Court Claim - Cabot / Capital One - 22-12-2015

[Amethyst]

Re: Hi and thanks

Okay yes the letter about the CCA request and CPR request is a standard response. It really makes life easier if people sign the CCA - I have no idea why they don't. Anyway. The CCA request was made direct to the creditor ( claimant ) so it is completely fine, you should send a letter back with a copy of your posting receipt and payment, and a copy of the letter, to Restons, and remind them that they are unable to enforce the agreement whilst their client remains in default of your request. There is no requirement for a CCA request to be signed and given that they have brought court action against you at the address and details given in your letter you are at a loss as to why they are querying your identity at this stage. and SIGN THE LETTER. Your defence stands and any application to strike out your defence will be contested.

[taff]

Re: Hi and thanks

Thanks so much for getting looking at this Amethyst. I'll draft up a letter tonight as per your advice and get it on here before posting it on Monday.

[taff]

Re: Hi and thanks

This is what I've come up with, I need to get the dates of when I sent the letter and PO but my wife's asleep so can't go rummaging around now!



Thank you for your letter dated 23/2/16.
I acknowledge receipt of your letter dated 15/1/16 requesting a signed letter in order for you to provide me with the requested documents. However, I see no requirement for the request to be signed as you have brought court action to me with the address and details given and I fail to see why you are querying my identity at this stage.
Nevertheless, I enclose a copy of my original letter complete with signature.
I have received no communication from Cabot Financial despite my request for a copy of my Consumer Credit Agreement as is my entitlement under sections 77-79 of the Consumer Credit Act 1974. Please find, as requested, enclosed proof of recorded delivery ON DATE, coupled with a receipt for a postal order to the value of £1 representing the statutory fee payable under the Consumer Credit Act.
I would respectfully remind you that while your client remains in default of my request for the CCA, you are unable to enforce the agreement.
Taking the above into consideration, my defence stands and any application to strike out my defence will be contested.

[taff]

Re: Hi and thanks

Hi all again

Just had a letter through the post this morning from Cabot - good news I think?:

"Thank you for your request for information under sections 77-79 of the Consumer Credit Act 1974.

We currently do not have the information on file. However, I have requested the relevant details, which will include a copy of the credit agreement, statement of account and original and varied terms and conditions from the original lender. In the meantime, I would like to inform you that your account shall remain on hold with the Customer Care Department until such time we can comply with your request.

Your credit agreement is currently unenforceable, which means we are not permitted to obtain a judgment or decree against you in court. However, you are still obliged to repay the outstanding balance as confirmed in this letter and therefore I would recommend you contact us as soon as possible to set up a repayment arrangement or continue with your existing payment plan."

It then goes on to offer contacts for debt advice etc.

So a couple of questions:

1) I would assume if Capital One do come up with the paperwork then that's my defence finished and I will need to start repayments?
2) How long have they got to supply me with this information? Surely they can't leave the account "hold" indefinitely? I'm assuming the "clock" hasn't restarted on the debt being stat barred now?

Finally, a slight oddity - the correspondence I have had with Cabot has all been to an address in West Malling, Kent, and indeed the letterhead still states this address. But the envelope the letter came in this morning has a return address to a road in an industrial estate in Cornwall (Note, there is no specific address, just the road address). Anyone have any idea what that's about?

[nemesis45]

Re: Hi and thanks

Hi all again

Just had a letter through the post this morning from Cabot - good news I think?:

"Thank you for your request for information under sections 77-79 of the Consumer Credit Act 1974.

We currently do not have the information on file. However, I have requested the relevant details, which will include a copy of the credit agreement, statement of account and original and varied terms and conditions from the original lender. In the meantime, I would like to inform you that your account shall remain on hold with the Customer Care Department until such time we can comply with your request.

Your credit agreement is currently unenforceable, which means we are not permitted to obtain a judgment or decree against you in court. However, you are still obliged to repay the outstanding balance as confirmed in this letter and therefore I would recommend you contact us as soon as possible to set up a repayment arrangement or continue with your existing payment plan."

It then goes on to offer contacts for debt advice etc.

So a couple of questions:

1) I would assume if Capital One do come up with the paperwork then that's my defence finished and I will need to start repayments?
2) How long have they got to supply me with this information? Surely they can't leave the account "hold" indefinitely? I'm assuming the "clock" hasn't restarted on the debt being stat barred now?

Finally, a slight oddity - the correspondence I have had with Cabot has all been to an address in West Malling, Kent, and indeed the letterhead still states this address. But the envelope the letter came in this morning has a return address to a road in an industrial estate in Cornwall (Note, there is no specific address, just the road address). Anyone have any idea what that's about?

Even if the " agreement " is found it does not necessarily mean that is enforceable!

The address on the back of the envelope is a dead letter centre, not a Carboot office.

nem

[taff]

Re: Hi and thanks

Thanks nem

So how long have they reasonably got to provide me with the agreement?

[nemesis45]

Re: Hi and thanks

Thanks nem

So how long have they reasonably got to provide me with the agreement?

Irrespective of the " on hold " etc. the statutory time scale is 12 + 2 working days if the don't comply the debt is unenforceable UNTIL the agreement is provided, if however the agreement is not found and the
claimant cannot as a result respond to a defence the court will stay the claim indefinitely until either the claimant pays a fee to lift the claim or a defendant applies to the court for the claim to be struck out.

nem

[taff]

Re: Hi and thanks

Thanks again for the response.

So if in a week's time ( the letter was dated 23rd) I haven't received the paperwork, does that mean I can apply to the court to get it struck out? If that's the case what form should I be filling in?

I'm just a bit confused about Cabot's (or Carboot - I like that ) position in all this. Do they have a responsibility to lift the claim?

Also, can I just add that I made the initial request for the paperwork way more than 40 days ago so would that aid me in getting the case struck out?

[taff]

Re: Hi and thanks

So it's been two weeks now since my last post, and I can't even calculate when I first sent my letter to Cabot.

Can I now apply to have my case struck out, and if so, how?

Many thanks for all the help so far, touch wood it feels like the end is in sight?

[charitynjw]

Re: Hi and thanks

Hi taff

I believe it is considered good form to contact the claimant & invite them to withdraw their claim, thereby avoiding the need for further court costs. (Send it in writing, with proof of posting)
Allow them a reasonable time (7 days should be ok).
After that, check the status of the claim with the court &, if still stayed, you could apply for the claim to be struck out.

[taff]

Re: Hi and thanks

Hi all

Long time no speak, but unfortunately I returned home from a two week holiday yesterday to find a letter from Restons enclosed with copy of a N9A form and a copy of what they claim is the CCA.

The CCA does not have my signature on it - in fact in the past year since I posted, I actually found the CCA (whilst going through old paperwork) which was never signed or sent off to Capital One! I'm thinking this is a good thing and makes the debt unenforceable?

The letter from Restons says: "The provision of this final document represents their compliance with your CCA request" As such we wish to offer you one final opportunity to withdraw your Defence by completing and returning the enclosed form N9A by 13 April 2017

"Shoudl we fail to hear from you we are instructed to make an application as set out within our previous correspondence".



In response I have drafted this letter which I, as always, would really value advice and any alterations from this forum.

Dear Sir

I write in response to your letter of March 30, 2017. I apologise for the delay in replying but I was away from the UK between March 27 and April 10.

To address the first point in your correspondence, I am not aware of any documentation previously being provided to me since my CCA request was made more than a year ago.

Furthermore, the copy of the Terms and Conditions you have provided does not bear my signature and therefore I do not consider it proof that I agreed to be bound by them.

As a result I do not consider the status of my defence to have changed and will not be withdrawing it.

Furthermore, to avoid any further unnecessary correspondence I would ask you to invite your client to withdraw the stayed claim within seven days of the date of this letter.

[nemesis45]

Re: Hi and thanks

Hi all

Long time no speak, but unfortunately I returned home from a two week holiday yesterday to find a letter from Restons enclosed with copy of a N9A form and a copy of what they claim is the CCA.

The CCA does not have my signature on it - in fact in the past year since I posted, I actually found the CCA (whilst going through old paperwork) which was never signed or sent off to Capital One! I'm thinking this is a good thing and makes the debt unenforceable?

The letter from Restons says: "The provision of this final document represents their compliance with your CCA request" As such we wish to offer you one final opportunity to withdraw your Defence by completing and returning the enclosed form N9A by 13 April 2017

"Shoudl we fail to hear from you we are instructed to make an application as set out within our previous correspondence".



In response I have drafted this letter which I, as always, would really value advice and any alterations from this forum.

Dear Sir

I write in response to your letter of March 30, 2017. I apologise for the delay in replying but I was away from the UK between March 27 and April 10.

To address the first point in your correspondence, I am not aware of any documentation previously being provided to me since my CCA request was made more than a year ago.

Furthermore, the copy of the Terms and Conditions you have provided does not bear my signature and therefore I do not consider it proof that I agreed to be bound by them.

As a result I do not consider the status of my defence to have changed and will not be withdrawing it.

Furthermore, to avoid any further unnecessary correspondence I would ask you to invite your client to withdraw the stayed claim within seven days of the date of this letter.

Hello Taff,

This sounds like a " reconstituted " agreement which does not have to have signatures, But must have the following parts.

1. Your name and address as it was when the account was opened.

2. The Creditors name and address at the time the account was opened.

3. All the terms and conditions relevant when the account was opened.

4. All the terms and conditions relevant when the account was terminated.

5. Any other documents mentioned in the terms and conditions.

You should also have a signed current statement of the account.

nem

[taff]

Re: Hi and thanks

Hi Nem,

Thank you for the prompt reply. I'm a little less comfortable with all this now.

Should I be making them an offer? If not, what should my response to Restons be?

I've just looked up what a reconstitued agreement is and found this https://www.stephensons.co.uk/site/n...reements_carey

That suggests they do have to prove I signed a document, which I'm fairly confident I didn't?

[nemesis45]

Re: Hi and thanks

Hi Nem,

Thank you for the prompt reply. I'm a little less comfortable with all this now.

Should I be making them an offer? If not, what should my response to Restons be?

I've just looked up what a reconstitued agreement is and found this https://www.stephensons.co.uk/site/n...reements_carey

That suggests they do have to prove I signed a document, which I'm fairly confident I didn't?

Hello Taff,

The question at the moments as I see it is Does that "agreement " comply fully with a CCA request?

Can you post copies of what you have received please.

nem

[warwick65]

Re: Hi and thanks

Hi Taff

Just a few questions if you don't mind

Did you ever send a SAR to Capital One ?

Did you send the CPR 31.14 request, what did you ask for and have they actually replied?

The problem with the recon is that even if it is not right at the moment they could fix it
You say you have an unsigned copy, could it be that cap 1 sent you two copies, one to sign and return and one to keep?

If you didn't send a SAR to capital One it may still be worth doing it now, you may be amazed at what turns up

Were the particulars of claim you posted on your other thread actually the exact words i.e did it say when was assigned?

maybe @Diana M can look in and offer some pearls of wisdom

By the way, Restons seem to like sending those letters out , i.e please withdraw your defence and cough up or else . I smell a potential rat

As for making them an offer the answer would be at the moment NO

Any sort of offer may be seen by the court as an admission and land you with a ccj, they are sneaky like that