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  • #46
    Re: C1 / Cr@pquest Vs the chippy - they really are silly billies!

    was just reading this whole thread, and it seems cap1 and freds do the same routine with everyone.

    What i got was a copy of the application page, and a 3 page A4 prescribed terms. there cover letter also said the terms would have been on the back or seperately and would have been sent again with the card.

    Will double check but im sure the charges state £12, not £25-£30.

    I notified freds of the account being UE, they ignored it and replied stating cap1 sent it to me already, er thats not what i said?

    At the same time i got a letter from them again sayin account was on hold, so no idea which letter superseded the other.

    Today i got a letter from BC with the same crap about litigation within 14 days.
    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

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    • #47
      Re: C1 / Cr@pquest Vs the chippy - they really are silly billies!

      I didn't even get a copy of the application page.

      They keep on saying they sent a scanned copy, but they haven't...!!
      -----------------------------------------------

      Happiness, is screwing over a DCA.......

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      • #48
        Re: C1 / Cr@pquest Vs the chippy - they really are silly billies!

        Gonna be following this one, you are about 3 - 4 months infront of me....

        Originally posted by thechippy View Post
        C1's covering letter says..."We have included a scanned copy of the signed signature page of the original agreement"

        ....Er, no! - this wasn't included!!
        same here, obviously a standard letter they are blasting out no matter what accompanies it (did get a scan of the application form though)

        Originally posted by thechippy View Post

        "It shows the name and address at the time the agreement was signed"

        ....Er, no! It's a completely blank page which just has my name and account number typed on it!! When I say blank, I mean a page of PLAIN A4!!
        Looking at the pile of excrement they also sent me, the 'blank looking' A4 they sent is the covering page for the original agreement T&C's (approx 4 pages of bumpf in the envelope), they also sent another blankish A4 with the title 'T&C's at date of default' (another 4 pages of bumpf) but as none of the pages were stapled together it sorta got confusing for me for a while.

        Charges on mine say £12

        Anyhoo, good luck with this lot, if you get anything you need a comparison on drop me a pm I am into these monkeys for nearly £20K so knowing what is coming will be very useful
        Last edited by Bricktop; 13 July 2012, 18:26.

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        • #49
          Re: C1 / Cr@pquest Vs the chippy - they really are silly billies!

          Did your app form have your sig on it? - just curious.
          As far as I'm aware, C1 rarely have anything compliant...

          Anyway - off out for the evening now. Have a good one guys and catch you over the w/e.....
          -----------------------------------------------

          Happiness, is screwing over a DCA.......

          Comment


          • #50
            Re: C1 / Cr@pquest Vs the chippy - they really are silly billies!

            What they sent me was my 'short application form', I have spotted them sending this out to a couple of others from reading diaries.

            Letter was from a Liam Quegsomething and I have to write to him with any questions/queries.... I think we are going to be communicating a fair bit wether he wants to or not


            It is a copy of the application form, my signature and my writing, I have e-mailed it to Niddy and waiting for him to check over for me. (confirmed UE)

            I am no expert but from his thread here allaboutFORUMS - View Single Post - UPDATED - A Full Guide to Unenforceability

            I quote..

            In all cases, the agreement must contain:

            - A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following:

            (a) number of repayments;
            (b) amount of repayments;
            (c) frequency and timing of repayments;
            (d) dates of repayments;
            (e) the manner in which any of the above may be determined, or in any other way, and any power of the creditor to vary what is payable.


            None of that is on the form they sent me (had to zoom in 200% just to read the damn thing) so hopefully Niddy will get back to me with good news - he did !
            Last edited by Bricktop; 14 July 2012, 00:40.

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            • #51
              Re: C1 / Cr@pquest Vs the chippy - they really are silly billies!

              we all have the same letters in the same order, even though some have got a full application front page, and others havent even got that.

              In all cases, the Prescribed terms are a computer printed version with no reference to it on the application page.

              As far as i am aware, because of Carey, they are allowed to send it like this, to satisfy your CCA section 79 request. However, they have to back that up with proof of original if court action is taken.

              If something like incorrect charges are shown in them, then that is clear evidence they can not be a true copy.

              And furthermore i think i am also correct in saying that, if the application page forms the agreement, then the prescribed terms should be shown on it, or referenced to it, none of which is.

              Their cover letter always seems to state that the PT's would have been on the reverse or sent again with the card.

              These applications are mail shots, therefore the reverse couldnt have contained the PT's.

              on the application page, it makes reference to payment protection and states details are on a seperate leaflet, so even that wasnt on the reverse.

              Lastly, look closer at the application, it states "Your right to cancel" "Once you have signed the agreement, you will have for a short time a right to cancel it, exact details of how and when you can do that will be sent to you by post by Capital One"
              Last edited by SXGuy; 13 July 2012, 20:44.
              I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

              If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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              • #52
                Re: C1 / Cr@pquest Vs the chippy - they really are silly billies!

                Originally posted by SXGuy View Post
                As far as i am aware, because of Carey, they are allowed to send it like this, to satisfy your CCA section 79 request. However, they have to back that up with proof of original if court action is taken.
                yup afaik you are correct.

                Barclaycard had the decency re my Egg account to tell me they didn't have the original and as such unenforceable, these blagging bastards will never admit it

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                • #53
                  Re: C1 / Cr@pquest Vs the chippy - they really are silly billies!

                  Snap, same here with BC and Egg
                  I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                  If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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                  • #54
                    Re: C1 / Cr@pquest Vs the chippy - they really are silly billies!

                    Hello guys and gals.

                    Sorry I've not been on here for ages, but I have been very ill.

                    I have literally heard nothing regarding this account since my last post....

                    Until the other day, when I got a letter from Bryan Carter.
                    It basically says, if they don't receive payment by return, court proceedings WILL be issued in 7 days. It doesn't sound like the usual idle threat.

                    Any idea where I go from here?
                    -----------------------------------------------

                    Happiness, is screwing over a DCA.......

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                    • #55
                      Re: C1 / Cr@pquest Vs the chippy - they really are silly billies!

                      Sorry to hear you've been ill.

                      I'll look back through the thread to get some more facts and then come back. This will need responding to because Carter will issue papers if he thinks you're easy prey.

                      Does the letter give any more information than you've quoted here?

                      SH

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                      • #56
                        Re: C1 / Cr@pquest Vs the chippy - they really are silly billies!

                        This post by Paul shows the outline for the letter I would suggest sending. Read the post, and some of the others around it to gain an insight into the process.

                        allaboutFORUMS - View Single Post - Slickfm UE Diary

                        You will need to outline the facts of the dispute, which shouldn't be difficult as they only appear to have sent you terms and conditions and nothing which could be remotely enforceable.

                        It is your alleged debt, so it is best if you put that part of the letter in your own words. Reading through the thread it seems as though you know what you're doing, but do ask if you need any help with the exact wording.

                        SH

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                        • #57
                          Re: C1 / Cr@pquest Vs the chippy - they really are silly billies!

                          Originally posted by thechippy View Post
                          Hello guys and gals.

                          Sorry I've not been on here for ages, but I have been very ill.
                          Hiya Chips, hope you are feeling a bit better matey
                          "If wishes were horses, beggars would ride"

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                          • #58
                            Re: C1 / Cr@pquest Vs the chippy - they really are silly billies!

                            Hi Chippy

                            sorry to hear that you've not been well

                            BC are a pile of shyte so pop off the letter and try not to worry, I'll let Niddy know you are here as well

                            take care

                            xxx

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                            • #59
                              Re: C1 / Cr@pquest Vs the chippy - they really are silly billies!

                              Thanks all,

                              A mate has just popped around, so will get back to you later tonight / tmrw morning.........
                              -----------------------------------------------

                              Happiness, is screwing over a DCA.......

                              Comment


                              • #60
                                Re: C1 / Cr@pquest Vs the chippy - they really are silly billies!

                                Originally posted by thechippy View Post
                                Thanks all,

                                A mate has just popped around, so will get back to you later tonight / tmrw morning.........
                                Hi matey - hope you're ok? Wondered where you'd got to - I agree, follow the past few posts and you should be fine.
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