Cabot/Restons, Capital One card

[Nicnac13]

Hello,this is my first post and I am seekng advice.

 

I received a letter of claim from Restons.

 

Following on from the advice given to others in the same circumstances as me, I sent a CCA request to Cabot and downloaded the PAP reply form, from here and filled it in. I followed the instructions on post 6 on the PAP thread. Well hubby did as I couldn't get to type in pdf format.

 

I have receved a reply from Restons but don't understand why they are askng me to explain on a separate piece of paper. I thought I had?

restons reply 13 04.pdf

[dx100uk]

what did you put in box d in answer to why you dispute the debt?

[Nicnac13]

I put, Cabot Financial has yet to provide any or all of the requred documentation.

[fkofilee]

Do you have a copy of their claim form? or has it not reached that stage and is just a LOC?

[Nicnac13]

I have not received a court form, just a Letter of Claim

[dx100uk]

Umm...

Give us the full history please

Last payment

When taken out

Defaulted date

Dec etc

[Nicnac13]

OK

 

account opened 26/6/2001

account terminated 19/4/2011

defaulted 19/4/2011

last payment 3/7/2012

 

what else do you wish to know?

[dx100uk]

Just restons being pedantic then

 

Let it run

Not too far of SB then

[Nicnac13]

To be honest i though it was SB, until I got my SAR and realised I had made more payments than I had proof of.

[cups]

Make sure you have made those payments. It is not beyond DCAs to show payment being made in order to instigate a claim even though it is SB.

 

If you made payments via your bank then double check statements etc, it could be SB.

 

Don’t take their word for it.

[dx100uk]

From his sar ....not the dca cups

[Nicnac13]

thanks cups.

Initially I thought they were trying it on, as the last statement I have only showed a payment up to end Jan 2012.

Then my SAR arrived yesterday, and it showed payments up till 3/7/12.

 

The debt management company that i was makng these payments through, had at some point got me to sign forms for ppi.

There were so many forms i signed, I honestly had forgotten that.

 

Well it seems, according to the SAR, they asked Cap One for a true CCA copy.

They were provided with a reconstituted copy of the agreement and a scanned copy of my signature bit.

 

Is that good for me if they could not provide a true copy?

Or could it be that they just didnt have to provide that company with a true copy?

 

Bit confused over true and reconstituted copies to be honest.

And by the way, i'm female

[dx100uk]

oh god not a fee paying fleecing DMC was it?

and their hate sc@mmed you out of PPI fees too ibet..

 

as you agreement is from 2001 if they want to do court it will have to be a copy of the signed agreement

[Nicnac13]

Yep the dmc were getting more as their fee, than was coming off the debt. As for the ppi, it was no win no fee. So no money lost there!

[dx100uk]

so there was no payment back to you on PPI then?

[Nicnac13]

no, I knew there wouldn't be, but they insisted on checking.

[dx100uk]

ok good!

 

let this run then.

 

dx

[Nicnac13]

To update, I received a letter back from Cabot, 30 April 2018, stating that until they found a true copy they could not take me to court, but i should continue to make payments or set up a payment plan. I did nothing and believe that the account was SB on 3 july 2018 (this year).

 

I have today 3/12/18 received a letter from them stating they now have a true copy.

 

Bit background before we proceed.

I had 2 cards with Capital One, visa and mastercard. The second card was started a year after the first, in june 02. I never received anything from Cabot regarding the second account. They were both defaulted at the same time and the last payment made was the same date as above. Both accounts should be SB july 18, this year.

Looking back at the CCA request latter reply from Cabot dated 30April 2018, we have just noticed that the outstanding balance was £503.18. Not the £1798.89, the balance on the card they were trying to take me to court over. This would be the balance on the 2nd card.

 

Today I have received from Cabot a letter telling me they now have a true copy for the 2nd card. I never sent them a request for this 2nd card (the CCA was for the 1st card)

The copy is the same as the copy I have in the SAR from Capital One.

 

The last payment was made 2or3 July 2012 so now this account is SB? Are they just trying it on?

 

I have attached the reply letter from Cabot 30April 2018 and the letter from today. Do i need to attach the 'true copy' aswell?

cabot 30 4 18.pdf

Let 2.pdf

let 1.pdf

[dx100uk]

no SB'd then

send our SB letter

[Nicnac13]

Is it this one https://www.consumeractiongroup.co.uk/forum/showthread.php?387368-Statute-Barred-Letter-**Update-28th-October-2015**

[dx100uk]

:thumb:

[Nicnac13]

SB letter sent today.