GinnevervCap1vcabot

[ginnever]

I have received letter from Cabot saying they have tried to contact me on several occasions and it is now vital that I contact them, YEAH.

 

This is the first time that I have received a letter from them re CAP1- as last year I sent several letters to cap 1 - 1st usual

SAR - then asked for removal of charges which amount to over £1,000 - which Mr. Uddy didn't want to. Then requested CCA which I didn't hear a thing until now letter from CABOT.

 

I am sending off the usual CCA request below.

I do not acknowledge ANY debt to your company. I require you to supply the following documentation before I will correspond further on this matter.

 

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within the Consumer Credit Act 1974 (Sections 77-79), - your obligation also extends to providing a statement of account.

 

2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

 

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

 

I enclose a £1 Postal Order in payment of the statutory fee and Data Protection Request.

 

I understand a copy of the credit agreement should be supplied within 12 working days of the receipt of this recorded delivery letter.

 

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

 

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

 

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

 

I look forward to hearing from you in due course.

 

Yours faithfully

Is what I would like to know is can I put somewhere in this letter that the account is in dispute with CAP 1?

 

Cheers in advance.

[Curlyben]

Now remember you can EITHER go for the charges OR the agreement.

 

If the charges are alot more than the outstanding balance then pursue them, otherwise CCA Cabot and make them prove they can enforce the debt.

It is well known that Cap1 "agreements", on the whole, are unenforceable.

[ginnever]

I am going for the agreement as the o/s balance is just slightly more than the charges.

 

However I have just read another post that say when the account is is dispute they canot pass it over to a debt collection agency. Do you think I should include this somewhere in my letter & should I send CAP 1 anything.

[Seahorse]

Certainly send CAP1 a complaint, and make them explain themselves. Then I'd complain about them to the OFT, FOS (ESPECIALLY the FOS), and TS. Clearly they are guilty of wrongdoing, and need to be held to account over this.

 

In the meantime, start the ball rolling and CCA Cabot as CB says in any event. It may turn out that one of the regulatory bodies mentioned will make CAP1 behave, and they'll play ball and start to take you seriously, so you'll be able to forget about Cabot. But just in case, it won't hurt to start in on Cabot at an early stage, even if it does turn out you don't need to bother about them after that.

[rnscotch]

I have just read another post that say when the account is is dispute they canot pass it over to a debt collection agency.

 

Can someone in the know verify this or point out where i can read more on it as i am in a smiler situation with vanquis and would like to quote it when i write a letter of complaint.

[ginnever]

Can someone in the know verify this or point out where i can read more on it as i am in a smiler situation with vanquis and would like to quote it when i write a letter of complaint.

 

 

Can anyone confirm this?

[maroondevo52]

Hi, Ginnever.

 

Here's the OFT guidelines.....

 

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

 

Regards.

 

Scott.

 

[ginnever]

thanks scott for the link ...however I am unable to open the link...any suggestions or other formats...?

[42man]

OFT guidelines on debt collection

 

Examples of unfair practice

 

2.8 k. not ceasing collection activity whilst investigating a reasonably queried or disputed debt.

Hope this helps..