Capital One - March 2006. Is this enforceable?

[DoubtingThomas]

Re: Capital One - March 2006. Is this enforceable?

Any update on this Rockwell- I have received a blast from the past. DT

[rockwell]

Re: Capital One - March 2006. Is this enforceable?

Any update on this Rockwell- I have received a blast from the past. DT

CCA originally sent to me by Cap One early 2010 passed to Niddy last week for his comments. Further CCA request sent to Lowell 21st October 2014....nothing from them except three idiotic letters all within a few days telling me they have requested copy agreement from Cap One and once this is available I must pay up! Well, let's see if it's enforceable first shall we?

[rockwell]

Re: Capital One - March 2006. Is this enforceable?

CCA originally sent to me by Cap One early 2010 passed to Niddy last week for his comments. Further CCA request sent to Lowell 21st October 2014....nothing from them except three idiotic letters all within a few days telling me they have requested copy agreement from Cap One and once this is available I must pay up! Well, let's see if it's enforceable first shall we?

Sorry, forgot to add no payment or acknowledgement on this since September 2009.

[DoubtingThomas]

Re: Capital One - March 2006. Is this enforceable?

Ay ay yay Rockwell - the speed with which Lowells are dispatching missives to me admonishing my extreme shortcomings is positively indecent. Even the postman is seen scurrying up the road like the White Rabbit muttering "I'm late, I'm late". Expect the same if not already. DT

[rockwell]

Re: Capital One - March 2006. Is this enforceable?

I recently received a copy of an agreement following a CCA request to Lowell. A brief question, when is an agreement deemed illegible? the copy sent has miniscule print and is very difficult, and probably impossible for some to read.
Cap One sent a similar copy end 2009, their cover letter stated this was a "scanned copy" of my agreement, does this have any relevance? I may be grasping at straws here!

[SaltnVinegar]

Re: Capital One - March 2006. Is this enforceable?

I recently received a copy of an agreement following a CCA request to Lowell. A brief question, when is an agreement deemed illegible? the copy sent has miniscule print and is very difficult, and probably impossible for some to read.
Cap One sent a similar copy end 2009, their cover letter stated this was a "scanned copy" of my agreement, does this have any relevance? I may be grasping at straws here!

If the document is illegible then yes its very relevant - just make sure that it genuinely is, being tiny isn't necessarily a failure if it is clear.

However you could still use this as a stalling tactic and send them the following:

http://www.all-about-debt.co.uk/inde...ument-received

[rockwell]

Re: Capital One - March 2006. Is this enforceable?

Thanks S&V, I'll send the letter you suggested. The print on the agreement is miniscule but clear so no joy there! Niddy has already given me his opinion on the agreement, seems to be enforceable. However, the copy Cap One sent looks hacked together.... it may just be a bad print job as I can't really see them bothering with a reconstruction.
More importantly, I don't believe I signed an agreement, merely an application form in March 2006. Again, possibly grasping at straws!

[marypoppins]

Re: Capital One - March 2006. Is this enforceable?

[rockwell]

Re: Capital One - March 2006. Is this enforceable?

[marypoppins]

Re: Capital One - March 2006. Is this enforceable?

Hi Rockwell has Niddy got back to you yet about the documents?

He's got mine too at the moment and on first glance (via his mobile) he thinks it may be enforceable but was going to inspect it further and let me know.

[nightwatch]

Re: Capital One - March 2006. Is this enforceable?

if he's {Niddy) not got back to you Pm him , he has been very busy just lately so may have over looked it

[SXGuy]

Re: Capital One - March 2006. Is this enforceable?

Thanks S&V, I'll send the letter you suggested. The print on the agreement is miniscule but clear so no joy there! Niddy has already given me his opinion on the agreement, seems to be enforceable. However, the copy Cap One sent looks hacked together.... it may just be a bad print job as I can't really see them bothering with a reconstruction.
More importantly, I don't believe I signed an agreement, merely an application form in March 2006. Again, possibly grasping at straws!

Please bare in mind applications are agreements if they are attached to prescribed terms and state agreement regulated by the Consumer Credit Act 1978 at the very top. Applications that are not agreements will not have those attached.

[Seamus]

Re: Capital One - March 2006. Is this enforceable?

Please bare in mind applications are agreements if they are attached to prescribed terms and state agreement regulated by the Consumer Credit Act 1978 at the very top. Applications that are not agreements will not have those attached.

Hi SXGuy, in what way must the prescribed terms be ''attached'' as mine is a copy of an application form (it states so at the top) with the ''Consumer Credit Act 1978'' statement near the bottom of the form but then there are a pack of terms that are in now way attached to the application form.

Seamus

[oscar]

Re: Capital One - March 2006. Is this enforceable?

Hi SXGuy, in what way must the prescribed terms be ''attached'' as mine is a copy of an application form (it states so at the top) with the ''Consumer Credit Act 1978'' statement near the bottom of the form but then there are a pack of terms that are in now way attached to the application form.

Seamus

Unless those prescribed terms were attached to the application form at the time you filled it in, then it isn't a credit agreement - despite what it may say near the signature box or a the top of the document.

[Seamus]

Re: Capital One - March 2006. Is this enforceable?

Unless those prescribed terms were attached to the application form at the time you filled it in, then it isn't a credit agreement - despite what it may say near the signature box or a the top of the document.

Thanks Oscar, there's certainly no sign of any ''attachment''.

S.