Hi - Any updates at all please will? Mpols x

Hi WW, Hows u? Anything else to report lately? Am trying to conjure a suitable reply to the latest template i got last week after hearing nothing for couple of months - telling me the acc had gone for discussion as to next move (possibillities of all sorts apparrently). We shall see! Heard nada re cap 1 acc that was passed on to em in dis - not since sent complaint to ts Ya never know!! Hope all ok. Mpols x

cheers Fox - Knew there was something nagging but couldn't remember what! Will ave a think & draft something up over the weekend & post it for comments before send me thinks! Night hun Mpolsx ps - Will pm you soon - sooooo need to catch up -My bro home from afghan by the way,( yay) but already training for next tour Anyhooo - Ta v much peeps! sweet dca-less dreams! x

Hi all - Am considering sending them a note, reminding them that they never fulfilled my original request and that the acc is in default. Am not sure, but something Fox mentioned earlier ( a while back or mayb on one of his threads?) about needing any noa recorded or something like that has come to mind as well - Am not really sure where this is headed because im not actually disputing that i owe the money - rather that until they provide the requested info or return to the oc that they do not have the right to collect it! Hmmm! Opinions gratefully received - Mpols x

Good afternoon old friends - has been a while - I hope everyone well! Has been very quiet on the cabot front for few months other than the usual pay us letters until today. Have just received a template letter stating "Your acc has been escaleted to our pre litagation department" from a 'Lindsay Thomas', telling me to contact them (surprise - not) or have the poss of facing a warrant of execution, a charging order, an attachment of earnings order, an order to obtain information or another dca calling. Does this mean they are getting serious at last or is it just another threat do you think? Any advice gratefully received re an appropriate response that i can get off to them (pref better than the few worded one consisting of 4 letter words that i have already concocted ) Many thanks & take care, Mpols x

Morning Peoples. Was right re above. Letter yest. Have started new thread for my dealings with them (so as not to get confused or lost). http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/185098-cap-one-passes-link.html#post1991912 Advice/discussion always gratefully received. Will keep thread updated. Mpols x

Cap One never acknowledged cca request & no contact since cca request made (not even to remind/chase withheld payments) & still nothing till couple days ago with letter from Link. Will send letter below & wait for it to all go round again. Ho Hum. :-| This account that has been passed to You, is in dispute with Capital one bank (Europe) plc. Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998. As Capital one bank (Europe) plc are in default of my Consumer Credit Act request, OFT Collection Guidelines, and have also breached s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE. As we are all aware, while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law. Now I would respectfully suggest that this account is returned to Capital one bank (Europe) plc for resolution of these defaults and breaches, as Link Financial Ltd cannot lawfully pursue any enforcement activities. If Link Financial Ltd chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action. After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines. I hope that this will not be necessary. You have 21 days to reply accordingly which is an acceptable timeframe for an appropriate response. Please note that I shall ONLY communicate in writing. If i have put something wrong pls point it out - am never too confident with the facts. Many thanks to many peeps whose letters i have half-inched! Mpols x

Nice one fox ( pal/chum/pooh face/smelly bum/hunny bun/bob/pete/paul:D) Reads ok from what can tell. edit as suggested above & get it sent! Mpols xx

Thats what i thought as well, but couldnt remember the thread i had seen it in doh! Thankyou DocH! Am hoping can appeal this account somewhere even if is only to have ppi removed as, within a yr of taking loan hubby was made redundant - we rang them and told them of situ (like they say to), agreed lower payments for three months while job interviews etc going on in hope of new wage within that 3 months they moved so quick we didnt have a clue (before we knew of cag doh), They got hubby in court and demanded charging order even tho' we had offered the instalments, they took those as well. Number of descrepancies now that i have been seeing on here. Was in the middle of trying to get set up on payment schemes with all cred at time through DAWN (a cab type agency). Hubby even went all the way to their courthouse, because cab requested it be moved to our local they refused and the solicitor was gobsmacked that he even bothered to turn up. (meant petrol couldnt afford etc etc). Loads more to tell but would mean posting all paperwork etc & will take hrs so wanted to be sure could do something about this first before boring everyone with the details. Am thinking, would like to bring main sum down by removing ppi if poss (& the credit/int charged on it of course), then if poss, would like to reduce or get rid of the instalments we're paying them which at the end of the day were offered voluntarily, yet they still got the c'order regardless now the economy has dropped even more, we are really struggling to make the instalment payment. Just really not sure how to go about starting. Thanks as always, Mpols x Another question i forgot to ask, Have never actually received any final docs from the court regarding the order or findings etc. We only have what my hubby remembers them saying on the day. we have never received any other comms from n'rock, not even a yrly statement to show how much we have paid so far it has been nearly 3 yrs since went to court. Surely we should have received something??? Mpols x

Hi T, My cabot thread is below for if you or your 'missus' wants to have a look to reassure her not to offer anything yet, There is quite a bit there but if she see's the letters they have sent me (& plenty others) then she will realise that they send the same to almost everyone. Quite an insult really. If they haven't provided you with anything other than the application form by now then it's probably general consensus that they are unlikely to in the future either. Keep filing their template letters & DONT speak to them on phone - Usual advice i know but try and post up anything else you receive, there are sooo many lovely peeps on here that will try and help/advise you if they can. Best wishes, Mpols x http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/166869-cabot-aarghhhh.html

Hmmm - They closed our file as well fox (new yrs eve) But haven't stopped processing data as far as i know. Not sure you got anything to lose really, to be honest, if it doesn't work then you can just go back to square one & pee em off a tad longer. Sorry i don't have anything really helpful to advise, am still shockingly bad at retaining the info etc (brain has toooo many tandems going at once). Am pm'ing you. Best wishes, Mpols x

Thankyou Toulose very much indeedy!! Am subbing and will be rechecking all paperwork the next couple of days (Am assumming will apply to all DCA's Not Just Lowells, from what just read?). Will definitely keep their 'in tray' full i would have thought for a while. Many thanks again, Take care, Mpols x

Hey fox, interesting new thread by Toulose, eh! I think i'm def going to be busy firing off some more letters - Reckon maybe you should too - Can't see as it will hurt any - Just a case of getting brains round this new info eh hunny! Hope you been well. Take care, Mpols x

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/166869-cabot-aarghhhh-7.html http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/172388-cap-one-no-agreement.html

Hi WindyWoo, Am just subbing as am in similar position i believe. Cabot have had a Barclay littlewoods cr/cd and now Cap one, (latter passed to them whilst in dis) So far, most with the first they have sent me is signed pre-contractual app form with a load of bumph and with the second, nothing except a blank agreement & current T&C'S. My links below if you interested hun, but was just wondering if you had heard anything else since your last post? Many thanks, Mpols x

Morning all, Just wondering if anyone can see anything wrong with this agreement which might render it unenforecable? Thought i had read something a while back regarding the ppi needing to be outlined seperately as opposed to being set out as here. If there anything else anyone can see is not right also, please say. This might be a bit of a tricky one if is not enforecable (long story) will fill peeps in at later date once know basics of where stand with it. Many many thanks as always, Mpols x im very aware how busy the forums are at the mo, so just going to bump until someone has a few mins. Many thanks Mpols x

Hi peeps, thanks Davey for joining thread. I have already had a think re fos with this as obvious that cap one being naff bout it & cabot not gonna care. Have got to write & inform them that complaint gone to oft already so will prob attach that to cpr letter me thinks. One question (bit thick me,) Do i send to cabot who now have debt or to cap one as o/c who passed debt while in dis or both? & also, should i enclose copy of the complaint that i sent oft? Have never done this kinda thing so not really sure doh! Thanks again. Take care, Mpols x

Cheers for prompt reponse hun - will wait and see what/when they contact him again me thinks. Gotta feeling won't be long! Mpols x PS. Hi guest, Come on in - the water's lovely!

Hi, just a query really - Hubby cca'd Cap one Nov (approx 13 weeks ago) but no response or acknowledgement, so with held payments & fully expected default etc or at least arrears letter, but still been nothing! Just wanted to check whether no response to a simple cca is enough to file complaint with the relevant bodies as presumably cap one in default of request since 8 weeks passed? Should have done something sooner but been working on others doh! Many thanks as always, Mpols x

Hi - Just a quick note - have a feeling may be joining your link fan club before long Hubby had a postcard through the door few days ago with nothing except ; "Please call helen urgently on 0207 793 2690" printed on it & a registered add for link at the bottom. Am assuming his cap one acc may have been passed to them beings as we cca'd them in nov and have not heard a thing so withheld payment the last couple months, but we have not had a noa from cap one or anyone else. On links webbie under 'your questions' they state: "How can my debt be sold to another company without my permission? The debt is known as a "chose in action". As the original lender holds the legal right to collect the debt, they also hold the right to assign their rights to Link Financial. Although the lender does not need your permission to do this, Section 136 of the Law of Property Act 1925 requires, in order for there to be a legal assignment, that notice of assignment should be given in writing. Once we have validated your current address, we will send you our Notice of Assignment letter." Am assummin the whole point of getting him to call (which he won't) is to be able to 'validate' his add so they can send their noa, but i thought the O/C or assignor had to send noa first? Ho hum - Will start new thread if anything else occurs which i'm kinda sure it will Here's to new friends! Many thanks, Mpols x Ps. Ended up being not so quick oops, soreeee x

Hi Will - EXACTLY same wording as i received a while back http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/166869-cabot-aarghhhh-7.html (post #58 page 3) - Nothing personal in it thats diff i don't think other than ref numbers etc - My threads above if it helps? Best wishes, Mpols x

Brill! Thanks for that hun. Will get sent off tomorrow me thinks. Will get a cover note sent to Cabot as well, notifying them of complaint as advised above. Mpols x

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/172388-cap-one-no-agreement-2.html

Am going to send complaints letter similar to one in my other cabot thread (obviously edit some details) but should be ok i think ( i hope) lol x

Hi peeps, Have finally got letter sorted to send to oft will delete personal details & put up see what u think. Also, Is it ok to use the same lettering basically for complaint to fos aswell or is that a diff approach please? Is weird feeling - have never 'officially' complained bout anything before, except maybe the dinnerladies at school doh Thanks as always, Mpols x Enquiries Unit Office of Fair Trading Fleetbank House 2-6 Salisbury Square London, EC4Y 8JX Dear Sir/Madam Consumer Protection from Unfair Trading Regulations 2008 (CPUT) Formal complaint against Capital one bank (Europe) plc and The Cabot financial group…. I am writing to complain under the above CPUT regulations. I have received letters from The Cabot Financial Group (Cabot financial (Eur) ltd) in respect of a purported debt which I understand is governed by the Consumer Credit Act 1974. In accordance with the Consumer Credit Act I asked Capital one bank (Europe) plc to supply me with a true copy of the Consumer Credit agreement. This was in xxxx 2008. They have failed to do so, but did at least acknowledge my request by forwarding me a blank copy of their current terms and conditions. This document clearly failed to satisfy the Consumer Credit Act. Before I had time to respond to their correspondence, I received a letter from a debt collecting agency named Cabot financial (Eur) ltd stating that they had ‘recently bought the account I held with Capital one and that all payments/queries should be made to them’. I gained independent advice and sent Cabot a letter explaining to them that the account they had apparently bought was actually in Dispute and that it should be returned to the original creditor. They Responded initially by agreeing to contact the original creditor to investigate. I then received a letter from them stating that according to the original creditor, (Cap one bank (eur) plc), I had only requested a copy of the terms and conditions relating to that account, which they had sent me, therefore rendering the account apparently enforceable by them and not in dispute. As you can see from the paperwork enclosed this is clearly not true. Although these companies may be entitled to bring a legal action if they so wish, they have not done so and The Cabot financial group appear instead, to have given their final response on the matter, that as far as the original creditor are concerned the account is not in dispute, so the account will not be returned to Capital one bank (eur) plc as requested. I consider that capital one bank (eur) plc are in default of my consumer credit act request, OFT collection guidelines and have also breached s10 data protection act request and that The cabot financial (eur) group are also in the wrong, by not insisting that the account be returned to capital one bank (eur) plc for resolution of these defaults and breaches, and instead insisting that they are legally permitted to enforce collection of monies on the account, as well as processing my information, which again is not permitted whilst the account is in dispute. It is for these reasons that I am sending you this complaint. I enclose examples of the letters from all parties which have been sent and received. I would be grateful if you would acknowledge this letter and let me know what procedures you now intend to follow and what your targets for action are. Yours faithfully