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

[vint1954]

UPDATE:

 

CCA reply from LINK consisted of cover note stating:" Please find docs you have requested from Link - Any additional queries relating to this doc contact me - Ms J Pearcey"

 

 

'Docs' consist of another copy of what was sent to me previously shown in post #7 - if need to post again please let me know. Still looks like a pre-contractual app form & the only info relating to the account re account numbers etc have been handwritten on. I dunno - Appreciate input.

 

Not 100% as to what to send em in response just yet will think on it.

Also, received acknowledgement from OFT re updating them with supporting evidence they will "Take into account the further information you have helpfully given us as we continue to monitor this traders fitness to hold a credit licence. Thankyou once again for taking the time to write to us".

 

PEOPLE PLEASE YOU MUST COMPLAIN REGUARLY & APPROPRIATELY!!!!!

 

Will be sending to trading standards & everyone else in the next 2 weeks.

 

Comments gratefully received as always, Many thanks, Take care, Mpols x

I think you now need to go back and tell them that it is unenforcable.

 

Just an update to my post earlier in the thread, it is now clear that your signature must actually be after the prescribed terms, so if the prescribed terms are on page 2, so should your signature be there.

[diamondgirl]

"Take into account the further information you have helpfully given us as we continue to monitor this traders fitness to hold a credit licence. Thankyou once again for taking the time to write to us".

 

It's really time that they got their fingers out and sorted the low life out. How much more evidence do they want as to the behaviour of the low life. I've already told them they can have all my paperwork on them and what they tried to do to me. They haven't responded to that however with an election next year perhaps if everyone writes to their MP we might just get somewhere. I'm drafting one at the moment to send off to my local MP even though the low life have left me alone since the case got struck out earlier this year.

 

DG

[Kraken1]

see here - we're collecting complaints:

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/222298-complaints-link-financial.html

 

once we have a good number we have proof that something should be done.

[angry cat]

I think you now need to go back and tell them that it is unenforcable.

 

Just an update to my post earlier in the thread, it is now clear that your signature must actually be after the prescribed terms, so if the prescribed terms are on page 2, so should your signature be there.

 

Agreed Vint!

[angry cat]

see here - we're collecting complaints:

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/222298-complaints-link-financial.html

 

once we have a good number we have proof that something should be done.

 

AC

[mysticpols06]

evening all (morning?)

Letter all out of blue as basic intro, (again) ie, The cabot group has recently bought the acc you held with cap one & we've tried to contact you previously etc etc. Contact us to agree suitable repayment plan or else (basically).

Will copy & fwd to all authorities that original complaints logged with. Might send a no further correspondence until correct docs provided to them as well - get half term out the way & kiddies back to school first me thinks

Take care, Mpols x

[mysticpols06]

Afternoon peeps - It's been a while - Hope everyone keeping well?

 

Have just had our first communications from Link for the 1st time in weeks & weeks in the form of a phonecall - Geez we so lucky, right on top of xmas for all that to start again eh! Am going to send off another freshly printed 'written correspondence only' letter asap. Will keep you all posted. Take care, Mpols x

[silverfox1961]

Hi Mpols. Long time

 

Link must have short term memory problems, Muppets

 

Oh well, just hope Santa brings you a truecall

 

Take care back

 

fox

[mysticpols06]

Morning all - Hey Fox - Been aaaaages i know but soo busy at mo - will defo pm to catch up soon hun - hope u well? Anyways, Just an update to say another call today - asking to speak to hubby for me to say no for the bloke to say his name & from link & diff tel no this time. They utter plebs. No other correspondence etc from them so far. we'll see. Take care all, Mpols x

[mysticpols06]

Good afternoon folks - first correspondence from these in a while concerning this acc - i almost forgot about them!

Letter today offering 30% discount off settlement of full balance if reply in 30 days or possibility of arranging 5 yr repayment plan. Hmmmmm. I'm sure we've heard this all before with the other account they have. Ho Hum!

Take care, Mpols x

[silverfox1961]

HMM!!

 

What's 30% of bu**er all??

 

You could always take them up on their kind offer

[mysticpols06]

Good Morning - hope everyone is well? Update:

Another template last week - you owe blah blah much contact to discuss or we will escalate collections etc.

Is like they gone back to the beginning again from the last few letters - wonder who'll they'll pass me to with this one?

Take care,

Mpols x

[Windywoo]

 

Is like they gone back to the beginning again from the last few letters - wonder who'll they'll pass me to with this one?

 

Take care,

 

Mpols x

 

The next desk - FIRE!!!

[mysticpols06]

Good Morning lovelies - No letter from FIRE or anyone else yet so they not passed it on yet as expected Windy, but DID get a very short letter yest telling me was my "last chance to agree an acceptable repayment plan before this account is sent for pre-litagation", then with the usual paragraph underneath that i need to contact them immediately to discuss account.

I checked back through the file for this one as it's been a while & all i ever received was as in original post, ie blank copy of current T&C. Think i might update complaints i have made with everyone and send CABOT a letter reminding them it is in dispute & that it should be returned to Cap One. Hmmmmm.

Hope everyone ok.

Mpols x

[silverfox1961]

Morning Mpols,

 

Cabot are leaving me alone at the moment No nice letters asking me nicely to ring them or asking me to pay this "legitimate debt" Life is sooo boring

[mysticpols06]

Aaahhhhh Fox - Sorry to see you so disillusioned & at a loss You could always come write letters & fight my corner for me - I have sooooo much to do and not enough time, or maybe if you are feeling forgotten, We could ask fellow caggers to send you postcards hunny!! Hahaha!! Hope you are well. Take care, Mpols x

[mysticpols06]

Morning people & Happy Mummys day, If poss could you please let me know if the letter below is ok to send in your fantabulous opinions!! Many thanks as always, Mpols x

Alex Duncan

CABOT FINANCIAL (European) LTD

PO Box No 241

West Malling,

Kent, ME19 4NA

REF: / Account dispute

　

ATTN: Alex Duncan

Please be reminded that this account is still in serious dispute with the original creditor, Capital One Bank.

You have been repeatedly asked to return it to the original creditor for remedy of breaches they have made and complaints have been registered against you in 2009 because you have ignored my requests.

The lack of a credit agreement renders this account unenforceable as you are aware - this does not mean that the debt has disappeared or been ‘written off’ of course but that whilst no agreement exists, any efforts to enforce collection on this account or process my data in any way are illegal.

You are guilty of both.

Please note that I do not intend to communicate further with you on this matter until such time this account is returned to the original creditor , (in which case it will then be my intention to sue them for their behaviour and any costs already paid to them plus damages for the distress caused), or until my request under the Consumer Credit Act 1974 is fulfilled.

A company as vast and reputable as yours seems, would presumably have a legal department who are aware of any legal statute concerning matters such as these and can advise you accordingly, so It is not necessary for me to do their job and quote any further in this letter, suffice to say that if you attempt to proceed with your most recent threat, that any actions will be professionally and justly defended.

May I take this opportunity to re-iterate my request for you to return this account to the original creditor and cease the processing of my data in any way - Please be informed that the officers currently dealing with the complaints I previously registered (with various professional bodies) have now been updated accordingly- and copies of all correspondence have been forwarded as they requested.

Please note, You are not permitted to contact me unless in writing only.

Many thanks for your time and due diligence in this matter.

Sincerely,

　

　

Edited March 14, 2010 by mysticpols06
forgot to edit out personal info oooops!! :-))

[silverfox1961]

Morning Mpols,

I have put a few thoughts in your post

 

 

Morning people & Happy Mummys day, If poss could you please let me know if the letter below is ok to send in your fantabulous opinions!! Many thanks as always, Mpols x

 

 

 

 

 

Alex Duncan

CABOT FINANCIAL (European) LTD

PO Box No 241

West Malling,

Kent, ME19 4NA

REF: / Account dispute

　

ATTN: Alex Duncan

Please be reminded that this account is still in serious dispute with the original creditor, Capital One Bank.

You have been repeatedly asked to return it to the original creditor for remedy of breaches they have made and complaints have been registered against you in 2009 because you have ignored my requests.

The lack of a credit agreement renders this account unenforceable as you are aware - this does not mean that the(ALLEGED) debt has disappeared or been ‘written off’ of course but that whilst no agreement exists, any efforts to enforce collection on this account or process my data in any way are illegal.(Illegal sounds criminal. I think UNLAWFUL may be better)

You are guilty of both.

Please note that I do not intend to communicate further with you on this matter until such time this account is returned to the original creditor , (in which case it will then be my intention to sue them for their behaviour and any costs already paid to them plus damages for the distress caused), or until my request under the Consumer Credit Act 1974 is fulfilled.

A company as vast and (DIS )reputable as yours seems, would presumably have a legal department who are aware of any legal statute concerning matters such as these and can advise you accordingly, so It is not necessary for me to do their job and quote any further in this letter, suffice to say that if you attempt to proceed with your most recent threat, that any actions will be professionally and justly defended.

May I take this opportunity to re-iterate my request for you to return this account to the original creditor and cease the processing of my data in any way - Please be informed that the officers currently dealing with the complaints I previously registered (with various professional bodies) have now been updated accordingly- and copies of all correspondence have been forwarded as they requested.

Please note, You are not permitted to contact me unless in writing only.

Many thanks for your time and due diligence in this matter.( you suck up )

Sincerely,

　

　

 

Other than the couple of points I made, that is a good letter.

 

I think it's fair to say that Cabot are playing hard ball with debtors and making up the rules as they go along

 

Hope you have a good day.

 

Fox

[silverfox1961]

P.S I have another thread going on behalf of my daughter. If you feel like a laugh, have a look

http://www.consumeractiongroup.co.uk/forum/bear-garden/245406-muck-hall-you-just.html#post2825046

[mysticpols06]

Afternoon - No mention of latest letter that i sent the other week (as above) but template this morn from them stating:

"Your account has now been escalated to out Pre-Litagation department, where a decision will be made accordingly" (Etc Etc Etc)

- Presumably this is the point where they do a property search to see if it is worth taking me to court. I think i had one of these from them for my other Cabot thread - before they sent it to FIRE and then robway? Will double check. Hope everyone is well. Take care, Mpols x

[mysticpols06]

Evening all - Hope everyone well? Basically an update - Received letter today "reminding me that the account is still in default and that if i don't settle the account immediately they will either pass it to external agency for collection or take me to court, If the account meets their litagation process requirements". Hmmm. Still no reply/acknowledgement or mention of the latest letter i sent them (as above). we'll see.

 

Take care all, Mpols x

[mysticpols06]

Morning all - Have received our 1st letter from MORGAN solicitors (as below) and would be verrrry grateful for you all to have a look please - Apparently i am obliged to reply within one month from the date of letter (11/05) or they will begin proceedings with no further warnings etc and looking back on this file last night, I never received any paperwork that was requested at all except as in post#1 (blank current T&C). Letter as follows:

 

"We write on behalf of CABOT FINANCIAL with regards to your acc. In order for you to full understand and appropriately respond to this letter, we are providing you with the following info relating to your acc:

Name of acc holder: Mrs Mpols

Original acc no:...................

Creditor:Cap One

Date debt assigned to Cabot: Nov 08

Current Balance outstanding: ........

A notice of assignment has already been sent to you.

 

Your acc is currently in default. Despite prev correspondence and requests from us, (nope from Cabot not morgan)you have failed to settle this acc. Accordingly the balance is now payable immediately. (Shouldn't i have received a default notice or termination notice from Cabot then? Mind you i never paid them nothing since they got acc as Cap One gave em it whilst it was in dis & since all i ave done is requested they return it to OC!)

 

Should you wish to settle this acc or discuss a payment plan you must contact us either by telephone or by post immediately. We have also incl info about free debt advice organisations, which may be able to assist you in this matter.

 

This is an important letter and you are obliged to respond to this letter by writing to us by virtue of the Practice Direction to the Pre-Action Protocols within the Civil Procedure rules 1998. If we do not receive a response within one month of the date of this letter, legal proceedings will be issued against you without any further notice or warning to you. If you intend to represent yourself in any forthcoming legal proceedings we can provide you with a copy of the Practice Direction upon request. (Need to read up me thinks - what does this bit mean please?)

 

We are obliged to inform you that should you not comply with the Practice Direction, the court has the power to impose sanctions, which may include costs sanctions.

 

Call one of our litagation officers blah blah blah, We look forward to hearing from you." Signed Morgan.

 

Ok, So firstly, could someone please explain to me what this means other than the obvious that they are threatening court action & also if possible advise on what i should respond with please? Has anyone else had one of these templates (presumming of course it IS a template) from them? Nothing else was enclosed but on the back was payment method details, contact details for Morgans and various debt advice group. I def need to read up on bits again - i haven't logged on properly for ages as has been so quiet on the dca front for a few months so need to catch up with all the threads again. Hope everyone well!

Many many thanks as always, Mpols x

[bazaar]

Hi Mpols,

Well now theyve mentioned the practice directions and mentioned court proceedings methinks that would leave them open for a CPR request from you.

But Im sure someone else would explain alternatives.

Obviously a little read up on the CPR rules wouldnt go amiss, especially since the OC failed to provide anything in the first place.

OR its a simple, letter stating that OC has failed, etc.

CPR 31.14 & 16 are relevant

[mysticpols06]

Hiya Baz - Thanks for your prompt reply. Am i assume that this is (officially) Morgan 'letter before claim' do you think? In which case i can probably reply accordingly stating my reasons for dispute and add a request using cpr 31.14/16 etc at the same time? Have sore head from reading all morn doh - taking a break for school runs to get my bubs!! Thanks again. Mpols x

[Windywoo]

Looks as if they are getting even more desperate, mystic - they're hoping that if they threaten you with court, you're going to be daft enough to pay them, well you're not daft, and I wouldn't pay them a penny they haven't proven their entitlement to!!

 

I would do as Baz has said, CPR them, if it doesn't throw up the credit agreement I wouldn't worry too much!

Edited May 19, 2010 by Windywoo
typo