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

[mysticpols06]

Hi Rory, Hope you well! Anyways, Thanks for your post. Am wondering whether should put complaint in but not sure really whether it should be to Cabot for trying to enforce acc or Cap one for selling it on (presumably the latter, as to be honest Cabot haven't got too shirty YET and from what i can tell cap one were in the wrong first of all by passing it on. Also have gone back through paperwork from them & Have got letter from Cap One stating Thanks for request for copy of true executed agreement etc etc under ccact etc, whereas Cabot have stated that i apparently only asked them for copies of t&c's etc. So its obvious (& on paper) that they twisting it to play silly bu*gers etc. Can i ask what you think/would do please? Cheers hun, Mpols x

Edited January 14, 2009 by mysticpols06
My crappy humour lol

[mysticpols06]

Doh - Fair few 'etc's' in that last post - naff english..blame the pixies in my keyboard soreeeee! x

[rory32]

I would actually just make a complaint to the FOS as Cabot have given you their answer - which is "we're not going to do anything". I would also make a complaint to the OFT under the Consumer Protection from Unfair Trading Regulations 2008. I would also inform Cabot that you have done this. Once you have done this they may reconsider their view on the matter.

[mysticpols06]

Thanks Rory - Soz late reply, have been reading reading reading! Soooo many threads!!!

Do i need to have complained officially to Cap One in order to get their 'final response' on the matter before can complain to anyone else? Hadn't done so yet as they passed acc so quickly to Cabot. Or do i ignore Cap One from now on and concentrate on Cabot? If so, samequestion applies please, ie, Do i have to complain to Cabot officially first before can to other bodies? Soz for sounding like complete twerp but have never got this far before. Thanks as always, Mpols x

[silverfox1961]

Hi again,

As I see it, you have a complaint to the FOS against crap1 as they shouldn't have sold it but you should complain first to Crabbybot before you go down the FOS route with them.

I've been wrong a couple of times in the last week(not something I'm used to ) so I'm treading carefully.

Hope you're well

 

fox

[mysticpols06]

Hi peeps, Have finally got letter sorted to send to oft will delete personal details & put up see what u think. Also, Is it ok to use the same lettering basically for complaint to fos aswell or is that a diff approach please? Is weird feeling - have never 'officially' complained bout anything before, except maybe the dinnerladies at school doh

Thanks as always, Mpols x

 

Enquiries Unit

Office of Fair Trading

Fleetbank House

2-6 Salisbury Square

London, EC4Y 8JX

Dear Sir/Madam

Consumer Protection from Unfair Trading Regulations 2008 (CPUT)

Formal complaint against Capital one bank (Europe) plc and The Cabot financial group….

I am writing to complain under the above CPUT regulations. I have received letters from The Cabot Financial Group (Cabot financial (Eur) ltd) in respect of a purported debt which I understand is governed by the Consumer Credit Act 1974.

In accordance with the Consumer Credit Act I asked Capital one bank (Europe) plc to supply me with a true copy of the Consumer Credit agreement. This was in xxxx 2008. They have failed to do so, but did at least acknowledge my request by forwarding me a blank copy of their current terms and conditions. This document clearly failed to satisfy the Consumer Credit Act.

Before I had time to respond to their correspondence, I received a letter from a debt collecting agency named Cabot financial (Eur) ltd stating that they had ‘recently bought the account I held with Capital one and that all payments/queries should be made to them’.

I gained independent advice and sent Cabot a letter explaining to them that the account they had apparently bought was actually in Dispute and that it should be returned to the original creditor. They Responded initially by agreeing to contact the original creditor to investigate. I then received a letter from them stating that according to the original creditor, (Cap one bank (eur) plc), I had only requested a copy of the terms and conditions relating to that account, which they had sent me, therefore rendering the account apparently enforceable by them and not in dispute.

As you can see from the paperwork enclosed this is clearly not true.

Although these companies may be entitled to bring a legal action if they so wish, they have not done so and The Cabot financial group appear instead, to have given their final response on the matter, that as far as the original creditor are concerned the account is not in dispute, so the account will not be returned to Capital one bank (eur) plc as requested.

I consider that capital one bank (eur) plc are in default of my consumer credit act request, OFT collection guidelines and have also breached s10 data protection act request and that The cabot financial (eur) group are also in the wrong, by not insisting that the account be returned to capital one bank (eur) plc for resolution of these defaults and breaches, and instead insisting that they are legally permitted to enforce collection of monies on the account, as well as processing my information, which again is not permitted whilst the account is in dispute.

It is for these reasons that I am sending you this complaint.

I enclose examples of the letters from all parties which have been sent and received.

I would be grateful if you would acknowledge this letter and let me know what procedures you now intend to follow and what your targets for action are.

 

Yours faithfully

 

[rory32]

For the FOS letter I would just take out that you are complaining under the CPUT, as it's the OFT that deal with those regs.

[mysticpols06]

Brill! Thanks for that hun. Will get sent off tomorrow me thinks. Will get a cover note sent to Cabot as well, notifying them of complaint as advised above.

Mpols x

[mysticpols06]

Hi, just a query really - Hubby cca'd Cap one Nov (approx 13 weeks ago) but no response or acknowledgement, so with held payments & fully expected default etc or at least arrears letter, but still been nothing! Just wanted to check whether no response to a simple cca is enough to file complaint with the relevant bodies as presumably cap one in default of request since 8 weeks passed?

Should have done something sooner but been working on others doh!

Many thanks as always,

Mpols x

[cerberusalert]

There is no need to complain whilst they're being quiet, it's when they or one of the pet DCAs start making demands. If you haven't sent the 'In Dispute' letter, send it now if you want. If they haven't supplied your CCA now the chances are that they never will.

 

Account In Dispute

 

Ref:

 

 

 

Dear Sir/Madam

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

 

You have failed to comply with my request, and as such the account entered default on **DATE**.(12+2 days after you sent the CCA request)

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore;

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation. This limit has expired

 

As you are no doubt aware section 77(6) states:

 

If the creditor fails to comply with Subsection (1)(a) He is not entitled , while the default continues, to enforce the agreement.Therefore this account has become unenforceable at law.

 

As you 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. Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends. Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

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.

 

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

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

* You may not pass the account to a third party.

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

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

 

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 therefore request a copy of your official complaints procedure which you are obliged to supply.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

 

Yours faithfully,

[mysticpols06]

Cheers for prompt reponse hun - will wait and see what/when they contact him again me thinks. Gotta feeling won't be long!

Mpols x

PS. Hi guest, Come on in - the water's lovely!

[davey77]

I am surprised the FOS is even considered. Surely that is a wasted exercise when based on a compliant regarding the supply of a Properly Executed Agreement?

 

http://i157.photobucket.com/albums/t42/davey77_2007/FOSHalifax.jpg

http://i157.photobucket.com/albums/t42/davey77_2007/FOSHalifax_0001.jpg

 

CCA'd Halifax March and again in June. 3 DCAs later, paperwork for the CCA received xmas eve (told the 2nd response to CCA was 'lost in transit'). Months to wait for the FOS decision only to be told to get lost.

 

I would say CPR letters would be the next step?

[rory32]

What a pathetic answer from the FOS.

[davey77]

What a pathetic answer from the FOS.

 

I've got three others just like it

[mysticpols06]

Hi peeps, thanks Davey for joining thread. I have already had a think re fos with this as obvious that cap one being naff bout it & cabot not gonna care. Have got to write & inform them that complaint gone to oft already so will prob attach that to cpr letter me thinks. One question (bit thick me,) Do i send to cabot who now have debt or to cap one as o/c who passed debt while in dis or both? & also, should i enclose copy of the complaint that i sent oft? Have never done this kinda thing so not really sure doh! Thanks again. Take care, Mpols x

[davey77]

Personally i would deal with the organ grinder and not the monkey. In other words, the legal owner of the account in question at this point in time. (Ignoring for the moment the account was passed to them while in dispute.)

So the CPR should go to Cabot. I would simply state a complaint has been filed with the OFT under the CPUT Regs. I wouldn't give them any details as to what your complaint contained at this point in time personally. Let them guess.

 

Did you get a Notice of Assignment from Cabot with the 'welcome' letter?

 

I was suspicious of mine which arrived in the same envelope as the welcome letter although it proved to be valid after i wrote (twice) to the OC, Halifax.

 

"Dear Madam,

Would you please confirm that in relation to the above account that Cabot Financial (Europe) Ltd are now the Legal owners of this account and that the recently received Notice of Assignment is therefore valid and authentic.

 

Also therefore, that Halifax Plc have no further rights or governing interests towards the above account.

 

I would appreciate your prompt reply. Thank you."

 

 

No reply, so:

 

"Dear Madam,

Would you please reply to my letter dated 29 Dec 2009 to which I have not yet received a response.

 

If you have replied then you may ignore this letter but if not then I require an answer as the issues pertaining to this account may have to proceed to the County Court for Judgement in due course and I require the information for that purpose. (I enclose my previous correspondence for your reference)."

 

To which the reply was:

http://i157.photobucket.com/albums/t42/davey77_2007/Halifax-1.jpg

 

Thereafter i dealt with Cabot directly as they are deemed to be 'the creditor' for all purposes.

[mysticpols06]

Cap One never acknowledged cca request & no contact since cca request made (not even to remind/chase withheld payments) & still nothing till couple days ago with letter from Link.

Will send letter below & wait for it to all go round again. Ho Hum. :-|

 

This account that has been passed to You, is in dispute with Capital one bank (Europe) plc.

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 Capital one bank (Europe) plc are 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 we are all 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 Capital one bank (Europe) plc for resolution of these defaults and breaches, as Link Financial Ltd cannot lawfully pursue any enforcement activities.

 

If Link Financial Ltd 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.

 

You have 21 days to reply accordingly which is an acceptable timeframe for an appropriate response.

 

Please note that I shall ONLY communicate in writing.

 

If i have put something wrong pls point it out - am never too confident with the facts. Many thanks to many peeps whose letters i have half-inched!

 

Mpols x

Edited February 20, 2009 by mysticpols06

[semyaza]

Although yours currently sounds like it's not at the court stage, I am currently at the situation where the Judge is about to throw mine out of court due to improperly executed Notice of Assignment. Although I was warned that the original creditor could create a new one! It would have to be the original creditor and not Link though.

[loobyloo35]

Sub

[mysticpols06]

Just an update - hiya all

almost 5 months passed & after countless verbal & written requests for payment, to which we sent 2 more versions of the above & also complaints to mp, plus others etc, they have finally sent an acknowledgement of complaint letter & no more calls in a week. wow. hmmmm. wonder what will come next? I don't much like these ones. Any others that we have dealt with so far are almost comical in their predictability but these ones make me feel a tad unnerved if truth be known. Ah well, cest la vie! Hope all are well,

Mpols x

[cerberusalert]

Cap1 are tenacious but now they've realised that you will not back down to them they'll pass the a/c on to an outside DCA.

[mysticpols06]

Evening all, just a quick update to say nothing else been received since sent complaints re the above, although they making up for it with another account (see other thread if interested in a possibly boring read )

Best wishes,

 

Mpols x

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/166869-cabot-aarghhhh.html

Edited August 6, 2009 by mysticpols06
adding link :-)

[alfwithhair]

Crapbot seem to have difficulty in supplying anything you ask for.

I ask for a signed credit agreement

What did I get, some print offs of the internal workings of the account from MBNA.

Although the info therein may be there downfall

[mysticpols06]

Morning all,

Have had letter from mp acknowledging receipt of ours. She had contacted the fsa chief exec, Mr Sants on our behalf who replied telling her that the concerns raised are "in fact not a matter for the FSA but for the OFT" & apparently forwarding copies of this correspondence to them.

We already complained to oft & got the standard reply so we will see if she does too maybe! At least our mp did something fairly quickly (although remains to be seen yet if she was merely passing the buck - we hope not).

No contact from link since their last letter - is tooooo quiet said custard!

Take care all, Mpols x

[mysticpols06]

Received the following - Would very much appreciate any input as to whether this is real/enforceable or not please? It does have hubbys signature & date but seems to be more like an application form than an agreement regardless of what it states at the top of page & also ref no etc have been handwritten on before photocopied even tho' there is a barcode etc there too. hmmm. Please let me know what you think? Many thanks, Mpols x

 

(ps - am not 100% as to whether i have uploaded the images/edited them correctly - please comment if you cant view properly- thanks again) xx