Hi first post here and would really appreciate some help/guidance

Description of the issue

Received a letter from Cabot (DCA) on 10/07/2015 threatening legal action, CCJ, relating to a Capital One Credit Card.

Letter was dated 04/07/2015 giving me 7 days to respond.

Amount being claimed is 4100

Last contact i had regarding this was in 2009 when i disputed the amount as i think it included loads of charges

which i knew nothing about, but never heard anything back so assumed they had written it off.

I've since moved house but

until 10/07/2015 have not received any correspondence from DCA for this debt in the 6 years i've lived at my address

so i assume they are trying it on as any debt would be or about to be Statute barred.

Quite concerned about the CCJ threat though as the letter was quite strongly worded.

After reading some of the debt forums I've sent a "prove it" letter this morning by recorded delivery

but from what i've read about this DCA and their solicitor Restons im inclined to think this will antagonize them and they will go ahead and try for a CCJ anyway.

I have a CCA request prepared to go tomorrow but could use some advice.

Am i doing the right thing?

And if they go for a CCJ how do i defend it?

Appreciate any advice i can get.

Thanks

Wait for their response to the 'prove it letter' first.

And there is no need to waste good money or RD postage, you can simply obtain ''proof of postage'' which is free from the PO counter.

When exactly in 09 did you last have contact/pay towards this?

You're reading way too much into their puerile threat letters, they are simply designed to intimidate and exploit your lack of knowledge surrounding debt collection, nothing more, what they want is to force you to contact them.

When was this agreement first taken out?

Get together the proof that it is SB so you can speak with authority even if this means an sar if there could be some doubt about the actual date.

Hi Thanks for the reply.

As far as i can remember i think any payments would have been about Aug/Sept 2009 - when i was disputing the charges. The card was taken out in 2001/2002 i think certainly no later than 2004 anyway.

bet it doesn't say will anywhere.

shame you sent any kind of reply

that's the idea of these letters

they cleverly word them to get a response

please scan the letter up

following the upload

pers I'd go check you credit file and see if this debt shows

and the poss ring cap1 and ask when the last payment/ use was

dx

Hi thanks for the reply.

SAR goes to DCA or the origial lender? And is it there a standard template i can use?

Well as it was pre 07 they will need the original agreement in court to enforce.

Normally i wouldnt have - Had problems with DCA's before during a bit of a "difficult period" so am a little bit familiar with the types of letter they can send. Managed to settle with previous DCAs though. This one was much stronger than ive seen before. Will post up later today when i get home .

settled with a dca...*cough*..hope you'd cca'd them first!

so by you post unless you are in Scotland

its not SB'd

sar always goes to the OC [Cap1]

Sadly No and No! Aas and still am quite green about this. Although rapidly learning:-)

DCA's are NOT BAILIFFS

they have no such legal powers

dx

Hopefully this is uploaded correctly. Copy of lettter received from DCA

Hope this is ok. Couldnt get the file any smaller

They have stated in writing that they "WILL" take action within seven days. That needs to be treated as a letter before action

You need to send a CCA request like tomorrow as they cannot enforce or litigate while in default of such a request

You need to be asking for a full statement of account as well

What does your credit file say as to when the last payment was made

That's their new format letter read it carefully

Doesn't say they will do court in 7 days

it says the above course of action....

which is they intend to instruct a solicitor to issue court proceedings..

that does not mean the sols will follow that instruction nor recommend its the right action.

dx

CCA them. They wont have the original agreement. They very rarely ever do. Especially on a debt that old, and chock full of charges.

Personally I would send them a cca request headed "I do not acknowledge any debt to yourselves or to anyone you claim to represent "

You seem to be only one to two months from SB

Send the SAR a sap to confirm the facts

Thanks for all the responses. really are appreciated. CCA will go tomorrow morning to be on the safe side and will sort out the SAR as well. Only problem with that is that i have no idea what the CAP1 account number is anymore. Does that matter or can they do this all on the addresses?

CCA has a request for Statement as well as Original agreement.

Ok checked Credit report. Everything looks fine.

Have a look on your credit file when the last payment was made

sar goes to cap1

have you moved since you took it out?

if so read the whole sar

you don't need the account number

as for the CCA request to cabot

quote their ref number

use a BLANK £1PO don't sign anything

dx

Thanks ill sort out the SAR today - Re the CCA: Why a blank PO? wont they just send it back as not correctly filled in?

Need a bit of help with CCA - Which section should i be quoting? All three sectuons 77/78/79? or just s78? - Bit confused!

S.78 if it is just a CC.

Thats great - Thanks

This is what is set to go to them today!

Template removed

(please do not post copy of templates to the thread...they are for members only)

Oops sorry!

They have stated in writing that they "WILL" take action within seven days. That needs to be treated as a letter before action

 

You need to send a CCA request like tomorrow as they cannot enforce or litigate while in default of such a request

 

You need to be asking for a full statement of account as well

 

What does your credit file say as to when the last payment was made

They can start litigation ( in order to avoid the SB problem ) but certainly cannot obtain judgment while the CCA request is outstanding.

The importance and timescale of this means although more expensive, you should send this by a guaranteed next day delivery.