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They are trying to chase a Capital One credit card from 2011, I have very little recollection of the account, and have received no paperwork etc for some time, having moved address etc.
Cabot, then Restons began to contact me threatening court action. Eventually I got a Letter Before Action.
I replied with the following:
HOWEVER
They have now responded:
I have no idea what to do now?! Please help!
Cabot, then Restons began to contact me threatening court action. Eventually I got a Letter Before Action.
I replied with the following:
Thank you for your letter dated 16 February 2016, the contents of which have been noted. I believe that yourcorrespondence constitutes a “Letter Before Action”. I would therefore like to refer you to Paragraph 3 of the
Practice Direction (PD) for Pre-Action Conduct, which states: “before commencing proceedings, the court will expect
the parties to have exchanged sufficient information to (a) understand each other’s position; (b) make decisions
about how to proceed;”
Paragraph 6 of the PD states “the parties should exchange correspondence and information to comply with the
objectives“ and Paragraph 6(c) refers to “the parties disclosing key documents relevant to the issues in dispute.”
My request refers to the documents and information I require to obtain the necessary information to assess my
position in this case.
I require copies of the following:
1. The original agreement and terms of the account;
2. The Default Notice;
3. The Notice of Assignment to your clients;
4. Statements of account;
5. Details of how the amount has been calculated;
These documents would be expected to be supplied if proceedings were issued and would likely be in your
possession if you were issuing a claim. If you consider that there is difficulty in providing a copy of a document,
please identify that document and the reason.
In accordance with the PD, I shall be able to provide you with a full response to your letter within 14 days of receipt
of the documents listed above and also reserve the right to refer to the contents of this letter if proceedings are
issued without first providing copy documents to me.
Finally, I must re-iterate that, at this time, I entirely dispute my liability for any such debt. If you are able to furnish
me with sufficient evidence supporting your claim, I will, of course, be happy to reassess my position.
Practice Direction (PD) for Pre-Action Conduct, which states: “before commencing proceedings, the court will expect
the parties to have exchanged sufficient information to (a) understand each other’s position; (b) make decisions
about how to proceed;”
Paragraph 6 of the PD states “the parties should exchange correspondence and information to comply with the
objectives“ and Paragraph 6(c) refers to “the parties disclosing key documents relevant to the issues in dispute.”
My request refers to the documents and information I require to obtain the necessary information to assess my
position in this case.
I require copies of the following:
1. The original agreement and terms of the account;
2. The Default Notice;
3. The Notice of Assignment to your clients;
4. Statements of account;
5. Details of how the amount has been calculated;
These documents would be expected to be supplied if proceedings were issued and would likely be in your
possession if you were issuing a claim. If you consider that there is difficulty in providing a copy of a document,
please identify that document and the reason.
In accordance with the PD, I shall be able to provide you with a full response to your letter within 14 days of receipt
of the documents listed above and also reserve the right to refer to the contents of this letter if proceedings are
issued without first providing copy documents to me.
Finally, I must re-iterate that, at this time, I entirely dispute my liability for any such debt. If you are able to furnish
me with sufficient evidence supporting your claim, I will, of course, be happy to reassess my position.
They have now responded:
Neither us or our Client is under any obligation to provide a copy of the agreement without the relevant application being made in writing, along with the appropriate fee. Your liability arose under a Credit Card facility with Capital One which was taken around (date) under reference (#######).
Regular statements would have been provided during the time the account was active on a monthly basis. We recommend you check your own records accordingly for these, along with the other documents referenced in your letter. We see no reason why should now require further copies of these documents.
We trust this clarifies our position on the matter. Legal proceedings will now be issued against you.
Regular statements would have been provided during the time the account was active on a monthly basis. We recommend you check your own records accordingly for these, along with the other documents referenced in your letter. We see no reason why should now require further copies of these documents.
We trust this clarifies our position on the matter. Legal proceedings will now be issued against you.
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