Cabot/restons - claimform - old cap1 card 'debt' poss SB'd

[BRIGADIER2JCS]

Not an unreasonable response imo. they are investigating so just wait for their response.

[N_Just789]

Hi Brigadier

Thanks for the quick reply. Fair enough... I am just annoyed with them. If one wants to make an accusation in the first place one should have their evidence before talking and get their dates right. If it was the other way round they would be looking for excuses for court in a flash.

 

Back to the piece of string...

 

Thanks again and will update next year!

Happy Holidays

 

N

[BRIGADIER2JCS]

Hi N,

Best wishes for Christmas & New Year..!

 

Brig.

[N_Just789]

Hi Everyone,

 

Hope you all had a well deserved break!

A very small update... They have written saying they still need more time as still investigating (awaiting info?), but no longer than that 8 weeks from my original letter to them (standard complaints procedure).

I guess that takes it all up to 6th Feb.

Will update again when I hear anything further.

 

Thanks

N

[Desperate Daniella]

Thank you. I hope you had a good break too.

 

Will look forward to the update.

 

DD

[N_Just789]

Hi All,

 

Update.....Unfortunately for me Daniella...it seems I did ,

as I received a letter from them and their proof, so I guess its not statute barred.

 

Apparently their total was made up 2 payments totalling just over £6 but one giro slip for £2.

 

They are also saying that as I wrote a letter to them in 2009,

of which they also enclosed it is 'clear acknowledgement of my liabilty to repay the account'.

 

It is indeed a capital one agreement from 2001.

They have returned my account to their customer operations team

who will now start sending me harassment letters again. .

 

So annoyed with myself!

 

****** Sorry what I got from them is

1 signed giro slip,

a financial difficulty 2009 letter

and some signed thing from CAB.*******

Edited February 7, 2014 by N_Just789
spelling errors

[dx100uk]

I would be sending CAp1 an SAR

get all the statements

 

could there be a period prior to that

whereby you didn't pay for XX yrs?

[N_Just789]

Hi DX

 

No payments before that. However, I thought that originally about the previous disputed ones. I think you are right, I will have to do a SAR.

Would that cover the CCA as well?

 

Also while I send off for the SAR, where would it leave me with Cabot? As I am sure their letter will be making its way to my door very soon.

 

Thanks

N

Edited February 7, 2014 by N_Just789
Needed to add a sentence

[dx100uk]

unknown.

 

at the end of the day

 

its cabot that need to supply you with the cca anyhow.

[N_Just789]

Thanks dx

 

Ok.

Do I send the SAR to Cap 1 or Cabot? Or is it better to send off the SAR to Cap 1 in meantime and when I get letter from Cabot then send off CCA request?

 

Thanks

 

N

[dx100uk]

sar always goes to the OC original creditor

 

if you've not to date - sent crapbot a CCA request

 

sri thought you'd sent one ...

 

dx

[Desperate Daniella]

Hi,

 

Wait to see what they send in response to the CCA request.

 

The early Capital One agreements should not be enforceable.

 

DD

[N_Just789]

Hi All

 

Thanks for all your help.

Have done SAR and CCA requests and will send them out tomorrow as PO is open.

 

Will update once I get something back from them.

 

Thanks once again

N

[N_Just789]

Update

 

Hi Everyone

 

Hope all is well

 

I finally got a letter from Cabot.

 

 

They havent been able to provide me with what I requested so request is continuing and account is on hold.

 

 

Agreement is currently unenforceable, so cannot go to court.

 

 

However, as they have written the letter I am "obliged" to pay it and recommend I contact them.

 

What do I need to do now?

 

Thanks

 

N

[BRIGADIER2JCS]

Ignore the "begging letter", no agreement = no payment.

[Desperate Daniella]

Hi there,

 

Just write:

 

Dear Sirs,

 

Account Number:

 

Thank you for confirming that you do not hold an enforceable agreement for this account.

 

Yours faithfully,

 

That is great news.

 

DD

[N_Just789]

Hi everyone,

 

Thanks for your response Brigadier!!!

Low and behold, today...paperwork turns up.

It contains

- 2 letters from Cabot

- a photocopy of a signed bit of 'application form'

- 12 pages of terms and conditions. 6 'original' agreement and 6 for 'defaulted' agreement

- an excel printout of 'payments' received by cabot.

 

One of the 2 letters states that they are able to enforce and they are able to obtain a CCJ against me the second is a 'statement' of account.

How can I tell if this is an enforceable agreement and what do I need to do now?

 

Thanks

N

Edited April 16, 2014 by N_Just789
spelling error

[N_Just789]

Sorry Daniella... Thanks but I didn't see your post before....and now their paperwork has now turned up!

[dx100uk]

scan them up please

 

**you can post up images/letters by this method immediately..you don't need 10 posts**

.

set your default scan page size to A4 less than 300DPI [150 will do]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc

but leave all monetary figures and dates.

.

************************* ************************* *******

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

************************* ************************* ***********

.

DO IT IN MSPAINT.EXE or any photo editing program

goto one of the many free online pdf converter websites ...

http://freejpgtopdf.com/

http://www.convert-jpg-to-pdf.net/

..

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

or http://www.freepdfconvert.com/

or

use www.pdfmerge.com

 

convert existing PC files to PDF [office has an installable print to PDF option]

..

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

though DONT USE BANK NAMES or CAG in the title

i'e Default notice DD-mm-yyyy

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

...

YOU DONT have to put a link to the attachment in the msg box..just upload it ..job done

.

dx

[N_Just789]

Hi DX

 

Thanks for your reply.

Please find their reply attached as per instructions

 

Thanks

 

N

[citizenB]

You are supposed to received, copies of terms and conditions for both inception and at default or currently. If varied then copies of the varied T & Cs are also supposed to be provided.

 

Did you make those 2 small payments that are shown to have been made in 2009 ?

[N_Just789]

Hi

Thanks for your reply citizenB.

 

With regards to those payments,

 

 

I honestly didn't remember paying them.

 

 

They sent proof of the £2 one from previous correspondence but not for the £4.

 

From the CCA request,

all they sent was uploaded.

 

 

There are 2 copies totaling 12 pages long.

 

 

I only scanned the 1st page of both ('original' and 'defaulted' as didn't want to make the PDF too long.

[Desperate Daniella]

Hi,

 

I have always maintained that Capital One will never let anyone see the whole application form because it won't have the prescribed terms on it.

 

For now write to Cabot and say that all they have sent you is a copy of a signature box and there is no connection between this and the other papers they have sent you.

 

Say that by the big arrow it tells you to return this full page agreement and it is this that you require them to send you, not just a copy of the signature box.

 

We can write again when they reply to that.

 

DD

[citizenB]

Hi,

 

I have always maintained that Capital One will never let anyone see the whole application form because it won't have the prescribed terms on it.

 

For now write to Cabot and say that all they have sent you is a copy of a signature box and there is no connection between this and the other papers they have sent you.

 

Say that by the big arrow it tells you to return this full page agreement and it is this that you require them to send you, not just a copy of the signature box.??

 

We can write again when they reply to that.

 

DD

 

I agree with this - I find it really quite bizarre that the only part of the so called agreement they keep is the signature box

[Desperate Daniella]

I'm absolutely certain that if they ever produced the whole thing they'd shoot themselves in the foot which is why they won't do it.

 

When they reply to the first question we can move on to the next ones!