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womble28 V Capital One
Hello Everyone,
I have recently like so many people in Britain been made redundant in november last year, and as of yet been unsuccessful in finding another suitable job.
And as the months pass i am finding myself falling deeper into debt and the mounting pressure to pay my creditors is increasing daily.
A family member passed me the link to this site and for the passed two weeks I've been reading Curly Bens advice on how to deal with creditors and how to write the correct letters .
on April 14 i wrote a letter to Capital One requesting a true copy of my CCA as follows:-
Dear Sir/Madam
With reference to the above account; I request that you send me a true copy of this credit agreement before I will correspond further on this matter.
This is my right under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974, and I am entitled to receive a copy of my credit agreement on request.
Your obligation also extends to providing me with a statement of account. I enclose a £1 postal order, which represents payment of the statutory fee payable under the Consumer Credit Act. I understand that a copy of my credit agreement should be supplied within 12 working days from the date of this letter.
I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.
For the sake of clarity, may I also draw your attention to the following:
Consumer Credit Act 1974 s.175
Where under this Act a person is deemed to receive a notice or payment as agent of the creditor or owner under the regulated agreement, he shall be deemed to be under a contractual duty to the creditor or owner to transmit the notice, or remit the payment, to him forthwith.
Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.
In summary I request that you provide the following documentation before I correspond further :
1. True copy of original signed executed credit agreement.
2. FULL Statement of account from date of opening.
3. A fair processing notice.
As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.
Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.
Further to the above, please ensure that any contact by you is made in writing only to the above address. Telephone calls and personal visits will not be accepted and viewed as harassment.
I look forward to hearing from you within the statutory time limit and would appreciate your due diligence in this matter.
I look forward to hearing from you in writing.
Yours faithfully
BlahBlah
This morning (1st may) i received a reply to my request as follows:-
Thank you for your letter requesting copy documents for your account.
You requested copies of the executed credit agreement and a statement of your account under section 78 of the Consumer Credit Act 1974.
Please find enclosed a copy of your credit agreement as requested. In accordance with section 78 of the Consumer Credit Act 1974 and the Consumer Credit (Cancellation Notices and Copy Documents) Regulations1983, this is your original agreement, and if any terms have been varied, then the copy agreement aill include the updated terms. In addition, your personal details, the signature box, signature and adte of signature have been omitted from the copy provided as permitted under Regulation 3 of the Consumer Credit (Cancellation Notices and Copy Documents) Regulations 1983.
The status of your account, as at the date of this letter, is currently open and behind with payments.
I trust this information will help you with your enquiries. If you need any further information please contact me again.
Yours Sincerely
Ellie Renshaw
Executive Office Manager
Attached is a copy of the CCA. If someone could please take a look at it for me and let me know if this is a proper Legal document and what my next action should be
Many Thanks
Womble28
I have recently like so many people in Britain been made redundant in november last year, and as of yet been unsuccessful in finding another suitable job.
And as the months pass i am finding myself falling deeper into debt and the mounting pressure to pay my creditors is increasing daily.
A family member passed me the link to this site and for the passed two weeks I've been reading Curly Bens advice on how to deal with creditors and how to write the correct letters .
on April 14 i wrote a letter to Capital One requesting a true copy of my CCA as follows:-
Dear Sir/Madam
With reference to the above account; I request that you send me a true copy of this credit agreement before I will correspond further on this matter.
This is my right under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974, and I am entitled to receive a copy of my credit agreement on request.
Your obligation also extends to providing me with a statement of account. I enclose a £1 postal order, which represents payment of the statutory fee payable under the Consumer Credit Act. I understand that a copy of my credit agreement should be supplied within 12 working days from the date of this letter.
I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.
For the sake of clarity, may I also draw your attention to the following:
Consumer Credit Act 1974 s.175
Where under this Act a person is deemed to receive a notice or payment as agent of the creditor or owner under the regulated agreement, he shall be deemed to be under a contractual duty to the creditor or owner to transmit the notice, or remit the payment, to him forthwith.
Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.
In summary I request that you provide the following documentation before I correspond further :
1. True copy of original signed executed credit agreement.
2. FULL Statement of account from date of opening.
3. A fair processing notice.
As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.
Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.
Further to the above, please ensure that any contact by you is made in writing only to the above address. Telephone calls and personal visits will not be accepted and viewed as harassment.
I look forward to hearing from you within the statutory time limit and would appreciate your due diligence in this matter.
I look forward to hearing from you in writing.
Yours faithfully
BlahBlah
This morning (1st may) i received a reply to my request as follows:-
Thank you for your letter requesting copy documents for your account.
You requested copies of the executed credit agreement and a statement of your account under section 78 of the Consumer Credit Act 1974.
Please find enclosed a copy of your credit agreement as requested. In accordance with section 78 of the Consumer Credit Act 1974 and the Consumer Credit (Cancellation Notices and Copy Documents) Regulations1983, this is your original agreement, and if any terms have been varied, then the copy agreement aill include the updated terms. In addition, your personal details, the signature box, signature and adte of signature have been omitted from the copy provided as permitted under Regulation 3 of the Consumer Credit (Cancellation Notices and Copy Documents) Regulations 1983.
The status of your account, as at the date of this letter, is currently open and behind with payments.
I trust this information will help you with your enquiries. If you need any further information please contact me again.
Yours Sincerely
Ellie Renshaw
Executive Office Manager
Attached is a copy of the CCA. If someone could please take a look at it for me and let me know if this is a proper Legal document and what my next action should be
Many Thanks
Womble28
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