MIKE770 v Capital One

[MIKE770]

Re: MIKE770 v Capital One

Copy of so called agreement sent showing £12 default charges, agreement taken out Dec 2001, strange reference is made in terms regarding interest from 2002, cannot seem to make picture bigger:beagle::beagle::beagle:
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Letter:- Terms of your Cap one credit card agreement. Thank you for your recent request. Please see overleaf for the current terms of your agreement with us.
For the rest of your terms and conditions please see leaflet enclosed.

any queries contact our customer service dept.:beagle::beagle:
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refers to item of 12.04p.m.:beagle:
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Would I be thinking they are making up agreements to suit the situation, and passing them off as originals, which would be illigal??????
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Bump:beagle:

[Tools]

Re: MIKE770 v Capital One

Not necessarily illegal Mike, but until they supply you with the actual CCA completely unenforceable.

[MIKE770]

Re: MIKE770 v Capital One

Have sent off list of charges to cap one to-day, comes to £1.000+ at 21.1% and included a without prejudice acceptance of £xx already offered and to set against the £1000+ and given 14 days to respond, also to confirm the alleged account has been credited with £xx.:beagle::beagle::beagle::beagle:

[MIKE770]

Re: MIKE770 v Capital One

Not necessarily illegal Mike, but until they supply you with the actual CCA completely unenforceable.

Got myself confused ? next step i.e. letter to send, also as I pay by agreement no interest charges what now? am going out for a walk now try and clear head.:beagle:

[Tools]

Re: MIKE770 v Capital One

Sounds ok to me

[MIKE770]

Re: MIKE770 v Capital One

Attachments :beagle::beagle::beagle::beagle:

CCA


O.K. what is my next move or letter Pls????????:beagle:

>>????????//////

[MIKE770]

Re: MIKE770 v Capital One

bump

[Tools]

Re: MIKE770 v Capital One

Mike, sorry I seem to have lost track of this one, fill in the gaps for me if any.

This started as you reclaiming the charges applied to the account but has now progressed to them supplying a hash job of a CCA that doesnt relate to your account?

What is outstanding on the account and which way do you want to take it? Reclaim charges or CCA unenforceability?

Is the account in arrears or being chased by Cap One?

Apologies if I`ve let this one slip, have been extremely busy at work and not on the forum much.

[MIKE770]

Re: MIKE770 v Capital One

Just to recap, last year had heart attack, employer put me on short time working, problems with income, DG Solicitors did a con on me whilst I was still vulnurable, any way ccj , eventually got Cap one to agree £xx a month reviewed in Jan 201x, they cheated me on phone saying £xx before the actual letter agreeing to £xx arrived, Amount owing £xxxxx now, I submitted last week a claim for £!.000+ minus- £xx offered, the aim to CCA if non enforceable get figure lower to negotiate a settlement at a low rate , as I have limited funds, I tried to post to say what I was sending but seemed to be a delay, so I went ahead and sent acceptance without prejudice and asked for the remainder. CCA is the main course???:beagle:The charges obviously will be credited to the alleged account.

[Tools]

Re: MIKE770 v Capital One

Thanks for the recap Mike.

As the debt already has a CCJ attached to it, it makes things harder trying the UCA route. What exactly was decided in court? Did the judge make a repayment order?

For now continue with the charges reclaim and see where you get. If the £55 was ordered by the court we can see about getting this redetermined at a lower rate.

To be perfectly honest I am not aware of how to treat a UCA once it has reached beyond CCJ stage. Maybe curly or someone knows better.

[MIKE770]

Re: MIKE770 v Capital One

Thanks for the recap Mike.

As the debt already has a CCJ attached to it, it makes things harder trying the UCA route. What exactly was decided in court? Did the judge make a repayment order?

For now continue with the charges reclaim and see where you get. If the £xx was ordered by the court we can see about getting this redetermined at a lower rate.

To be perfectly honest I am not aware of how to treat a UCA once it has reached beyond CCJ stage. Maybe curly or someone knows better.

To clarify better, the CCJ was for HSBC Credit card repayment accepted of £xx per month as offered, I was paying them that amount even before CCJ. tHE CCA and £xx part of content is Capital One agreed after sending I&E for the 2nd time and is not sugbject to any court action, to update.:beagle:

[Tools]

Re: MIKE770 v Capital One

Thanks for that Mike and apologies for getting my wires crossed.

OK, so if the Cap One is not subject to a court judgement and they cannot supply the correct CCA paperwork then you need to work on getting them to agree the debt is unenforceable. You can continue to ask for the charges refunded but IMO this would just be a paperwork exercise and not necessary if you are going down the UCA route.

[MIKE770]

Re: MIKE770 v Capital One

O.K. UCA route as you say the reclaim is just paper exercise, which letter or move next Pls.?????:beagle:

[Tools]

Re: MIKE770 v Capital One

How much is the outstanding balance and how much do the charges come to that you are wanting to reclaim?

[MIKE770]

Re: MIKE770 v Capital One

post on the 26th August has the info needed, :beagle: