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Missing PT's with Capital One Agreement

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  • Missing PT's with Capital One Agreement

    Good Evening Everyone,

    I am after some advice with regards to reviewing credit agreements as to whether they are enforceable or not.

    I have a debt of £13.6k with Capital One who have sent through my credit agreement which was signed in December 2005. Someone from a previous website stated that there were "missing PT's" and was unenforceable. However, Capital One did state in their response to my CCA request that this was enforceable as I signed the terms and agreement when I signed the contract back in 2005.

    I'm looking to reach an F and F so was hoping to offer 10%.

    Any advice would be much appreciated.

    Thanks Shaun

    Many thanks
    Shaun

    Tags: None

  • #2
    Re: Missing PT's with Capital One Agreement

    Originally posted by shaun196809 View Post
    Good Evening Everyone,

    I am after some advice with regards to reviewing credit agreements as to whether they are enforceable or not.

    I have a debt of £13.6k with Capital One who have sent through my credit agreement which was signed in December 2005. Someone from a previous website stated that there were "missing PT's" and was unenforceable. However, Capital One did state in their response to my CCA request that this was enforceable as I signed the terms and agreement when I signed the contract back in 2005.

    I'm looking to reach an F and F so was hoping to offer 10%.

    Any advice would be much appreciated.

    Thanks Shaun

    Many thanks
    Shaun

    Hi Shaun,

    Welcome to LB

    The question you raised is a difficult one, its difficult for a number of reasons, firstly the question you need to ask yourself is what did you sign when you entered into the contract with Capital One?

    Do you have a copy of that document?

    if no, then what were you basing your unenforcable comments on?

    if you can perhaps let us know then we can try and help you
    I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

    If you need to contact me please email me on Pt@roachpittis.co.uk .

    I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

    You can also follow my blog on consumer credit here.

    Comment


    • #3
      Re: Missing PT's with Capital One Agreement

      Thanks for your response.

      To be honest, as I signed the contract back in 2005, I can't recall what I signed.

      Capital One have sent through a three page agreement with my signature on, from back in 2005. I don't have a copy of the original document though.

      I was told from another website that the agreement was unenforceable because the PT's were missing.

      Hope that helps.

      Comment


      • #4
        Re: Missing PT's with Capital One Agreement

        Originally posted by shaun196809 View Post
        Thanks for your response.

        To be honest, as I signed the contract back in 2005, I can't recall what I signed.

        Capital One have sent through a three page agreement with my signature on, from back in 2005. I don't have a copy of the original document though.

        I was told from another website that the agreement was unenforceable because the PT's were missing.

        Hope that helps.

        So Cap one have sent you the original agreement you signed?

        are you able to post a copy so we can see what people are basing their views of unenforceability on? With personal details removed
        I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

        If you need to contact me please email me on Pt@roachpittis.co.uk .

        I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

        You can also follow my blog on consumer credit here.

        Comment


        • #5
          Re: Missing PT's with Capital One Agreement

          Yes I can - see attached.
          Attached Files
          Last edited by shaun196809; 21st May 2017, 18:29:PM.

          Comment


          • #6
            Re: Missing PT's with Capital One Agreement

            Hi, did you manage to have a look at my Cap One Agreement below?

            Many thanks.

            Comment


            • #7
              Re: Missing PT's with Capital One Agreement

              Originally posted by shaun196809 View Post
              Hi, did you manage to have a look at my Cap One Agreement below?

              Many thanks.
              If thats the document you signed entering into the contract with Cap One then the prescribed terms appear on the face of it to be there, although they must also be accurate

              What reasons were given for the prescribed terms being missing?
              I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

              If you need to contact me please email me on Pt@roachpittis.co.uk .

              I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

              You can also follow my blog on consumer credit here.

              Comment


              • #8
                Re: Missing PT's with Capital One Agreement

                Originally posted by pt2537 View Post
                If thats the document you signed entering into the contract with Cap One then the prescribed terms appear on the face of it to be there, although they must also be accurate

                What reasons were given for the prescribed terms being missing?
                I wasn't given any reasons - just that my credit agreement was unenforceable as it was "missing PT's".

                Comment

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