UPDATE: Today waiting in the post I had a rather long winded letter from Crakbot along with several sheets of paper they say is my Consumer Credit Agreement, several problems...it is totally unreadable & with glasses I have very good eyes...you'd need to be superman to read it. Theres no signature, no dates, nothing that I can make out that would link it to me, sadly I have no way of uploading this to the computer. Here is Crakbots letter: ******************************************************** Dear Delta-76 Our response to your correspondence I refer to your letter recieved on **th January 2010. I understand that you believe your dispute with Capquest Ltd has not been resolved. Upon reviewing our records, I can confirm that we have contacted Capital one bank (COB) to query your dispute with their agent Capquest, COB have confirmed that the sent you all the relevant information and complied with your request under the Consumer Credit Act 1974 ("CCA") on **th December 2008. In addition, COB has confirmed that a Subject Access Request was not recieved and no further dispute was raised. Notwithstanding the above, please find enclosed a copy of COB response on **th December 2008. With regards to your subject notice under section 10 of the Data Prtection Act 1998 ("DPA"), section 10(1) of the DPA states: "Subject to subsection (2), an individual is entitled at any time by notice in writing to a data controller to require the data controller at the end of such period as is reasonable in the circumstances to cease, or not to begin, processing, or processing for a specified perpose or in a specified manner, any personal data in respect of which he is the data subject, on the ground, for specified reason - (a) the processing of those data or their processing for that purpose or in that manner is causing or is likely to cause substantial damage or substantial distress to him or to another, and (b) that damage or distress is or would be unwarranted" Section 10(2) of the DPA states: "Subsection (1) does not apply (a) in a case where any of the conditions in paragraphs 1 to 4 of Schedule 2 is met, or (b) in such other cases as may be prescribed by the Secretary of State by order." I refer to your attention to paragraphs 1 to 4 of Schedule 2 of the DPA, which states: Conditions Relevant for purpose of the First Principle: Processing of any Personal Data 1. The data subject has given his consent to the processing. 2. The processing is necessary a. For the performance of a contract to which the data subject is a party, or b. For the taking of steps at the request of the data subject with a view of entering a contract 3. The processing is necessary for the compliance with any legal obligation to which the data controller is subject, other than an obligation imposed by contract. 4. The processing in order to protect the viatl interests of the data subject." You shall note from section 10(2) (a) of the DPA, the words "any of the conditions" and paragraph 1 and 2 of Schedule 2 of the DPA are entirely relevant to your case, as you signed a credit agreement which has been assigned by COB to Cabot Financial Limited. I note your reference to section127(3) of the CCA. From the documentation previously provided, there is no question as to the enforceability of your credit agreement. It clearly complies with the requirements of the CCA and the Consumer Credit (Agreements) Regulations 1983, relevant at the time. Should you intend to challenge the enforceabilty of your credit agreement, you must apply to the court to obtain a decleration of unforceability. We would recommend you seek independant legal advice prior to the commencement of any such proceedings. We would also like to highlight that the sole purpose of the CCA is for consumer protection, not to provide a method for the avoidance of a debt, which we believe you are attempting in this matter. I note you refer to the Administration of Justice Act 1970 section 40 in that we are harassing you for a debt. We would respectfully inform you that this section has been amended and furthermore does not apply in your circumstances. I can confirm that we have not committed any offence of harassment under the Administration of Justice Act 1970 or otherwise. We would like to confirm again that we have taken over your account from COB, the original lender and we are responsible for administering your account, including taking payments, answering your queries and reporting information to the Credit Reference Bereaux. As a result, we are seeking your co-operation in settling your financial liabilities. Notwithstanding I can confirm that your telephone number has been temprarily removed from our records. However, I must re-iterate that if we do not recieve your co-operation in paying towards your outstanding balance, we shall reserve the right to re-instate telephone contact. Cabot Financial takes all legal and regulatory responsibilities seriously and abides by industry codes of practice and guidance. We wish to assist our customers to get back on track with their finances and that is why we are contacting you. For the avoidance of doubt, if you decide totake legal proceedings against us, we shall strenuously defend the same and may enter a counterclaim for the full outstanding balance and costs, which we may recover on an indemnity basis. The outstanding balance of this account is £****.**. Therefor, please contact our collections department on 0845 **** *** to arrange a repayment plan. If we do not hear from you within 14 days your account shall be escalated in our collections process. I trust I have set out our position clearly and clarified your concerns. If you have any further queries in relation to the above account, please do not hesitate to contact me on 0845 *** ****. The Customer Assurance department is open from 9am to 5pm Monday to Friday. Yours Sincerely ******************************************************* With this letter came with Cap Ones Response to my CCA request Dec 08 to which I never recieved. The next letter is what looks like T & C's of some description, another page of god knows what..its unreadable and another sheet that looks like its a letter thats is headed 'TERMS OF YOUR CAPITAL ONE CREDIT CARD AGREEMENT', it does have a credit ammount & number but looks more like a letter, this account was taken out in 2004. As far as I'm concerned its not a CCA, not even close. Their letter makes me laugh, what planet are they on? Can someone please advise me on what next to send?

Brains playing games tonight... If they get into a conversation with you, they will bully you, trust me. Sorry fingers working faster than my eyes & brain...lol!

Under no circumstance phone them. If they phone you, put the phone down on them, also keep a log of all calls they make to you. If you get into any conversation with you they will bully you, trust me. They are a very nasty company to deal with, if the calls get to much send the Telephone Harassment Letter. Sit tight they should write to you to tell you what account they are chasing, then when they do, we'll take it from there.

In my experience with them, they sent my alleged debt back to the original creditor, now I have the joy of Cabot chasing me....oh well! If they have sent you no CCA, I personally would file these two letters under ignore for now, it just seems that the left arm doesn't know what the right is doing. I would also raise a complaint with Consumer Direct.

Nice to finally have a face to a name! Cretins! I look forward to the day HFO gets sunk once & for all.

Had a lovely phone call off of Crakbot this morning at 0802, my missus told them to go away with two words ending with off and put the phone down, barely two minutes later they phone again so I took it, I refused to go through security & told them that I will only communicate in writing & that this alledged debt is in dispute with another company, they asked if I had a letter that I was going to send them, I replied yes there is a letter on its way to you, and that they are not to phone me again or visit me as I am logging all calls with a view of making a complaint to TS/OFT etc. So the bemused letter went off recorded today, if they keep phoning they'll get the Telephone Harassment one too! Next stop Consumer Direct.

UPDATE!!! Had a letter from Cabot today advising me that they are collecting an old Capital One Credit Card Account. From memory this account is in dispute with Capquest & has been for about a year now. I know I shouldn't have phoned them but I just could not resist, informing them that thje account is in dispute, they are in breach of CPUTR, OFT Debt Collection Guidelines...after this the cheeky swine asked how I wanted to pay.......I nearly fell off my chair laughing........he didn't like that.....I told him no money will be forthcoming as this account is in dispute with another company due to no CCA! Do I send Crakbot the bemused letter? Advise please.

After reading post 19 again, send the Account In Dispute letter to Capquest, they're the ones chasing you at the moment. Just remember they are not entitled to anything off of you..ie signature, I & E or personal circumstances etc. If they're unsure of your I.D, then they shouldn't even be chasing you as they need to be 100% sure that they have the correct person before sending the first threatogram.

Has the 12+2 working days expired? If yes then send the Account In Dispute letter. As I said earlier in the thread, I CCA'd Capquest Dec 08 & they still haven't graced me with an aknowledgement or a CCA....in short zippo! I did get a number of calls from them for about a month after but sending them the Telephone Harassment Letter & repeatedly not going through security or telling them to Foxtrot Oscar when they phoned, they finally got the message.

Izzy40, yes if the 12+2 days have expired from your CCA request, send Capquest the 'Account In Dispute' letter.

I CCA'd Capquest December 2008 & still nothing.

Cheers B3rty, will do. If they send anything that gives me any clues why they're after me I will let you know. I have no intention of calling them, if they call me....they will get the usual treatment from me.

Hi Izzy40, when did you take the C1 accountr out?

You sent the CCA request to Capquest, I would send the latest letter re: your signature to Capquest. Also stop talking to any of them over the phone, they will tell you any old c**p over the phone, keep/insist on all correspondence in writing.

Thanks folks. Just out of interest do they collect on behalf of Capital One by any chance?

I recieved a letter from Cabot on Saturday 2nd Jan, which states: ***************************************************** Dear ***** Your Cabot account is overdue We've recently obtained confirmation that you live at the above address. Your account is overdue and we need to talk to you as soon as possible. Contacting Cabot Call us on 0800 *** **** (Minicom 01732 ******) and speak to one of our helpful customer advisors about the options for repaying your account. Our aim is to help customers get their accounts cleared - so contact us now. Your sincerely Sam Wilson Recoveries manager ******************************************************** Firstly I don't have a clue what account they are on about, I don't know who they collect on behalf of. This is the first contact I've had with them, any advise?

I don't think a CCA request is advisable for a mobile phone account. If you want to know what charges there are then you will ned a Subject Access Request or SAR for short, this will cost you £10, send the letter with a Postal Order to the Mobile Phone Company, also don't sign the letter, print your name, also send the SAR by recorded delivery & keep the reciept as proof of post, this will give them 40 days to comply. The SAR letter can be found in the Debt Collection Library. Also don't phone them, they will bully you & lie to you, just to get you to pay up, insist on everything in writing, if they phone just keep saying to them 'everything in writing', or just put the phone down. Remember this a DCA has absolutely no power over you what so ever.

You're welcome. Three things for now: 1: Welcome to CAG 2: Relax & don't worry, you're in good hands on here and finally 3: Happy New Year

Ok. Do as Postggj advises. At the same time it would be of use to request your Consumer Credit Agreement as I said earlier & insist on everything else in writing. Postggj you're right....the two are equally dispicable!

No worries. Rhiper, I would go with Postggj advise as he has more experience than me. Keep everything else in writing. When did you take this Capital One credit card out just out of interest?

Postggj you mean Bryan Carter not Howard Cohen aka Coward?

Like I said earlier don't phone them, keep everything in writing. I've had dealings with Fredricksons/Bryan Carter before. We CCA'd Freds last December, still haven't had anything back except letters threatening this & that, I'm still half expecting dear ol' Bryan to get upto his usual tricks.

When did you take the Credit Card Account out? I'm at a loss as to how they got your OH's bank details other than when he applied for the credit card. Please please please don't ever phone these people....they lie & they will bully you into paying more, insist on everything in writing. I take it these payments are Direct Debits? If so write a letter to your bank asking them to cancel all payments to Bryan Carter/Fredricksons, I would then send them a Consumer Credit Agreement Reguest which will give them 14 working days to comply with, after that you need to send the the account in dispute letter assuming they don't comply with your CCA request, with your CCA request you will need to put a £1 Postal Order with it as this is the fee for a cca request & whatever you do don't sign the letter, print your name. Once the 14 days are up you can legally with hold any payments to them until they provide you with a copy of your agreement. If theres anything I've missed, I'm sure someone with stacks more experience than me will be along to advise accordingly. Hope this is of some help.

I made a complaint to OFT etc, haven't heard a peep since September. When i CCA'd Equidebt & messed about 'investigating' then passing it back to the OC saying they can't find a Consumer Credit AGreement the Advantis chancing their arm...still nothing......., chances are they don't have any paperwork for it what so ever. My OH is still clueless as to what this alleged debt is for, so she is now going on the principle of if they can't prove what this account is she won't pay them.....if they can prove what this account is...ie CCA with all the prescribed terms etc then she will pay what she can afford.....simples!

Look at the EquiDebt Question thread. Hope this helps.