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I'm just finding my way around this excellent site so hope I've done this right. I've been helping a good friend over the years fend off a bunch of dca's. Most have gone quiet but for now I would really appreciate it if Niddy could take a look at a Capital One cc agreement for enforceability.
The details are:
In 2010 we sent cap1 a CCA request which was digitally signed.
They insisted on a sig before they would comply.
We pointed out no sig is required and you are aware of who you are dealing with and have previously sent private & confidential info without requesting a sig.
They wrote back saying unless we sign there is nothing more they can do.
Fair enough that suits us so left it at that.
Roll on 4 years and lowell pop up as the new owners being assigned the account.
We told them it's in dispute as still awaiting CCA.
They said Cap1 wanted a sig and were still prepared to comply with our CCA request if we sign, but also enclosed a poor copy of a signed application form & list of statements (quite a few late payment fees listed).
We sent another CCA request to Cap1 this time signed.
Cap 1 sent what they claim to be a recon copy of our original agreement. They sent a copy of the same poor quality signed application form and separate loose pages of T&C's. One set which they claim to be the original T&C's (at the bottom of each page is V10#) and one set that they say is the T&C's at default (bottom of each page is V14#.
We've also sent Cap1 a SAR request which we still await. At the moment Lowell have put things on hold for 30 days while we wait for the info from Cap1.
I would be grateful if Niddy could take a look at the paperwork & terms they sent.
If it does turn out that the paperwork is all in order, I have calculated that the late payment fees, with compound interest, to be around 2.7k and the amount they seek and will tell them that we're quits.
The details are:
- Type of account: credit card
- Date commenced: July 2004
- Approx balance: £2.7k
- Date last paid: end of 2009
- Are you on arrangement or not paying: Not paying
- Status: default around August 2009
- Account owner: sold to Lowell
In 2010 we sent cap1 a CCA request which was digitally signed.
They insisted on a sig before they would comply.
We pointed out no sig is required and you are aware of who you are dealing with and have previously sent private & confidential info without requesting a sig.
They wrote back saying unless we sign there is nothing more they can do.
Fair enough that suits us so left it at that.
Roll on 4 years and lowell pop up as the new owners being assigned the account.
We told them it's in dispute as still awaiting CCA.
They said Cap1 wanted a sig and were still prepared to comply with our CCA request if we sign, but also enclosed a poor copy of a signed application form & list of statements (quite a few late payment fees listed).
We sent another CCA request to Cap1 this time signed.
Cap 1 sent what they claim to be a recon copy of our original agreement. They sent a copy of the same poor quality signed application form and separate loose pages of T&C's. One set which they claim to be the original T&C's (at the bottom of each page is V10#) and one set that they say is the T&C's at default (bottom of each page is V14#.
We've also sent Cap1 a SAR request which we still await. At the moment Lowell have put things on hold for 30 days while we wait for the info from Cap1.
I would be grateful if Niddy could take a look at the paperwork & terms they sent.
If it does turn out that the paperwork is all in order, I have calculated that the late payment fees, with compound interest, to be around 2.7k and the amount they seek and will tell them that we're quits.
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