Cabot & Cap1 Debt all charges!

[Notty]

Hello

 

Could anyone help me with my last email please.

[bongobaz]

i have the same thing with cabot!

i have done a cca request and they have defaulted!

so just waiting for the 30 days to come round then the debt is unforceable!

[Notty]

Thanks for the info. I will read up about a CCA not sure what it is or if I can do it if I havent actually paid the £900 yet (£700 of this is charges)

 

Can anyone please help with the other questions?

[andrew1]

Notty, forgive me if I am wrong but it might be that you are not reading or following the threads in full. It is a laborious task and quite time consuming but sometimes you get the jist of what others are experiencing and there's no shortcuts if you are trying to get the best deals. You have had the man himself watching you 'Bankfodder' one of the originals who set this site up and to who we all owe so much and if he says read thats what you do !!

 

The situation with Cabot and the cards the Data Protection Act & CCA requests make it that you can actually take advantage of the inefficiencies of some of the debt collection agencies administration practices, and if you study the Acts and laws of the CCA ( Consumer Credit Act) you can catch them out on their own territory that they are so happy to throw at we punters to horrific effect at times.

 

Cabot have a reputation for bad admin. When they buy these debts they pay 10 or 12% of their face value for them and chase you for the full amount. They are supposed to have the original agreements but invariably don't and if you send in what is known as the CCA letter with a £1 postal order( in the templates library ) you are supposed to be supplied a true copy of it within 12 days otherwise Cabot or the DCA concerned cannot collect the debt without a court order. If it doesn't within 30 days then the debt becomes uninforceable - they can no longer collect it and they have committed a criminal act and need to be reported to Trading Standards for non supply - they can have their license revoked. They can sell it to another dca or they might even try to return it to the card owner, but it is unlikely that would happen especially on a value such as yours.

 

Your case is not dissimilar to my own with Citicards and Cabot I have done the following:

 

I originally fired off a DPA request for statements to both parties. Once I established the charges I wrote to Cabot with a CCA request and stated that the account was in dispute with the card co. ( that holds off any court action by Cabot until the dispute is settled) in that CCA request there is demand for copies of the other douments like a deed of assignment which hands over the debt to the dca. Cabot wrote telling me they received my £1 and allocated it to my repayments ! twits! I did not receive anything during the 12 days and so I sat back and waited for the 30 days to expire, which it just has so I am now going to report them to Trading Standards. I am writing to them to request repayment of the money I have already paid them ( by defaulting on supplying the deed of assignment the effectively are admitting they have no proof of ownership of the debt so the money they have taken off me is wrong so I am asking for it back plus interest to date at 12% because that is the rate they applied to the account when I didn't pay anything in a month + my £10 PDA & £1 CCA.

 

I am also writing to Citicards to request repayment of the charges plus the interest at the contractual rate( the rate they charged me each month for drawing cash rather than purchases).

 

That is the general jist of how it works when dealing with the Debt Collection agencies anyway. I see you have already got it back from the Halifax so well done for that. I hope this helps you with Cabot. Good luck

[Notty]

Thank you for your reply. I have spent more time reading the threads on this board than anything else. I do find it confusing when there is different advice given. If you look at some of the replies I have received you will understand what I am saying. I realise it is all given in good faith but it can get very confusing. I was given the advice to go for the card (Capital One) and not the debt collectors. When I have recently read other threads concerning the debt collection agencies obviously I have asked for advice. I will obvioulsy follow the advice of Bankfodder but was interested in the DCA threads. You do get snippy at times, but I do appreciate your help.

[andrew1]

 

 

Me? Snippy? Notty really! I don't in any way mean to be condesending to anyone. I've learned more from this forum and from people like you than I can ever have dreamed, so I never stop learning and am grateful to so many out there. The problem I find is that it is not always apparent that members like you have been through the whole process and have threads elsewhere so some of the responses are a bit ' knee jerk' so please accept my apologies if I come across like that at times. I just thought from your earlier posting on this thread that you might not have had much to do with DCA's so I expanded a little. I'ts impossible to have the time to read through the whole thread at times so I am guilty of being a bit responsive to the last posting or if I see someone looking for info that I might have had a bit of knowledge about. There are many many people with far better knowledge than me, but I quite enjoy the forum and like you just give what I can hoping it might help. I also talk too much too ! Nothing snippy meant believe me.

 

 

As for Cabot, you are right, there were conflicting responses earlier about the fact that if the debt was now owned by the collection agency they should now be responsible for the charges that occurred. It confused me a bit. But, in the absence of any clear veiw the consensus seem to be that one went for the card company which applied the charges in the first place. If they sold the debt that was their problem. The argument also arose that if the debt hadn't been repaid to the card company by the debtor how could you ask for the monies back you hadn't paid? I gather the answer to be that had they still owned the debt you would have paid.

 

I'm asking for them to be returned anyway, because for all tense and purposes if we had paid the dca the charges would have been included. I am just going for the payments I made to the dca to be returned.

 

Be interesting to hear what others have to say about this.

[Notty]

Okay this is what I am going to do and if anyone thinks I should do it different please would you let me know.

 

I have two card, Capital One and Monument both had £200 on when I first got them. Through whatever reason I found it hard to pay them and because of the piling on of charges, fell into arrears with them. Eventually the sold them on to Newmans and Cabot. I have made arrangements with both DCA and pay them monthly. Both cards are now at £900 (£700 been added in charges by the card orginators not the DCA. I got the DCA to stop adding charges) I have obviously not used the cards for a long time and have more than paid the £200 back on each card. I feel angry that I have to pay the DCA the £900 and will be sending the Capital One & Monument preliminary letters. Both cards have issued defaults against me before they passed them on to the DCA. I realise there is a letter which mentions removing defaults in the LBA for credit cards. But should I:

 

1. Add the bit about wanting the default removed in the preliminary letter too?

2. Also should a S10 be sent with the LBA or wait and see what happens.

3. I assume I do not settle with them if the do not remove the default?

[Notty]

Anyone please? last email?

[andrew1]

Hi Notty, I have just come across this thread which is causing a stir about defaults called 'Default Hell'.

 

http://www.consumeractiongroup.co.uk/forum/legalities/20118-default-hell.html

 

If you have a spare hour I'd read it because it is a revelation regarding getting your credit rating in order and getting rid of defaults and worries about the Credit reference agencies.

 

As for Cabot and the debt, I wouldn't worry too much. Have you sent your DPA SAR requests to the cards and the DCA's yet?

The defaults can be challenged if your account is made up of charges but once you've read the Default Hell thread you'll never worry about defaults again!

 

 

I have sent Cabot 2 CCA requests for copies of original documents etc on 2 accounts and they have not responded yet to either. One has expired through the 30 days so that's gone altogether and the 12 days has already expired on the second and I'm half way through the 30 days on the other so they are not proving particularly efficient admin wise on responding to the CCA requests.

 

Don't settle anything with either of them if the account is made up of all those charges. Wait and challenge them on the charges once you have all the statements analysed. Have you fired off CCA requests and your £1 to the DCA's?

[Notty]

Hi Andrew

 

Thanks for replying, again. I will look at the thread about defaults tomorrow. I have just had a couple of days off work trying to read up on the "how to remove your defaults" thread and I am trying to find out about mortgage redemption penalities, which I have paid an awful lot of during the last few years. I have 3 defaults on my account and they are from these credit cards, if I could get them removed I would have a clean credit rating and could move forward with so many things.

 

I am just sorting out the small claims for my Abbey business a/c. Once that is gone tomorrow I want to give the credit card claim my full attention, but I think as I said to you in a previous thread its has got very confusing about preliminary letters, LBA and then small claims as apposed to CCA and DCA's. I already have all of my old statements so I do know how much and when the charges were applied, all by the card orginators. I am still paying the DCA an agreed amount so that should keep them quite.

[Notty]

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