Capone/cabot v OH (disputed Acc)

[sunflower99]

I hope Mrs B forgave you Beachy!

[diddydicky]

so if what they have now sent you is different from what they originally sent you in response to s77/79 (and which they no doubt confirmed WAS a true copy), then they lied! unless you have two agreements

 

so, if the first copy was not a true copy then they have been in default of the CCA all this time so any charges added to your account and any enforcement action, bad credit references etc a]have all been unlawful!!

[beachcomber60]

I survived

 

" You'd never believe how bad the traffic is on the by-pass, been stuck in traffic for ages, we'd better go home a different way"

 

Good job she luvs me

[sunflower99]

Great you got forgiven Beachy!

[beachcomber60]

If anyone has recently had their capone account sold on to Lowells, please have a look here :-

 

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/226293-capital-one-group-fos.html#post2507044

[Hussy786]

Hi all

 

Receved threats from capital one s driscle brothers FPC and demands and calls and told them politely to bug off as their client could not sent me the signed copy of cca and subject access report.

They said they are going back to crapone and let them deal with me.

any thought or advixce will be much appreciated

[sunflower99]

Hi all

 

Receved threats from capital one s driscle brothers FPC and demands and calls and told them politely to bug off as their client could not sent me the signed copy of cca and subject access report.

They said they are going back to crapone and let them deal with me.

any thought or advixce will be much appreciated

Hi Hussy

i would call that victory of sorts! :DThey given up on you and passing you back to crapone,I would wait and see what crapones next move is now you made it clear to them account in dispute:)

[Hussy786]

Hi sunflower

Thank you for encouraging words.

almost exactly samething happend with MBNA .they threatend charging order through a legal firm and then reduced the debit to 3k from 9k if paid in 60 days as final settlement .

Told them cannot afford a penny today they have written me a letter offering all the interest frozen no further charges and set up standing order and pay the amount i wish to pay etc but the ccount will still be classed as default.

If they defaulting me anyway so what is the point of paying them?

any advice on this one will also be highly appreciated .

thanks

[sunflower99]

Hi sunflower

Thank you for encouraging words.

almost exactly samething happend with MBNA .they threatend charging order through a legal firm and then reduced the debit to 3k from 9k if paid in 60 days as final settlement .

Told them cannot afford a penny today they have written me a letter offering all the interest frozen no further charges and set up standing order and pay the amount i wish to pay etc but the ccount will still be classed as default.

If they defaulting me anyway so what is the point of paying them?

any advice on this one will also be highly appreciated .

thanks

Hi Hussy

I never been down that road of settlements or default removal with any DCAS as yet but be very wary of MBNA

[sunflower99]

If you come to any arrnagement with MBNA make sure it is a full and final and the fact that they not willing to remove default may mean it is not a full and final,If it is not a full and final the beggers may settle for something called a partial settlement which means that they will be able to pass on the remainder onto another pond feeder

[sunflower99]

so the crafty beggers may be telling you the truth that they will not chase you for rest of debt but what they do not tell you is that they will reserve right to sell rest of debt onto some other ****:mad:

[sunflower99]

Sorry Beachy

we had better not turn this thread into an mbna thread!

[sunflower99]

Hi Hussy to avoid hijacking Beachy crapital one thread perhaps we ought to carry on posts on my MBNA thread! if you post on my Restons/MBNA thread on http://www.consumeractiongroup.co.uk/forum/legal-issues/199523-restons-mbna-issued-court-27.html we could carry on discussion and help on there as being an MBNA thread it will be more appropriate!

[diddydicky]

Sorry Beachy

we had better not turn this thread into an mbna thread!

 

although it is good to cross the T's and dot the i's- at the end of the day you will find that NO court will entertain a claim subsequent to a Full and final settlement of an account- no matter how many people they try to pass the debt onto

 

the courts know exactly what the phrase means

 

IMO it is best to use the phrase "in full and final settlement of all matters between us" when making/confirming a settlement

[beachcomber60]

Hi all,

 

OH cca'd capone late 2008, got the same toilet paper as me & most others on CAG :-

 

 

One sided, blank on reverse + a seperate 'generic' T&Cs which cannot be linked to the above.

 

Dispute letter sent, and in reply OH got this from ellie R :-

 

 

Next came the dodgy DN followed by the infamous Termination Letter.

 

Passed to Debitas, who got nowhere and passed back across the desk to capone then nothing for 12 months when suddenly cabot sent a letter stating they have bought the debt (exactly the same as some others have encountered with the Leeds Losers i.e. two letters in one envelope).

 

OH sent bemused letter to cabot who have now responded with a copy of C1's letter as above with capone stating that there is no dispute.

 

Cabot now wants OH to telephone immediately to arrange repayment.

 

Beachy

[cerberusalert]

I take it you won't be contributing to the 'Lowlifes in Need' fund then?

[beachcomber60]

I take it you won't be contributing to the 'Lowlifes in Need' fund then?

 

 

I wish it was sold off to the Leeds mob, at least OH would be in good company with other members of the capone fan club.

 

OH seems to have the only c1 account thats gone to cabot.

 

As for mine - its still in capones filing cabinet after CQ dropped it.

 

Beachy

[debt4get]

i wrote and told them if that is the copy they are going to rely on in the event of court action please confirm in writing..

havent heard from them since 10 months ago!!

[diddydicky]

when they say they have sent a "scanned image of the original agreement" what they really mean is that they have sent a COPy of the scanned image of the original agreement (probably on accoount of the fact that they destroyed the original agreement after they scanned it to free up their archives

 

anyhow, back to the point

 

so what you have is NOT a true copy of an original executed agreement, it is a true copy of a copy of an original credit agreement

 

in other words not worth diddly squat

[beachcomber60]

Lastest response from Cabot, any advice greatly appreciated.

 

(Is it time to let them know Capone has recinded the agreement ?)

 

 

[bigandyuk1]

Its another template.. Delaying payment etc. They have been sending me toilet tissue for nearly two years now, I used to feel that it was all aimed at me personally, but now see that they can not come up with anything new and are just regurgitating the same old crap over and over....

[debt4get]

they escalated mine to the pre-litigation dept... asked..begged..them to take me to court...was told...and you'll love this... you dont tell us to take you to court..we decide that!!!

oh, and can we offer you a substational discount of 50%?..no but I will take the substantial 100% discount..they asked me if i was being funny??

[diddydicky]

dear sirs

 

re accountXXXXXXXXXX Unlawfully Rescinded

 

I refer to your letter of XXXXXXXXXX.

 

I have not denied entering into an agreement with XXXXX and which was regulated by The Consumer Credit Act 1974 (The Act) However i make no admission as to the terms, conditions or other provisions of the agreement and the extent to which XXXXX may or may not have complied therewith and the extent to which I may or may not have complied therewith. Further and alternatively, it is denied that the agreement was properly executed and/or is now enforceable in whole or in part.

 

Further if it were to have been the case that a properly executed and legally enforceable credit card agreement did exist, then your client unlawfully rescinded it

 

I am waiting for XXXXX to advise me of the genuine arrears that were due at the time of their unlawful rescission (not including unlawful charges and interest added to the account) so that i can establish what amount, if any having regard to a counter claim for unlawful rescission, may be due to XXXXXXXXx

 

Yours sincerely

 

 

XXX

[beachcomber60]

Thanks DD, nice one

 

Merry Christmas

 

B

[sunflower99]

they escalated mine to the pre-litigation dept... asked..begged..them to take me to court...was told...and you'll love this... you dont tell us to take you to court..we decide that!!!

oh, and can we offer you a substational discount of 50%?..no but I will take the substantial 100% discount..they asked me if i was being funny??

LOL I love it! debt4get! What a great reponse ! Makes Dca baiting even more worthwhile getting gem letters like that!