Capital One

[nemesis45]

Re: Capital One

It's a close call seeing as judge must decide on the balance of probabilities if an agreement existed or not.
My opinion is that is is not enforceable, for what it's worth.

nem

[McGinty]

Re: Capital One

Hi Nem-what do you think of the attempt of my signature in the Cap 1 authorisation box? I sent for the SARS docs and all I received was the same copy agreement as posted above-no t&c's whatsoever yet when I asked for a just a copy agreement and sent myŁ1 in they produced a set of terms!

[nemesis45]

Re: Capital One

Hi Nem-what do you think of the attempt of my signature in the Cap 1 authorisation box? I sent for the SARS docs and all I received was the same copy agreement as posted above-no t&c's whatsoever yet when I asked for a just a copy agreement and sent myŁ1 in they produced a set of terms!

I would be very suspicious and would want an explanation as it certainly appears that the form has a forged signature.
There must be two sets of T's & C's those at the start of the agreement and those at closure.

nem

[McGinty]

Re: Capital One

Thanks Nem. Well I have looked the SARS docs and there is absolutely nothing about t&c's in it. If they haven't got the original then they had no right to default it? I think the answer may lie in my first post on the 31st January where I stated I had sent a s.78 and they sent a reconstituted copy with a set or t&c's which may or may not be applicable. I just wonder why they did not send the terms with the SAR docs? I think I need to put a letter together to make them rethink-what would you suggest? Mc

[McGinty]

Re: Capital One

Nem-I know you have said that you don't think this agreement is enforceable and I value your opinion. Is there anyone on her that can say for sure that this credit agreement in not enforceable and how should I respond to Fredrickson who are now putting the pressure on for payment. Thanks, Mc

[Amethyst]

Re: Capital One

You have the original terms, the original agreement, all executed. V8# is the correct set of terms for 2003. Originally they would have been supplied as a booklet .... it says on the credit agreement ' I have read the terms and conditions setting out the agreement I will have with capital one if my application is accepted '..... which indicates the form came with terms and conditions, doesn't state they are overleaf so yes a booklet with the form is likely.

They sent you the original terms ( V8#) and the latest terms ( the Ł12 ones)

[nemesis45]

Re: Capital One

Have you had all the Amethyst has stated Mc.

nem

[Amethyst]

Re: Capital One

Post 18 - 22 t&C's http://www.legalbeagles.info/forums/...501#post518501

[McGinty]

Re: Capital One

Thanks Amethyst, Nemesis-I have had all the docs as Amethyst has stated above. At the moment it looks like they can enforce it? Should it have had a credit limit? What do you think of the signature in the bottom left box that should have been endorsed by Cap1? It appears to be a forgery of my signature.

[McGinty]

Re: Capital One

Any more thoughts on this anyone? What should my next step be? Mc

[nemesis45]

Re: Capital One

Credit Limits are "advised" on issue of a credit card. " We will tell you your credit limit etc". on app form.

From the little I can see of the " signature panel" the one on the left seems similar to the one on the right.
Is there another signature on the left hand side below the alleged " forgery"?

[McGinty]

Re: Capital One

There is some sort of illegible scribble there-don't know what it is Mc

[nemesis45]

Re: Capital One

The two visible " signatures" are alike the left hand one seems to be an attempt to copy the other.

nem

[McGinty]

Re: Capital One

The left hand signature definitely looks like an attempt at forging my signature but for what purpose? The one on the right is definitely mine. I don't know where to go with this now as I have Fredrickson on my back and I need to reply to them. I think their next letter will be the threat of court action.

[Amethyst]

Re: Capital One

Looks like you started to sign in the wrong box to me xx