Capital One CCA - dated 2004 and no requirement for a copy of signature?

[malgoode]

I will try to be brief.
Capital One Credit Card - I issued a CCA request with £1. They cashed the £1 and sent me a "reconstituted copy" dated 14th October 2004. It contains two Capital One employees signatures but not mine - just a large arrow pointing to where I should sign.

Their accompanying letter states "there is no requirement under the CCA to provide you with a photocopy of the original signed agreement".

Is this true and if it is now true, is it still true for an agreement over 9 years old?

Capital have since moved this on to Fredrickson who moved it on to Brian Carter who has now moved it back to Fredrickson.

With so many letters arriving within days of each other I now don't know who I should be contacting or whether the agreement is enforceable. Without my signature I can't understand how they can enforce this.I know that it used to be unenforceable without the original signed contract but things may have changed.

Advise would be welcomed. Thanks in advance.

[Streetwise]

Re: Capital One CCA - dated 2004 and no requirement for a copy of signature?

I will try to be brief.
Capital One Credit Card - I issued a CCA request with £1. They cashed the £1 and sent me a "reconstituted copy" dated 14th October 2004. It contains two Capital One employees signatures but not mine - just a large arrow pointing to where I should sign.

Their accompanying letter states "there is no requirement under the CCA to provide you with a photocopy of the original signed agreement".

Is this true and if it is now true, is it still true for an agreement over 9 years old?

Capital have since moved this on to Fredrickson who moved it on to Brian Carter who has now moved it back to Fredrickson.

With so many letters arriving within days of each other I now don't know who I should be contacting or whether the agreement is enforceable. Without my signature I can't understand how they can enforce this.I know that it used to be unenforceable without the original signed contract but things may have changed.

Advise would be welcomed. Thanks in advance.

When did you last make a payment for this card.

[DJM10118]

Re: Capital One CCA - dated 2004 and no requirement for a copy of signature?

This is something I have been dealing with over the last few months and this is how I currently understand it.

Under a s77-79 request then there are provisions for the creditor to supply a recon copy of the original terms at the time of execution

However under s60/61 there needs to be a signed copy for it to be properly executed.

Maybe somebody with more knowledge could confirm.

[DJM10118]

Re: Capital One CCA - dated 2004 and no requirement for a copy of signature?

Here is a letter I was advised to send back to one of my OC as the forms they sent didn't meet s60 - No Apr outlined

I refer to the recent documentation you have supplied, that you allege to be my credit agreement.

It is my position that the agreement fails to include the prescribed terms of the consumer credit act 1974, Section 60 and would therefore be regarded as wholly unenforceable under Section 127(3) of the same act.

This means that should you decide to take court action to enforce the debt, the court would be unable to enforce the agreement.

Note that whilst Section 127(3) was amended to allow the courts to assess such a position, this change was not retrospective, so as my agreement is alleged to have been executed in 1999, it remains wholly unenforceable.

Therefore, as you are precluded from enforcement in a court of law, I hereby state that it is my intention to make no further payments with regard to the alleged debt and request that you cease all communication that attempts to gain payment from me.

[malgoode]

Re: Capital One CCA - dated 2004 and no requirement for a copy of signature?

When did you last make a payment for this card.

Last payment around 6-8 months ago. When I first got into difficulty I wrote to Capital One 3 times asking for interest to be frozen. My letters were ignored other than demands until I issued the CCA which was responded to as described but it appears that they have responded to the CCA and quickly got shot of the account.