

PM if you want to do via email, or post links if you're happy to post on here....

Hi Nid
http://s800.photobucket.com/albums/yy290/mateusrojo/CCA%20worki/?action=view&current=IMAGE1.jpg

Think i have done this right??

This is as good a scan as I can get.

The accompanying letter says
"For the avoidance of doubt, the signature page provided is a scanned copy of the signature page of your original agreement only. Included on the reverse was an extract of the terms of your original agreement (including the prescribed terms) or the full terms of your agreement. Prior to signature you were provided with a full copy of the terms of your original agreement to keep and were sent a further copy of your original agreement with your first credit card"

One thing I think is strange is the use of "or" in the quote - surely if they have the original form they know what was on the reverse?? Maybe they just have this photocopied page from the original? Does this matter??

Thanks

*Pollypocket*

Hello Niddy,

Thank you so much again for your time :T. Now, if I send them this next letter, won't they just come back and say they have sent me a copy already? I know... I need to trust you on this, but I'm useless at this sort of stuff. Do I need to adapt the letter to suit?

Scared :eek:


Edited to say: Just been scrutinising the agreement again, my gut instinct is this that the top section looks totally wrong, like it had been superimposed onto the agreement. Clutching again... lol


Editing again 'cos I'm a pain in the !!!!: Does it have to include my account number on the CCA, 'cos the number on the top isn't my account number?

Thanks again Niddy, I shall leave you in peace... for now

never-in-doubt wrote: »

Hiya,

Got your email - thanks.

Page 1 of the agreement does link to the terms overleaf - fine and dandy!

However pay attention - close attention! At the top, in the right corner you see their siggy and date and the account number underneath.... these have been added ONTO the scan - they are not original and they are also in different handwriting (look at the number 7, 4 & 0)...

Basically, the terms (page 2) were never on the reverse of page 1 - that is undisputed unless you see the original so time to assume it is unenforceable and send this: Debtors Final Response - CCA Received

You're pushing the boundaries - but worth a go, isn't it? Trust me for a little while

Wispa1

Hi NID - I have sent you a PM regarding my MBNA query from before please. It won't let me post attachments so I wanted to email you my CCA if possible. With many thanks.