Cabot & Capital One

[sonic007]

I Have Received Letter From Cabot Saying They Have Purchased My Debt From Capital One Also Letter Saying Capital One Have Sold It To Cabot And Are Requesting Payment And All Contact To Cabot. They Have Said They Will Start Reporting Against My Credit File With 60days Of Me Receiving This Letter?

 

I Have Allready Applied To The Courts For My Charges Against Capital One And Received Acknowledgment They Are Intending To Defend The Claim? Can Anybody Advise Me What I Should Do

[Rhia]

Write to Cabot and include a photocopy of your court claim form saying you are in dispute with Cap 1, you do not ackowledge any debt to Cabot and make them aware they should not be trying to collect an alleged debt that is in dispute anyway.

Also tell them that if they persist in pursuing this matter you will take action against them for harrassment.

[Curlyben]

Ignore them completely as you'll get a payout from Cap1 before Crapbot take any action, normally within 3 weeks of court action starting.

Once Cap1 payout send Crapot a copy of the letter that discusses your payout and they should run a mile

 

Either that or let Crapbot take you to court for a debt that no longers exists, there are alot of Cap1 people that this has happened to recently, me included.

[Rhia]

Actually CurlyBen that's a very pleasing idea letteing them take you to court for something that doesn't exist. Yep I think I would do that instead.

[sonic007]

thank you all for your replies, what i carnt understand is why are capital one intending to defend my claim? the only trouble is i still owe them about £550 on my card after the charges have been teken off is this why?

 

sonic

[sonic007]

hello there curlyben

 

have you any other advise reguarding my lastest post?

 

sonic

[Curlyben]

How much are crapbot asking for ?

I assume that they want the FULL amount that's owe including the payout you are due to get.

 

Hmm well for starters I'd CCA cabot to keep them busy untill a better resolution can be found.

After all you want to make sure they are legally allowed to collect on thos debt.

[Rhia]

Capital One has no intention of defending this claim or any other. They are just taking it to the wire probably hoping you will drop it. DOn't. I'll wager you will not see the inside of the court as this will be settled just before the hearing.

[sonic007]

thanks curly ben and ria

 

i,m on the case let you know what becomes of it

[lufc]

Ignore them completely as you'll get a payout from Cap1 before Crapbot take any action, normally within 3 weeks of court action starting.

Once Cap1 payout send Crapot a copy of the letter that discusses your payout and they should run a mile

 

Either that or let Crapbot take you to court for a debt that no longers exists, there are alot of Cap1 people that this has happened to recently, me included.

... so how you work that out debt that no longers exists capital 1 pay charges back but ..the debt crapbot bought still is collectable 4 full amount

[Curlyben]

Crapbot will be chasing an incorrect amount.

If this gets to court it will be thrown out as it plainly wrong

[sonic007]

hi there curlyben

 

are you saying that if cap 1 do pay charges back that cabot can still collect outstanding amount?

[Seahorse]

Only if they can prove they are lawfully entitled to collect on the debt. However, lt's assume they do. Here we go.

 

OC sells debt of (for example) £2000

Cabot Claims you owe £2000, and magically adds on a few extra bits and bobs. Lets say £500. Cabot reckon that you now owe them £2500.

 

You dispute the amount with the original creditor, and eventually you and OC agrre that £1000 is made up of unlawful charges, and the defaulted amount shout REALLY have been £1000.

 

Now they can either pay YOU £1000, leaving you to find the other £1000 to pay Cabot with, along with the grand in your hand that you've just received. Or.

 

They pay Cabot £1000, leaving you to just give Cabot back the corrected figure of £1000.

 

Note that I say on £1000. Because, unless Cabot can convince a judge as to why they are entitled to whack on an extra £500, I'd tell them to go whistle.

 

The other scenario, as we all know, is that Cabot have NO RIGHT to collect on any debt whatsoever, as it is up to them to prove that they are entitled to it in the first place.

 

Does anybody know if they have managed to prove that to any of their "customers" yet?

[sonic007]

l am trying my husbands account on capital one have sent a letter for repayment of charges of £280.00 they have replyed with the offer of £146 +£10 for interest that may of incurred and it will show on my next statement.

 

Do l send letter refusing this offer?

[Seahorse]

So are they implying that they will just pop it into the account regardless of whether you accept or not, or will it only happen if they do accept?

 

Whether you do accept or not depends on how you have calculated the charges, I would say. Is the £280 just charges, or charges plus CI, or charges plus SI?

 

But if all they are doing is trying to pull a fast one and only offering half of the charges, I'd tell them to try again. But it's your decision ultimately.