Capone/cabot v OH (disputed Acc)

[tinkerbell20]

Hi BC,

 

It may be best for them to take this to court.

 

If it's proved enforceable, then the Income & Exp're budget planner should enable you to repay the date at an affordable rate. You'd have a CCJ against you. Have you been Defaulted yet on this a/c.

 

If it's NOT enfoceable, you can repay again at an affordable rate and they can't add interest or penalties.

 

Going back through your thread, I see mention has been made about penalty charges but no action taken to reclaim them. This is something positive you could be doing.

 

Do you have all the required statements.

 

 

If its not enforceable then they can't force you to apy anything. Anything you pay would be classed as a voluntary payment. You may want to consider how much interest you have already paid them because that would in reality be repayment of capital if agreement was unenforceable.

[beachcomber60]

I did S.A.R - (Subject Access Request) them but Statements incomplete which is another 'grip' I have with them. Charges and penalties amount to about only £200 against a balance of about £8,500. Always paid on time until we hit the buffers this year due to a business where we worked going bust, which this lot dont understand - one minute we had a joint income of £75k+, then crashes to around £25k.

 

Mostly, charges/penalties have been added while in dispute, which brings me to ask who has the final word as to whether an account is in dispute, I say they have not resolved a thing but ms renshaw says that she doesnt consider it in dispute.

 

PS. Yes they have defaulted.

Edited November 9, 2008 by beachcomber60
PS added

[beachcomber60]

Forgot to mention, I actually told them to take me to court back in July, they obvious haven't which makes me wonder why.

[havinastella]

Thanks Slick, sorry for going on a bit, really getting depressed feeling as if Iam sinking into quicksands. Their adding more to the debt each month then I'm paying.

 

The only real advice seems to be from this forum.

 

BC, WHY does this bother you??

 

1) You can claim them all back

 

or

 

2) They can't enforce the agreement, so they can add whatever they want.

 

 

Just start charging them £35 everytime you send them a letter, will they pay it? The simple answer is NO, of course they won't, but neither will you.

 

You have been treated no better or no worse than any other CapOne customer, it's the way they work.

 

I haven't read through the whole thread, but you have three choices, take it (edited) for the six years until the debt is Stat barred, this will involve the debt being passed to every pondlife out there. They will not leave you alone and will carry on exactly the same way as they are now.

 

Two, they take you to Court, you defend on the 'Non Enforceable' CCA, you may win, debt written off, or you may lose (Cabot have won a couple recently with the CCA that you have) and the Judge tells you what you have to pay back.

 

Three, work out what your charges are, what the account balance owing is and reclaim your charges. If the charges are more than the balance, you make a few quid and the debt is gone. If the charges do not cover the balance, it'll be a hell of a lot smaller.

 

JOgs

Edited November 14, 2008 by slick132
please keep it clean, thanks

[atwozee]

Two, they take you to Court, you defend on the 'Non Enforceable' CCA, you may win, debt written off, or you may lose (Cabot have won a couple recently with the CCA that you have) and the Judge tells you what you have to pay back.

JOgs

 

Have you got any more info on this - are there any links to threads on here?

[havinastella]

Have you got any more info on this - are there any links to threads on here?

 

Yes, the threads are on here somewhere. My PC crashed and I lost everything I had bookmarked.

 

I think this is one of them

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/95027-cabot-county-court-claim.html?highlight=cabot+threads

 

JOgs

[emmaf01]

Hey BC, reclaiming the charges is good, because they can't argue about the account being in dispute while charges are being reclaimed. Might shut them up over the festive period at least!

 

And it doesn't just knock off the charge but also any interest accrued. At Cap One percentages, that can add up.

 

Stay strong. By showing you will fight, you have already got them on the run. Pity you got a numpty at TS. At the CAB you mostly see general advisors, but they also have debt specialists who you can be referred to and have far more experience and training.

[beachcomber60]

Well in spite of sending a letter to P2C they did send a caller today to speak to me about my account, I refused to discuss it with him, as my neighbours were getting in their car he kept asking if Iam bankrupt or in an iva and if he phoned Capital one would I speak to them, shut the door on him. grabbed my camera and got a photo off his car before getting a copy of letter sent to P2C warning them about door callers then went out opened his car door and told him to read it very carefully.

[emmaf01]

That is well handled, BC. Very coolly done. I'm impressed.

 

They really aren't paying attention to anything you write to them. It's as though they just can't read or something. As for if he phoned Cap1 would you speak to them, how about if he rings and tries to make them listen to you- that would be more use!

[beachcomber60]

Thanks Emma, woz I angry or wot! I was asleep when he rang the bell.

 

Busy coping everything that TS wont in order to investigate, dont feel very hopeful - chocolate teapot springs to mind.

 

Cheek b***ard parked down the road from our house but I still got a good photo of his car plate, should I pass this onto TS mmmmm......... yes me thinks I will although I think I'll be going it alone to court for harrassment while account in dispute.

 

Its absolutely pointless trying to talk to c1 are their gutter life they just dont want to know.

[emmaf01]

Due to a recent cagbotting for saying exactly what my experience of Capital One has been (and I understand CAG has to be careful about what we say)- I cannot fully express in public what I think of Capital One. After all, the fact they have passed my account, which they admit is still in dispute, on to two different DCAs who have harassed me accordingly, may cloud my impressions a touch.

 

I really think they will not listen to reasonable discourse. I only wish they rang me frequently enough for me to take them to task personally! But these days I'm an angry little person who has to get pleasure where I can find it. Its either chocolate or writing angry letters for me...

[slick132]

Hi BC,

 

Well done - I doubt they'll be back in a hurry but if they or anyone else turns up, please stay calm and safe - we don't want to have to bail you out on a charge of GBH to a DCA !!

 

Hi Emma,

 

Hope the anger subsists - at least angry letters and choccy won't get you into trouble.

[emmaf01]

Believe me Slick, I am having to edit my letters heavily and they would still get me into trouble!

[beachcomber60]

done the angry letter bit - permission to move onto choccy now as suggested.

 

One question "why won't they take me to court , after all I have asked them to"?

[slick132]

Hi BC,

 

I guess the answer is they do what they want, when they want to and when they're ready.

 

They behave as if they're accountable to no one but they are, sometimes.

[steven4064]

cap 1 are far more likely to sell the debt on than take you to court.

[emmaf01]

And they will continue to sell it on to their extensive list of DCA monkeys. When one doesn't work and passes it back because the account is in dispute, Cap1 will just sell it on to the next.

 

I'm so glad I stopped paying them- I'd hate to be contributing to the postage on all of these letters...

 

Permission to attack the choccy, BC. You've done the angry letters for the day. I've got bored with the choccy and will be on to the Roast Beef and yorkshire puds next. Some days, even choccy is insufficient.

[beachcomber60]

Hi Emma, Cant eat anymore choccie - feel sick, although roast beef & Yorkshire pud sounds good.

 

Seriously tho' can't see the point of carrying on paying this lot, don't get any statements or the like have no idea how much they are adding in charges each month and don't even know where our payments are going, certainly don't get any acknowledgement regarding payments received.

[beachcomber60]

Completely confused, the opinion seems to be that I have no grounds disputing account as cca complies. I thought if account unlawful charges that also means account is disputed and the OC has to cease collection enforcement under OFT guidelines?

 

Have sent civil procedures letter, as recommended, no reply and time limit now expired - what's next step.

[emmaf01]

If the CCA is enforceable and you want to try another angle- to reduce the balance of the debt by claiming back the unlawful charges- just follow the usual advice.

 

Add up the charges and any interest these charges have incurred, send the prelim letter asking for them back and putting the account into dispute.

 

You have already done the SAR so should have a full list of charges. Have fun. I think I'm onto this next, if yesterday's CCA is enforceable.

[beachcomber60]

Hi Emma, how you feelng now.

 

Seems that cca request has been complied with but is unenforceable unless it goes to court, really confusing.

 

Beachy

[slick132]

Hi BC,

 

After Steven's opinion on the last page, it seems the agreement may be enforceable. Assuming it is, the next step should be to reclaim charges.

 

While you are doing that, the debt should not be pursued, but it probably still will be. It's not right or fair, but thats the way it seems to be.

[beachcomber60]

If that's the case I must be the only one on CAG with an enforceable Crap1 agreement - just my luck, still they can't have what I ain't got.

[havinastella]

IMO It is NOT enforceable, never has been, never will be.

 

It is not enforceable!

 

Jogs

[emmaf01]

Beachcomber, my alleged CCA is EXACTLY the same as yours! So if yours is unenforceable, so is mine.

 

And I have no definite idea or why!