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dave466

Cabot/restons Claim form - old vanquis card debt

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I have received a letter of claim today from restons re: Cabot financial (vanquis credit card).

 

Do I

 

send a* CCA Request*along with the completed form:

 

box D*ticked

 

I dispute this debt because..the debt purchaser has yet to provide any or all of the required documentation.

 

box I*ticked

 

I have requested by way of a* CCA Request*the signed agreement.

 

a complete set of statements detailing exactly how the debt has accrued:

I. All Transactions.

II. any additional charges, be them from the original creditor or the debt purchaser now sending me this form.

III. details of all contractual interest added by whom and on what date.

IV. Payments toward the Agreement

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Yeah I've read that thanks.

 

Now under paragraph 6 of their faq which has all my details etc on about the debt it states

 

6. AM I ENTITLED TO SEE A COPY OF THE ACTUAL AGREEMENT?

 

NO.

 

the letter of claim explains that your liability is for money outstanding under a credit facility arising from a write an agreement you entered into and that a copy of that written agreement can be requested from the creditor.

 

However you are not now entitled to see a copy of any actual agreement you signed ie: the agreement with your signature on it.

 

As an example, under legislation, a creditor, when required to provide a copy of an agreement, is entitled to provide a reconstituted copy- in other words a template of the original.

 

So,if you do request a copy of any agreement please do not expect to a see a document which contains your signature.

The debt under the credit facility exists and remains whether or not you are now provided with a copy of the agreement.

 

We, on behalf of our client, may also advise you a copy of the agreement is not currently available (or any other document referred to in section 4 of the reply form)

 

Is this correct?

 

I thought i was allowed to request an actual copy I had signed?

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Yeah I've read that thanks.

 

Now under paragraph 6 of their faq which has all my details etc on about the debt it states

 

6. AM I ENTITLED TO SEE A COPY OF THE ACTUAL AGREEMENT?

 

NO.

 

the letter of claim explains that your liability is for money outstanding under a credit facility arising from a write an agreement you entered into and that a copy of that written agreement can be requested from the creditor.

 

However you are not now entitled to see a copy of any actual agreement you signed ie: the agreement with your signature on it. As an example, under legislation, a creditor, when required to provide a copy of an agreement, is entitled to provide a reconstituted copy- in other words a template of the original. So,if you do request a copy of any agreement please do not expect to a see a document which contains your signature.

The debt under the credit facility exists and remains whether or not you are now provided with a copy of the agreement. We, on behalf of our client, may also advise you a copy of the agreement is not currently available (or any other document referred to in section 4 of the reply form)

Is this correct?

I thought i was allowed to request an actual copy I had signed?

 

Not sure where the above as come form...its not part of the new Pre Action protocol ?

 

Andy

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Not sure where the above as come form...its not part of the new Pre Action protocol ?

 

Andy

 

It has came from restons mate.

They put it in as a FAQ.

Can I email you a copy of what they've sent once I get home?

Regards.

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Thought as much....must be one of their own additions to pave the way for not being able to disclose the agreement:wink:

 

Prefer you to post it here then all users can see how they are already manipulating the Protocol to suit their inadequacies.

 

You must only use the forms proved in the link DX as posted...not variations drafted by any DCAs or its Solicitors.

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I have added the reply form to that thread and a note not to use the one supplied with the DCA PAP letter

 

dx

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I have added the reply form to that thread and a note not to use the one supplied with the DCA PAP letter

 

dx

 

:thumb:

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Prefer you to post it here then all users can see how they are already manipulating the Protocol to suit their inadequacies.

 

.

thanks. that would be interesting to see.

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restons pap in above post

 

so all they are doing is pointing out that because the agreement is post apr 2007 they don't have to supply the signed agreement.

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Received a letter today from restons acknowledging receipt of my recent correspondence and that they have forwarded my request under the consumer credit act to their client and have put the account on hold until they receive further instructions.

 

Regards.

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Today I have received the following.

Advice please guys.

Many thanks.

Will only let me upload 5 at a time bare with me please.

 

. Can a mod please merge as I always struggle wot h these attachments many thanks.

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Thanks dx but what app is it for mobile phone as I do not have a pc or scanner?

Regards

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