Disputing debt to capquest

DAVEB71

Hi RAS it was a skycard credit card from 2005, it is a scanned copy of the application form signed and dated by me in the credit agreement box at the bottom, they included a statement of all payments made to them dated and the amount and the interest added by them, they have also attached what seems like either the original t and c's or just a general set titled SKY CARD CONDITIONS, CREDIT CARD AGREEMENT REGULATED BY THE CONSUMER CREDIT ACT 1974, this seperate document is not signed or dated by either me or them and is definately not a scanned copy, probably a photocopy of a standard t&c, it also states on this seperate t&c document the standard apr is 17.9%, so back to the application, does this signed and dated application form constitute a valid CCA, or am I back in the fight! the apr shown in previous post was the info set out in a box for standard purchases and bt, cheers

just to add, just read on all about debt that application forms are unenforcable, so are they trying to catch me out and con me into thinking that they have complied with my request, some details on the application dont seem right, like my annual household income at £55,000??? which was way way out, if only!!

king100

Doesnt the rate of interest have to be on the actual CCA agreement rather than a T&Cs?

Is that the correct rate on interest.

Does it mention a credit limit?

Does it mention frequency of payments?

Have you worked out what the correct amount owed is?

IE.

Debt £1000 in June 2006 with APR 17.9%
2007 £1179
2008 £1390
2009 £1638
2010 £1932

This assumes that no payments were made......

king100

DAVEB71 wrote: »

Hi RAS it was a skycard credit card from 2005, it is a scanned copy of the application form signed and dated by me in the credit agreement box at the bottom, they included a statement of all payments made to them dated and the amount and the interest added by them, they have also attached what seems like either the original t and c's or just a general set titled SKY CARD CONDITIONS, CREDIT CARD AGREEMENT REGULATED BY THE CONSUMER CREDIT ACT 1974, this seperate document is not signed or dated by either me or them and is definately not a scanned copy, probably a photocopy of a standard t&c, it also states on this seperate t&c document the standard apr is 17.9%, so back to the application, does this signed and dated application form constitute a valid CCA, or am I back in the fight! the apr shown in previous post was the info set out in a box for standard purchases and bt, cheers

Is the amount of interest the same as what they have sent you in T&Cs that you have been charged?

DAVEB71

I have paid £684.00 off a debt which started off at £1313.00 (according to capquest statements) and the apr on the application form is set out as 11.9%, 16.9% and 24.9% in decending order, it states that I will be advised of my credit limit they have sent me 2 lots of t&c one is a scanned copy with the application form, the other is a seperate standard set, it does say I must make a minimum payment every month, I am confused as one lot looks like an application which it obviously is and states, and the other looks like part of a document which is totally seperate, its just how its set out that I find sus, I acknowledge that I owe money but its the amount that they want which really anoys me

king100

Ok so what APR are they charging you as there are 3 on there yet T&Cs state 17.9 apr. And 17.9% is not one of them?

I havent a clue!!!!!

Any chance you can scan a copy and link here.

I will send you a PM as well.

king100

Reading about it seems and application form is NOT and I repeat NOT a valid CCA.

Please read here

Is my agreement Enforceable

nottoolate

king100 wrote: »

Doesnt the rate of interest have to be on the actual CCA agreement rather than a T&Cs?

they can be on a separate page of terms and conditions

but the signature document must clearly link to those separate pages.

i.e. be a continuation of the same physical document, or clearly refer you to separate terms and conditions available when the card was take out.

so you have to be very careful when saying something like

its an application form so not enforceable

some are enforceable if the precribed terms are in separate but linked pages or document

DAVEB71

Scanned the document how do i upload it

DAVEB71

The site wont let me upload a scanned doc from photobucket how do I get around this, cheers

king100

http://i1137.photobucket.com/albums/n517/DAVEB71/CQ1_COPY.jpg

http://i1137.photobucket.com/albums/n517/DAVEB71/CQ2_COPY.jpg

There you go