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I've been dealing with a Cap1 CC that went into default around 2009. The amount is for around 2.7k. A brief history.
Beginning of 2010 we sent a CCA request to Cap1.
They wrote back saying it's not signed and they need to be sure who they're dealing with.
We wrote back pointing out that the CCA request doesn't require a sig providing the creditor is satisfied as to the identity of who they are dealing with, and as they had sent private & personal info in the past without requiring any further checks of identity they were fully aware who they were dealing with.
They replied agreeing that it doesn't require a sig but they are committed to protecting personal info etc and unless we sign there is nothing more they can do. Fair enough we'll leave it at that.
Roll on 4 years and in April 2014 we receive letter from Lowell saying the account was sold to them and pay up.
We point out that Cap1 remain in default of our cca request.
They reply saying Cap1 did receive the CCA request but could not be actioned as it was unsigned, but here's 15% discount - pay up.
We reply referring Lowell to previous correspondence with Cap1 - and also signed the letter so they have no reason to doubt the identity for the purpose of denying the CCA request.
They reply with this letter
Lowell letter1-redacted.pdf
A week later they send another letter enclosing a copy of statements and said a copy of the agreement has been ordered and will be forwarded under separate cover.
They then send a letter enclosing what they say is the the agreement as requested and that they are now entitled to receive full payment, giving 7 days or they will instruct solicitors & legal proceedings.
This is what they sent as the agreement. It's an application form which we assume (as the name & address was already printed) was a general flyer which the bank sent out touting for business. It is signed but I don't think this comes close to satisfy the CCA, and is illegible. Looks like a copy of a copy and with normal sight I can't make out the small print of the agreement. This is scanned at high res which makes it just readable when zoomed in.
cap1 agreement_Redacted.pdf
As per Lowells previous letter, should we send another CCA request + fee and sign it to Cap1 to see if they send anything more than an illegible application form? Was also thinking of requesting a full SAR to Cap1 as the copy of printed statements that Lowell sent are missing transaction details from 04 to 07 which we beleive would show quite a few late payment charges.
Beginning of 2010 we sent a CCA request to Cap1.
They wrote back saying it's not signed and they need to be sure who they're dealing with.
We wrote back pointing out that the CCA request doesn't require a sig providing the creditor is satisfied as to the identity of who they are dealing with, and as they had sent private & personal info in the past without requiring any further checks of identity they were fully aware who they were dealing with.
They replied agreeing that it doesn't require a sig but they are committed to protecting personal info etc and unless we sign there is nothing more they can do. Fair enough we'll leave it at that.
Roll on 4 years and in April 2014 we receive letter from Lowell saying the account was sold to them and pay up.
We point out that Cap1 remain in default of our cca request.
They reply saying Cap1 did receive the CCA request but could not be actioned as it was unsigned, but here's 15% discount - pay up.
We reply referring Lowell to previous correspondence with Cap1 - and also signed the letter so they have no reason to doubt the identity for the purpose of denying the CCA request.
They reply with this letter
Lowell letter1-redacted.pdf
A week later they send another letter enclosing a copy of statements and said a copy of the agreement has been ordered and will be forwarded under separate cover.
They then send a letter enclosing what they say is the the agreement as requested and that they are now entitled to receive full payment, giving 7 days or they will instruct solicitors & legal proceedings.
This is what they sent as the agreement. It's an application form which we assume (as the name & address was already printed) was a general flyer which the bank sent out touting for business. It is signed but I don't think this comes close to satisfy the CCA, and is illegible. Looks like a copy of a copy and with normal sight I can't make out the small print of the agreement. This is scanned at high res which makes it just readable when zoomed in.
cap1 agreement_Redacted.pdf
As per Lowells previous letter, should we send another CCA request + fee and sign it to Cap1 to see if they send anything more than an illegible application form? Was also thinking of requesting a full SAR to Cap1 as the copy of printed statements that Lowell sent are missing transaction details from 04 to 07 which we beleive would show quite a few late payment charges.
Normally CCA requests are meant to be 'signed digitally', meaning writing your name in a different font as opposed to actually signing it. This is to avoid your signature being 'lifted'. On the redacted copy of the application form you've posted you've blacked out the signature area, on your unedited copy, is your real signature on there? If so, there isn't much point in omitting your signature from the CCA request. An alternative is to sign on an anti-tamper strip: 
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