OHs CAP ONEcard - Can i complain re no cca response/acknowledgement?

[mysticpols06]

Evening all,

 

CCA'd cap one 7/11/08

Letter dated 13/11 08 not received til (25/11/08) stating:

" You requested copies of the executed credit agreement and a statement of your acc under S78 of the CCA'74. Please find enclosed a copy of the current T&C's of your agreement, in compliance with S78. You requested a copy of the default notice we issued on your account. Under S78 we are not required to provide a copy of the default notice and statement of default. However we can confirm that a statement of default was issued on 1st Sept 08.

The status of your acc as at the date of this letter is currently defaulted.

Your current outstanding balance is xxxxx. As you're on a payment plan the next payment due to your acc is xxxx. This needs to reach your acc by 17/12/08. If you need further assistance contact blah blah yada blah.I trust this will help with your enquiries."

(enclosed was the following)

"Terms of your cap one cr'cd agreement. Thankyou for your recent request. Please see overleaf for the current Terms of your agreement with us. For the rest of your t&c's please see the leaflet encl. Etc etc"

(Overleaf was blank copy of agreement & tri-fold leaflet was also enclosed).

 

Basically i did not acknowledge this letter as it is almost identical to others that i have seen posted on here in different threads so i wanted to see if they came up with anything else in the timeframe etc but I DID pay the usual payment on the 28/11/08 (maybe i shouldn't had bothered).

Nothing else received until today when CABOT (hohum) send their usual bumph stating "welcome to cabot - recently bought your cap one acc etc etc - all payments & queries to us - you currently owe (more than stated in last letter from o/c) contact us etc!"

With that is a 'cap one letterhead' stating acc sold to cabot on 25/11/08 etc etc signed (apparently) by Michael Woodburn.

 

Ok - Thanks for your patience peeps - my question is basically what do i do next in your opinions? I could ignore cabot but that would result in calls etc & harrassment as i have had from them with other debts (they currently have one of mine & one of hubbys accs on hold ), or do i send acc in dis to them or even to cap one?

 

As a byword - Cap one have yet to repond at all to hubbys cca request sent exactly same day etc!

 

Many thanks as always,

 

Mpols x

[Goldlady]

They have obviously sold the debt to Cabot as they realise they don't have a CCA. You need to write back to Cabot and either send them a CCA request or send them the account in dispute letter:

 

Here is an old one from Curlyben which is more or less what you need to say:

 

Dear Sir/Madam

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

May I draw you attention to my letter of XX/xx/xx in which I clearly out lined my position concerning this matter. I enclose a copy for your perusal and ease of reference.

**CREDITOR** has failed in my lawful request under the Consumer Credit Act 1974 section 78(1) and subsequent Statutory Instruments.

I formally advise you that since **CREDITOR** has failed to comply with the terms of the Consumer Credit Act that as from **DATE** they are in legal default on this alleged agreement. This default means that the alleged agreement from this date is totally unenforceable. **CREDITOR** may not apply any charges, cannot issue defaults, cannot sell or assign the alleged debt or cannot invoke any clause within the alleged agreement.

Furthermore you should be aware that a creditor is not permitted to take ANY Action against an account whilst it remains in dispute.

The lack of a credit agreement is a very clear dispute and as such the following applies.

* may not demand any payment on the account, nor am I obliged to offer any payment to you.

* may not add further interest or any charges to the account.

* may not pass the account to a third party.

* may not register any information in respect of the account with any credit reference agency.

* may not issue a default notice related to the account.

Therefore this account has become unenforceable at law.

As **CREDITOR** have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

The mere fact that they have passed this account to you while it is in dispute and default is also in breach of the Data Protection Act 1998.

After taking advice, I am of the opinion that your 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 reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets.

I would appreciate your due diligence in this matter.

I await your rapid response.

Yours Faithfully,

[rory32]

Send Cabot the following via recorded delivery

ACCOUNT IN DISPUTE

Dear Sir or Madam,

Account number: XXXX XXXX XXXX XXXX

 

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original creditor/DCA** and has been since DATE.

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 **original creditor** are now 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 you are 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 the **original creditor** for resolution of these defaults and breaches, as **DCA** cannot lawfully pursue any enforcement activities.

 

If **DCA** 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 and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

[mysticpols06]

Hi Goldlady, Thanks for prompt reply & template - is kinda what i thought as well re no cca! Will get this printed up ready for cab' only thing i'm not sure of is the date in which they fall in to legal default? Is it after the 12+2 days of cca request or is it another 30 days after that as i thought i had read somewhere that the extra 30 days had been scrapped now?

Sorry to be pain, but just want to get it right obviously!

Many thanks again

Mpols x

[rory32]

After 12 full working days from receipt of your request they are in default.

[mysticpols06]

Hi Rory (again) Thanks for quick comment - i must have been posting mine at same time lol! Which template of the two is more appropriate please?

Thanks as always,

Mpols x

[rory32]

Neither one is wrong - so just pick one

[mysticpols06]

No disrespect Goldlady but hubby has voted for letter number 2

Thanks for confiming dates also - is one of the things i tend to get confused with doh!

Mpols x

[mysticpols06]

ps Rory - am not allowed to tickle your scales again yet but will keep it in mind to do so!

[Goldlady]

I agree - letter 2 gets my vote too:D

[mysticpols06]

ha ha!

Ok - letter 2 edited & printed ready to go rec' del tommorrow. Lets see what happens next eh!

Thanks again, Goldlady & Rory for your swift support! Will post any response accordingly.

Mpols x

[ScabHunter]

I only wish I had a pound for every time that "bemused" letter has been sent to some two bob DCA who've got hold of an account which was passed on to them while in default of a CCA request.

 

If Curlyben had charged royalties, he could have paid off all the alleged debts of the entire forum by now!

 

Mpols,

 

Make sure you keep that letter on the fake Crap One letterhead. It is a fake notice of assignment. The fact that this alleged debt has not been properly assigned may come in useful one day.

 

Did you, as Crap One claim, get a default notice? If so, have you retained it?

 

SH

[mysticpols06]

Evening SH - Am not 100% sure - have already planned to scoot through paperwork tommorrow once bairns in school/nursery - Had already presumed was fake letter of assignment so will def keep that (Have also got the ones Cab had sent us re' other Acc in other threads).

Thanks for advice.

Mpols x

[mysticpols06]

Hi SH, Had a 'notice of default' from them dated aug 30th because we opted to enter reduced payment plan with them rather than give up paying them at all, so i think it probably is a proper one - will type it up in ful though if you want to see the wording & terms etc, (no scanner so will have to type it this eve).

What amazes us tho' is that Hubby has exact same cr'card (obviously diff amount) with them & his acc has had EXACTLY the same treatment with correspondence & red' payments etc & His was cca'd the same day as mine too (7/11) but not even had an acknowledgement of his request let alone defaults or reassignment etc! I think i will adapt the letter Rory drafted for me in one of my other threads & add the whole acc in dis section, offering them £1 a month until they provide agreement or at least acknowledgement that they are looking etc...Hmmm....

On diff note, Cabot tried ringing me few times last couple days, but nothing last night so am assummin they have received the above letter! Fingers xed eh!

Thanks as always,

Mpols x

[silverfox1961]

Heylo Mpols

This looks like another interesting thread to look at.

 

Do you realise I'm now subscribed to all six of your active threads.

I'm starting to get an inferiority complex as I only have two:(

Mind you when Lowlifes sell on my unenforcable debt, I'll be able start another thread:D

 

take care.

 

fox

[mysticpols06]

Lmao! I'm more than willing to share some of mine fox if u want ha ha! I just thought it was easier for my addled brains if i started a new thread for each dca/cred that i am dealing with rather than trying to put em all the one thread and then getting confused etc! Happy days eh! Take care, Mpols x

[mysticpols06]

Evening peeps - Just a quickie to update that has been a week & no reponse so far! Is sooooo quiet...They don't call, they don't write.....

Hope every1 fine. Take care, Mpols x

[silverfox1961]

Hi Mpols,

Thought you pooter had blown up:D

I'm good, hope you are too.

I'm the same. Another week with no post from cabot. A bit boring but I can live with it. I just want to know one way or tother.

 

Glad to see you're still around.

 

fox x

[bazaar]

I sometimes wonder why I bother subscribing to some threads. These DCA's are no fun at all. I have all this time on my hands and the beggars crawl back under their rocks. Good job its Wednesday and Heroes is on later:D

[loobyloo85]

I hope they do get back to you...a lot of debts get sold on, and it will now be them dealing with everything on Capital One's behalf

[mysticpols06]

Update - Letter stating they contacting Cap one re query. Mpols x

[mysticpols06]

Good afternoon peeps, Had letter from Cabot in response to acc in dis whilst passed on. Reads :

"Cap one has confirmed that there is no dispute or complaint on the acc. You requested a copy of the terms and conds and copies of statements from them and these were sent to you in nov '08. As a result this acc will not be returned to cap one. We trust this clarifies the matter. If you have any queries, please call....."

 

Ok, Firstly i requested copy of agreement & the other paperwork due under the cca, not simply T & C's. When cap one replied they only encl current (blank) copy of T & c's for me. Then i sent Cabot the above acc in dis letter to get this reponse - Any ideas for the next step please? Should i ignore them until they decided to request payments etc or should i send them something else to argue the point or, even, should i send something else to Cap one. Thought about sending cap one note to say am going to complain now re' them passing on acc whilst in dis? hmmm.

Many thanks as always, Mpols x

[silverfox1961]

HI Mpols,

Not a good response is it,

I would be tempted to write to them telling them that as you never received a copy of your agreement, that you consider that the dispute is still valid.

There is another tack you could take:

 

Have a look at this thread.

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html

 

If they truly don't have a copy (as we all know they don't) it will totally scupper them.

 

hope you're otherwise well

 

fox

[mysticpols06]

Evening Fox (& fellow caggers ) Hope every1 well? Thanks for prompt comment. Not sure which way to deal with this one yet....Will take couple days reading the link you sent & some other threads i think to get an idea of best option & see what else peeps advise on thread too. Hope you well as well Thanks as always, Mpols x

[rory32]

As it's you who decides whether or not the account is in dispute Cap One's opinion is of little, if any, relevance in the matter.