Capital One - March 2006. Is this enforceable?

[The Tech Clerk]

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

Latest from Lowell; Pre-Legal Assessment letter.

If we decide to use the County Court the process will be as follows; 1. You will Receive a claim form. 2. If you don't pay in 14 days a CCJ will be registered against you. Attachment of earnings etc! They forgot to mention they would have to win the case first!!

They seem to have ignored my missing prescribed terms letter, perhaps they're confident all terms are present. Any advice most welcome.

CCJ you have 28 days to pay before registration takes place?

[marypoppins]

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

Mine arrived this morning Rockwell!

I had posted another s78 request yesterday so not really sure whether to send a response so will see what advice I get.

[rockwell]

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

• I'd send this if it were me
• --------> Threat Received - Litigation Forthcoming

Thanks Deepie, will do

[Deepie]

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

Latest from Lowell; Pre-Legal Assessment letter.

If we decide to use the County Court the process will be as follows; 1. You will Receive a claim form. 2. If you don't pay in 14 days a CCJ will be registered against you. Attachment of earnings etc! They forgot to mention they would have to win the case first!!

They seem to have ignored my missing prescribed terms letter, perhaps they're confident all terms are present. Any advice most welcome.

• I'd send this if it were me
• --------> Threat Received - Litigation Forthcoming

[rockwell]

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

Latest from Lowell; Pre-Legal Assessment letter.

If we decide to use the County Court the process will be as follows; 1. You will Receive a claim form. 2. If you don't pay in 14 days a CCJ will be registered against you. Attachment of earnings etc! They forgot to mention they would have to win the case first!!

They seem to have ignored my missing prescribed terms letter, perhaps they're confident all terms are present. Any advice most welcome.

[MrsD]

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

I would send the missing pts letter, you just need to hold them at bay for another wee while, so you just continue as if the CCA was UE

[Seamus]

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

Just because it's enforceable doesn't mean you can't blag it. I've been doing it for one for nearly 3 years. Just follow the same procedure.

What procedure please?

S.

[The Tech Clerk]

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

28 day DN and the answer would be :- then you had longer to correct position, different if less than 14 days, FSA response

[marypoppins]

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

Unfortunately my news is not good! looks enforceable to Niddy. I'm wondering how to keep this going until October when it becomes SB'd.

As I mentioned before, columns out of alignment, tiny print....surely no financial company would send an agreement out like this. Everything else from their side (Cap One and Lowell) seems in order. The only slight issue is a 28 day DN but everything I read on here suggests this would not be considered by a DJ.

Sounds like we're in exactly the same position, I just keep thinking that I've got this far since 2009 so only a bit further to go.

It's the only time I think 'roll on xmas'!

[SXGuy]

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

Just because it's enforceable doesn't mean you can't blag it. I've been doing it for one for nearly 3 years. Just follow the same procedure.

[rockwell]

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.

Unfortunately my news is not good! looks enforceable to Niddy. I'm wondering how to keep this going until October when it becomes SB'd.

As I mentioned before, columns out of alignment, tiny print....surely no financial company would send an agreement out like this. Everything else from their side (Cap One and Lowell) seems in order. The only slight issue is a 28 day DN but everything I read on here suggests this would not be considered by a DJ.

[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.

[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?

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

[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.