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

[N_Just789]

Hi

 

Thanks Daniella and CitizenB for your helpful replies.

 

Been looking through letters I have from Cabot and they are a bit all over the place.

 

One minute they have had the account from ages ago and

the next they have 'brought it recently'.

 

One min they claim I have paid a certain amount,

have a payment plan and

then they come up with something else.

 

Have even received a letter today from them say

"your account is with us and have tried contacting you"

and to call them to set up a payment plan, but hang on.

.they have already claimed I that I had an account from ages ago and a payment plan..

..I don't get them!

 

I do find it all very bizarre and even though I don't know much it still doesnt all fit together right.

 

Will draft a letter to them over the weekend and send it next week.

 

Does the letter have to have anything else in particular in it or am I just outlining those points made by DD?

 

I was a bit worried before, but have started to do some reading on the forums about them...and they are annoying at best!

 

Thank you so much for your help and enjoy the rest of the holiday and lovely weather

 

Will report back when I hear some kind of a reply

 

Kind regards

N

[citizenB]

N-Just.. indeed their letters can be extremely confusing . The idea of them sending letters saying that you have a payment plan, or you havent responded to communication when you have proof that not only did you respond, but sent the letter by tracked post, etc, etc, is a ploy to provoke you into telephoning them. Then.. wham.. once they have you on the telephone they can and do pretty much say what they like and of course there will never be a recording of the call from their end !

 

I would make up a spread sheet with a list of any letters from/to them in date order and a prompt as to what the letter is about. That way you can see what is going on.. or at least have a stab at getting some idea

 

A shame that they have been able to provide proof of one of the payments however, when you say they have provided in proof.. was it absolute proof that YOU personally had made this payment ?

[N_Just789]

Hi everyone

 

Hope all is well and thanks for help and replies so far.

 

 

Apologies for any typos...apart from other things my laptop has had it and using a tablet which is not as easy to use at moment.

 

.the game of letter ping pong continues.

 

 

I did write back to them and then have had word back from them

 

Letter reads...

"...We understand that you have received our recent correspondence,

which you do not think complies with your request under section 77/78 of the CCA 1974.

 

Please be advised the definition of a true copy as prescribed in regulation 3 of the CC

(cancellation notices and copies of documents) regulations 1983 "the regulations")

states what information can be omitted therein.

 

 

Furthermore, case law shows that a "true copy" does not mean an exact copy

however, cabot financial (Europe) limited Cabot have also included the signed credit agreement in addition to the "true copy".

 

 

This goes beyond our normal obligations and the aforementioned definition and as such is more advantageous to you.

 

We trust we have set our position exactly

 

Yours sincerely

 

Customer care department"

 

Errrr...some of me would like to reply and say 'thank you for telling me in a round about way that you don't have it...now get lost'.

 

 

However, the other part doesn't get it.

 

 

Why can't they just provide it?

 

 

Or are they up to something?

 

Thanks

N

Edited May 30, 2014 by N_Just789
Tablet playing up and wanted to add something

[N_Just789]

Sorry....@Citizen B...It was a copy of signed giro that they sent

[N_Just789]

...any further advice??

 

Thanks

N

[dx100uk]

no enforceable CCA

 

a rather debateable couple of giro slips from years ago.

 

and a silly letter written by CAB

 

does not in my eyes equal you owe this debt.

 

you have the SAR statement.

 

prior to the 'giros' in 2009

 

when was the LAST payment by you BEFORE this date.

 

dx

[citizenB]

Sorry....@Citizen B...It was a copy of signed giro that they sent

 

Was it you that signed the giro ?

[N_Just789]

Hi

Thanks dx & CitizenB for your replies...

 

@ dx: have only done a CCA, no SAR.

..No payments made before 2009, they only forwarded one signed giro but saying I made 2.

 

@ Citizen B: yes.

Do I need to do an SAR as well?

 

Thanks

N

[dx100uk]

if you can prove that before the supposed 2009 payments

 

there was a 6yrs gap with no payment

 

the debt was already SB'd when they spoofed you into paying.

 

end of problem.

 

dx

[N_Just789]

Hi dx

 

Thanks for your reply. Sorry but I am a bit confused (embarrassingly so).

There wasn't any payment before then. Would I need to send them a letter? Or an SAR or something?

 

Thanks

N

[BRIGADIER2JCS]

Hi dx

 

Thanks for your reply. Sorry but I am a bit confused (embarrassingly so).

There wasn't any payment before then. Would I need to send them a letter? Or an SAR or something?

 

Thanks

N

 

 

As Capone have sold the debt to Crapbot there is no harm in phoning Capone to find out the date of the last payment and or acknowledgment to the debt.

[dx100uk]

the debt was statute barred Before you got conned

[if you did] into paying in 2009.

 

if you want to do anything you reply to the Crapbot letter

 

stating you have already told them its statute barred

and this was because of a period of non payment from 200x to 2009

 

when they claim these payments were made.

 

end of

 

dx

[Desperate Daniella]

Hi N,

 

I agree with Brig and dx. Phone Capital One and if there are no payments for the six years before the payment made in 2009 it was statute barred and they basically bullied you into making those two payments.

 

DD

[dx100uk]

and NOTHING can unbar a debt

 

once barred always barred.

[N_Just789]

Hi Everyone...

 

An update to this...There were no payments to this before 2009.

 

The giro has my signature on it.

 

There must be something in it

as after a few letters it has been passed onto Marlin

who have now passed it onto Reston Solicitors with the intention to issue a court claim after the 31st.

 

 

This is something I am certain they are going to do, so what can I do now?

 

Thanks

N_Just

[renegadeimp]

If marlin have it, then there is definitley something wrong with the debt.

[dx100uk]

so there was a 6yrs period from 200x to 2009 where no payment was made yes?

 

 

dx

[N_Just789]

Hi

Thanks for the replies...

No its only 2 yrs as Acc op in 2001 and default in 2007.

 

Thanks once again

N_Just

[dx100uk]

why have you not sar'd cap1

you need the statements leading upto 2009

 

 

if its restons/cabot/marlins odds on theres a claimform coming soon

 

 

dx

[N_Just789]

Hi dx

 

I wasn't sure if I needed to as had done CCA.Would that be my next step then?

On the letter it says that I have to direct all future correspondence to them, do I need to send it to them or Cap 1?

 

Thanks

N_Just

[dx100uk]

please can you not just do what has been advised from post one [oct 2013] without continually questioning everything that you are asked to do.

 

 

this has been going on for more than a year now.

 

 

you need to get the info in case reston issues a claimform.

 

 

Proof is what you need not speculation from a fleecing DCA

 

 

dx

[N_Just789]

Hi dx

 

...To be fair I have been trying to do that and I did ask about the SAR when you already assumed I had it in June (posts 58 - 60). However, that question wasn't replied to. I am sorry but I find this all confusing.

 

Do I need to send the SAR to Capone or Restons?

 

Thanks

[dx100uk]

sar always goes to the OC

[N_Just789]

Hi dx...

Thanks for that. Have put request in post today will await their response.

 

Will update further when I hear something more.

Thanks once again and happy holidays!

 

N

[N_Just789]

Hi Everyone,

 

Hope you all had a good holiday.

Update...

As expected...indeed I received a claim form today.

 

 

I also received my postal order back from OC on 8th as they weren't happy with the way I filled it out.

 

 

So complied and sent it back the same day so still waiting for SAR.

 

Have been looking at the PoC but I don't really understand it,

as have had one before,

but looks completely different.

 

 

Should I make a new thread in the forum or can someone help with the defence here?

 

Thanks

N