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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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cap1 card debt


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On 17/8/11 I CCa'd Cabot (I have been paying token monthly £1 payments for over 2 years)

On 22/8/11 I received letter dated 19/8/11 with the follwing:

Thank you for your request for information under the Consumer Credit Act 1974. Cabot currently does not have this information on file. However, we have requested the relevant information under section 77 and/or 78 of the Consumer Credit Act 1974 from the original lender.

Please be advised, we do not accept the statutory fee required under section77 and/or 78 of the Consumer Act 1974 and we have returned the fee for £1 that you sent.

We anticipate that we will be able to provide this information within 12 days. In the event we are unlikely to obtain this information within time limits, we will write to you again.

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They have 12 + 2 days from the date they received the request so you have to wait and see what turns up as they still have time.

 

What was the purpose of the CCA request?

 

Can you give us the history of the debt please?

 

What are you trying to achieve?

 

Regards

 

ims

 

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Thanks for the swift reply.

 

These debts go back over 9 years when I had a lot of credit cards and lost my full time job and the private rented house I lived in.

 

Been reading these wonderful sites and realise I should do something about the few I have left.

I have already sent a Statue Barred letter to Cabot which they closed, on a old Fosters Card.

There are another 6 which I am awaiting replys from my CCa letters of last week.

I had been paying monthly token amounts of £1 to these for some time and two others which I have ignored and will be statue barred by next spring.

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what debts do not show on your cra file should be dumped from any payments

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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means at some point they went sb'ed

 

no debt exists

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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could you explain what is 'they went sb'ed'?

 

Statute Barred

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Hi Everyone,

 

Just a bit more advice please.

 

Sent CCA on 17th Aug with postal order for a pound, started to get back replies.

 

Debt Managers sent letter back dated 23rd Aug:

 

Just standard letter that they have requested a copy of my signed credit agreement and statements and will revert to you once these have been received.

Am I right that they have till the 3rd Sept then it goes to default? Then 30 days for a true credit agreement?

 

Capquest are more interesting.

 

They have sent three letters in separate envelopes. (I sent a harrassment letter as well for their kindly daily phone calls which I refused to answer any security questions.) I was sending a monthly cheque to them for a £1 for over a year and decided to CCA everyone.

 

This is what they wrote:

 

We can confirm that we have requested a copy of the agreement for the above account and this will be forwarded to you when received.

Please find attached a copy of the notice of assignment.

 

They then have attached a thin letter with Capital in top left hand corner. (thought it should be capital one)

 

Dated 20 Dec 06

 

I am writing to inform you that capital one has sold the above account to Capquest Investments ltd.

This means that the effective owners of the above account are now Capquest investments ltd who have appointed one of their group companies, Capquest Debt Recovery ltd to manage your account on their behalf. All contact regarding this account should now be directed to Capquest Debt Recovery ltd.

 

They then give address and give outstanding amount.

They have stopped calling me daily as well.

What do I do about this strange assignment letter which I never received in 06?

 

Many thanks

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It would appear that Credit card companies permit DCAs to use their letter headings in order to advise assignments.

 

You say you never received this Assignment.. Who were you paying monies to in 2006 ?

 

In respect of the CCA requests.

 

The companies are supposed to provide information in respect of the s78 request within 12 + 2 days. However, thanks to Parliament's tinkering with the CCA regs, it is no longer an offence should they not comply.

 

Thanks to a judgment handed down last year, I think.. it has been established that DCAs can pretty do much anything they like by way of persecution by telephone/letter, issuing of Defaut notices, trashing of credit records.. they can even issue a claim against you..... HOWEVER, until they have fulfilled their s78 obligations, they cannot obtain judgment against you. Go figure.

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Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

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1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Many thanks for swift reply,

I was paying Cap One £1 per month up to Sept 2005.

they sent default on 19/11/05

They all these different companies wrote, which I ignored to Capquest time.

NCO 21/12/05

NCO 11/1/06

S C Leatham-Locke 19/1/06

Robinson Way and Com 4/5/06

Buchanan clark +Wells 12/9/06

H L Legal 8/5/09

Started pay £1 monthly to Capquest 22/5/09

Hope this helps

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Are any of the older one likely to

become statute barred, 6 years no payment

or written acknowledgement ?

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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There are two which are S/B, one which Cabot tried to get and I wrote the Statue Barred letter to them, which shut them up.

There are two more which become S/B next April which I have left completely alone.

If after the 12+2 days do I send the default letter and leave them alone to they to become Statue Barred?

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If they havent complied with your s78 request within the time limit, I would leave well alone. Thanks to tinkering of the regulations, there is no breach committed by a creditor if they dont comply so there is no point in pushing it.

 

You might want to have a look at the thread linked below. There is a way of putting the creditor /owner on the spot where they are obliged to confirm under CPUTR if they DO actually have a copy of the agreement or are they winging it.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?307385-CPUTR-2008-questions-and-advice....

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Hi Everyone,

 

Further advice please.

I caa'd all my debts and 3 accts with cabot have returned by postal orders and I received letters saying with look for the cca.

Today I got three letters saying the same thing for 3 different accts.

The time up is on monday and they say that they have requested the information and is experiencing a delay in retrieving the information in the archives They say that they still advise the debt remains due.

They then threaten me with reporting to the Credit Reference Bureaux regarding the status of my debt.

My last two defaults fall off my credit file in november this year.

Should I send the acct in dispute letter to them, I don't think they will find anything as my accts are old.

Your advice would be most welcome as always.

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They can update your file all they want but it will still drop of 6 years after it was added.

 

The debt will still remain but without a CCA it will be unenforcable which will prevent anyone from taking you to court.

 

You can send the dispute letter if you wish but Cabot are masters at letter tennis and will just reply with their generic letter on why they are right and you are wrong.

 

Personally, untill Cabot supply a CCA I would just ignor them. I know this first hand, I have been there with Cabot and wasted many stamps. In the end they went away and I have not heard from them in over a year. (Mine was an Argos card debt)

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