Capital One Bank - Car HP

[steersb]

Just been reading through the threads and have found a very interesting point. My Case:

 

I bought a Peugeot with a HP from Capital Bank in 2001. I was quite happily paying this off until i changed jobs and got into financial trouble. Now when i finally got to the point of getting rid of the car i had already entered into agreements with Debt collectors, at one point a guy was turning up to collect £500 at a time to catch up. They helpfully forgot to inform me i could have handed the car back to them if the account was up to date.

Capital sold the car at auction for just over £2k and have sold the remaining debt off to Buchanan Clark and Wells (2K) which i have been paying off a £10 per month. I quite vividly remember asking for a copy of the original agreement before the car was sold but didn't recieve a copy despite numerous requests via telephone (should have written i know). My point is the account is shown on a statement sent to me by capital saying that it is closed and bad debt written off. So does this mean if BCW fail to produce the agreement i can't ask for the debt to be written off as the account is no longer active??

[steersb]

Bump

[steersb]

Ok,

 

I requested the copy of the HP agreement and sent it recorded post along with a cheque for £1, which they have cashed. They have now had the 12 days to default and a further 32 days which expired on monday 5th Feb. Now i presume i can send the letter asking for all the money back since the first default and cancelling the remaining debt?? Is that the case?