Cumin v Cap One - CCA / Kerobo

[cunim]

I am currently disputing my CCA signed on the15/02/05. The Terms are not signed by me or any representative of the CC company but contain my name and address at the top of the pages. The CCA has a computer bar code readout at the bottom, but the terms are a different form reference V10# on all pages. Kerobo, who I had employed stated that the credit agreement did not comply due to several breaches (7) one mainly due to total charge for credit quoted incorrectly on the agreement itself and breaches the CCA regs 1983.
Question does the inclusion of my name and address connect them with the signed Credit agreement form or does it need to be connected by reference to the form identities which differ - bar code vs V10# ? Terms pages not signed by me.
Appreciate your thoughts as now received today letter from DCA - Cougar Financial Services.

[Amethyst]

Re: Me -v- Cap1

I am currently disputing my CCA signed on the15/02/05. The Terms are not signed by me or any representative of the CC company but contain my name and address at the top of the pages. The CCA has a computer bar code readout at the bottom, but the terms are a different form reference V10# on all pages. Kerobo, who I had employed stated that the credit agreement did not comply due to several breaches (7) one mainly due to total charge for credit quoted incorrectly on the agreement itself and breaches the CCA regs 1983.
Question does the inclusion of my name and address connect them with the signed Credit agreement form or does it need to be connected by reference to the form identities which differ - bar code vs V10# ? Terms pages not signed by me.
Appreciate your thoughts as now received today letter from DCA - Cougar Financial Services.

It would be useful if you could scan in a copy of your agreement. I wouldnt trust what Kerobo have said tbh. Have you a list of all 7 breaches ?

Also have made you a nice new thread of your own

[cunim]

Re: Me -v- Cap1

Here you are, I hope that is clear.

Cheers
CUNIM

[Amethyst]

Re: Cumin v Cap One - CCA / Kerobo

Thanks Do you have a scan of the agreement to which they refer pls ?

[cunim]

Re: Cumin v Cap One - CCA / Kerobo

Yes it is coming, just finger problems and thanks for doing the new thread. Still finding my way around

[cunim]

Re: Cumin v Cap One - CCA / Kerobo

Hopefully these will come through OK.

[cunim]

Re: Cumin v Cap One - CCA / Kerobo

If you want the complete terms there are another six pages.

CUNIM

[Amethyst]

Re: Cumin v Cap One - CCA / Kerobo

Okay it's a credit card agreement and as such there isn't a total charge for credit.I think it just has to have the APR (based on Ł1500 borrowed over a year or something complicated) but I'll check later.

The back of this agreement should look like this > http://i4.photobucket.com/albums/y10...e/ccapage2.jpg so it appears there's a page of the reconstruction missing from the files you uploaded?

[Amethyst]

Re: Cumin v Cap One - CCA / Kerobo

I think its funny their reconstructs run to so many pages, show how dinky the writing is when they squish it on the reverse of these agreements.

Yes all pages would be useful - particuarly the APR ones.

[cunim]

Re: Cumin v Cap One - CCA / Kerobo

Does that mean that Cap1 did not legally comply with the request for the copy of the original agreement?

[Amethyst]

Re: Cumin v Cap One - CCA / Kerobo

No they have, they have sent a photostat of the original sig page, and a reconstruction of the back and I assume supplementary terms.

[cunim]

Re: Cumin v Cap One - CCA / Kerobo

Next two pages just to help they contain page number as scanp2 etc

[Amethyst]

Re: Cumin v Cap One - CCA / Kerobo

ta, I have to go, school run, someone else will stick their head in.

Odd they have quoted the purchase, balance transfer and cash withdrawl rates as being exactly the same

The APR for cash withdrawals is higher than the others cause its takes into account the 1.5% additional fee.

[cunim]

Re: Cumin v Cap One - CCA / Kerobo

These are the last three pages. I reckon that whoever was doing the photocopying didn't check whether there were any recto-verso pages. Later edit. The page missing from the signature page was never sent from CAP1 so it was an incomplete document.

[Amethyst]

Re: Cumin v Cap One - CCA / Kerobo

Its reconstituted the entire T&C's, on the back of the agreement were certain paras of those T&C's - as per the example I posted - so they need to supply those still.

Have you got copies of your first statements on this account to check the interest rates quoted ?


Ref the Charge for Credit

Paragraph 4 of Schedule 6 of the CCAR provides that the agreement must contain, “a term stating the rate of any interest on the credit to be provided under the agreement”. Paragraph 10 of Schedule 1 is to the same effect.