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Hi, I’m new to the forums and would like to say how impressive the quality of advice is available here.
I got saddled with some severe debts when I had cancer in 2007 and was unable to work and I’m now on benefits. One of the debts from that time is a Robinson Way (ex Cap 1[2001]) to which I have been making a small monthly contribution.
On 27 May I sent them a cca request for a copy of my agreement. They responded on 3 June saying they had asked Cap 1 for the agreement, and again on 7 July saying they had not yet received it.
Next I received a letter dated 19 July which included a copy of my application form stapled to a set of T&Cs.
The T&Cs had been personalised by making Para 1 read “This Agreement is between * my name and address * and us”.
Para 2 then goes on to define “us” as Cap 1.
They also go on to say that “We will set out and tell you the credit limit for your account” but no credit limit is actually specified within the T&Cs and I believe this would then have been done on the card carrier.
There is also a table that illustrates the current interest rates depending upon the level of credit granted.
I believe the repayment terms are probably adequately covered.
There are no signatures on the T&Cs and nothing to tie them to the application other than the inclusion of my details in Para 1, which must have been done at a later date because the T&C’s included on the back of the application form could not have included that information at that time, and nothing to tie them to a specific date.
The declaration on the Application form, quite commonly, states that “I have read the T&Cs setting out the Agreement with Cap 1and, if my application is accepted, I agree to be bound by these T&Cs….”.
All pretty standard stuff I know, and as far as I can see this does not constitute a compliant cca both in terms of not containing all of the prescribed terms, and by not being properly executed. But what is bothering me is that the apparent “Agreement” on the application form carries the facsimile of a signature on behalf of Cap 1 and I just wander whether they may have any hope of a case.
I would be very pleased to receive some guidance.
I got saddled with some severe debts when I had cancer in 2007 and was unable to work and I’m now on benefits. One of the debts from that time is a Robinson Way (ex Cap 1[2001]) to which I have been making a small monthly contribution.
On 27 May I sent them a cca request for a copy of my agreement. They responded on 3 June saying they had asked Cap 1 for the agreement, and again on 7 July saying they had not yet received it.
Next I received a letter dated 19 July which included a copy of my application form stapled to a set of T&Cs.
The T&Cs had been personalised by making Para 1 read “This Agreement is between * my name and address * and us”.
Para 2 then goes on to define “us” as Cap 1.
They also go on to say that “We will set out and tell you the credit limit for your account” but no credit limit is actually specified within the T&Cs and I believe this would then have been done on the card carrier.
There is also a table that illustrates the current interest rates depending upon the level of credit granted.
I believe the repayment terms are probably adequately covered.
There are no signatures on the T&Cs and nothing to tie them to the application other than the inclusion of my details in Para 1, which must have been done at a later date because the T&C’s included on the back of the application form could not have included that information at that time, and nothing to tie them to a specific date.
The declaration on the Application form, quite commonly, states that “I have read the T&Cs setting out the Agreement with Cap 1and, if my application is accepted, I agree to be bound by these T&Cs….”.
All pretty standard stuff I know, and as far as I can see this does not constitute a compliant cca both in terms of not containing all of the prescribed terms, and by not being properly executed. But what is bothering me is that the apparent “Agreement” on the application form carries the facsimile of a signature on behalf of Cap 1 and I just wander whether they may have any hope of a case.
I would be very pleased to receive some guidance.
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