Cabot - No CCA for old cap1 card - but they say i must pay anyway?

[debpayne]

Hello,

 

I am about to send my dpa off to capital one but I closed the account about a year and a half ago and no longer have my account number...Will this still be ok as long as they have my name and address?

 

Many thanks

 

Deb

[barracad]

Yes.

 

You are requesting information held about you, and you are a person not a number.

[debpayne]

Many thanks for such a prompt reply, I'll get on the case immediately.

 

Thank you

 

Deb

[debpayne]

Hello all and good luck to everyone with your claims.

 

I'm getting a bit worried as I have sent a prelim and now LBA to Cap One for my account which has been closed for about a year and ne for my husbands which is well ove limit now due to charges. (in seperate envelopes). I haven't heard anything at all, not even acknowledgement of letters! But reading through other posts Cap One seem to be responding quite quickly. Has anyone else had the silent treatment from them or is it just my deodorant??

 

Many thanks

 

Deb

[KAB]

HI Deb

 

I'm in the same situation as you, havn't heard anything from Capital one either! mabye they are hoping we will just go away

[seashell]

I also haven't heard anything from them they sent me all of my statements within four days of me asking for them and they didn't ask me for £10.00 for them I don't owe capital one anything but they owe me £906.00

Seashell

[chriswatkins]

I must be using the same deodorant as you Deb because I havent heard anything to my prelim, so tomorrow I will be sending LBA and changing my deodorant lol

[debpayne]

Hi everyone, Hope I'm posting this in the correct place. Have received a letter totally out of the blue this morning from a company called Cabot saying they are taking over our debt from Capital One. Thing is this was cleared off about 5 years ago when my husbands father passed away and left us some money. It was paid and we thought that was the end of it and heard nothing from anyone since.....until this morning. As it's such a long time ago I can't find any details of the payment or actual date! Just assumed it was all over and done with cos it was paid...Please can anyone advise on what we should do? Thank you

 

Deb

[cerberusalert]

Make them prove a debt exists, send them this; http://www.consumeractiongroup.co.uk/forum/content.php?428-General-debt-letter-if-you-know-nothing-of-the-debt

[debpayne]

Thank you, I'll give it a go. Can't understand why we wouldn't have received any other chasing letter in all these years if it did exist!!!

 

Thanks again

 

Deb

[ims21]

Hi Deb

 

sounds like a dca on a typical fishing trip in the hope they strike lucky! I hate these people.

 

Do as previously advised and you can't go far wrong.

 

Good luck

 

ims

[Dial Square]

Hi deb, I'm in the same boat although my alleged debt was sold to them by Citifinancial. I've sent the prove it letter and they have responded saying they are going back to citi for more information. I settled the account with a full and final settlement in 2007 and haven't heard anything since until Cabot chased last month. Have you checked your credit files for this alleged balance?

[debpayne]

Cannot believe it, we heard nothing for ages and then we got another letter a couple of months back, so that's over a year, asking for the money at which point I wrote back asking for proof. Today we receive a response saying that unfortunately they haven't been able to get the information from Capital One yet but they will continue to request the information. They do state that the agreement is "currently unenforceable" but they go on to remind us that we "remain liable to pay any balance outstanding under the credit agreement" and recommend we contact them at our earliest convenience to discuss repayment options. Amazing, so they want us to discuss repayments on a credit agreement that is not enforceable...really???

[dpick]

Ignore them they like to try it on.

 

dpick

[debpayne]

Thank you all for your advice

[debpayne]

Hello,

Please could someone give me some advice.

I requested CCA from Cabot re a debt to Capital One.

 

They have said they have been unable to get the original CCA

and that the account with them shall remain on hold whilst they continue to request the information.

 

They then go onto say that I am still obliged to repay the outstanding balance

and should contact them to set up a repayment arrangement.

 

What should my next action be please, would really appreciate advice.

 

Many thanks

 

Deb

[havinastella]

When was the card taken out?

[debpayne]

I cant remember now but it must have been at least 4-5 years ago

[dx100uk]

get your cra file

see below

that will tell you all you need to know.

 

NO CCA = NO PAY!

 

if pre mid 2007.

 

dx

[postggj]

I am rather confused at the stance being taken when dealing with alleged unenforceable credit agreements and 2007

 

Any credit agreement enacted before April 2007 still has 127 (3) of the CCA 2006.

 

127 (3) deals with prescribed terms on the agreement

 

All that has happened is the last round of court cases removed 127 (3) thanks Basil and Amanda

If a debtor makes a CCA request on a creditor and the creditor fails to comply within the time frame, the account falls into dispute

 

While the creditor is in default of the request, the creditor cannot obtain a CCJ judgement, force a debtor to pay anything, or do a repossession

 

What a creditor can do is issue court proceedings, even though they will get no judgement, report the status of the account to the credit agencies, sell or get an external debt agency to try and collect on the debt

 

To enforce in court, the creditor would still need the original contract or signed agreement. Even if the creditor tried to rely on a reconstructed agreement to enforce, that reconstructed agreement must be an exact duplicate taken from the original or facsimile of the original

 

But unless an individual is skilled in the CCA , IT WILL BE UNWISE TO EVEN THINK OF GOING IN-FRONT OF A JUDGE WITHOUT REPRESENTATION

 

I will not go into Waksman and Carey V HSBC judgements as that will confuse even more

Edited April 19, 2013 by squaddie

[debpayne]

Thank you but I'm still confused as I have seen conflicting advice on the boards regarding this kind of thing. Squaddie are you saying that I should pay something even though they haven;t produced a cca to prevent it going to court? Sorry it's just that I'm going back into hospital soon and I don't want hubby to have to be dealing with phone calls or letters while I'm in.

 

Thanks

 

Deb

[renegadeimp]

They have failed to supply a CCA and they cannot even get a reconstituted agreement. SO now they are trying the morality aspect and saying you still have to pay. Ummm no. As dx said, no CCA = no chance of this going anywhere near a courtroom. The only thing they can do is mark your credit file ( if the original lender had marked it, otherwise they cant), or send letters or phonecalls. Both of which can easily be stopped using harassment letters.

 

In short, they are trying to trick you into paying. Just ignore them, but keep that letter that says they cant get a CCA.

[postggj]

What i am saying is they cannot enforce in court without the original agreement

 

Some will argue that just showing that money was paid into your account will show liability, but that does not settle contractual obligations, that is the agreement between the debtor and creditor

 

By reason of sections 61 and 65(1) of the Act, the agreement is unenforceable without an order of the court, and,if section 127(3) applies, may be wholly unenforceable.

 

If you have sent a CCA request by recorded delivery, and they have not complied within 12 working days, it will be suicide to go to court

 

It is up to you if you want to make payments, that's your choice, they can still ask for payment, but they will be unwise to adopt going legal

 

RENEGADEIMP

 

Beat me to it again

[renegadeimp]

They dont actually need the original agreement if the agreement was taken out post april 2007. They can just come up with a reconstituted one, but most fail with this as they still need the terms and conditions of when the agreement was taken out.

 

Crapquest have already admitted that the CCA doesnt exist and therefore they will find it impossible to reconstitute and agreement, so they are trying the morality card to "persuade" the debtor into paying when there is no legal obligation to do so.

[postggj]

May i ask where it states in the CCA 2010 that a creditor no longer needs the original or a true copy of the original agreement to enforce in court. You know me and regulations, if it is not in the CCA 1974 (as amended) it means squat

 

I AM TALKING OF TAKING ACTION IN THE COURT BY THE CREDITOR, NOT TO SATISFY A SECTION 77-78 REQUEST BY THE DEBTOR