CClaim Received - Restons/Cabot/Capital One: What can I do?

**Nuff55** · 17th January 2015, 18:30:PM

Re: CClaim Received - Restons/Cabot/Capital One: What can I do?

Hello Flower

May I suggest that you have a look at other posts on this forum. They will give you some pointers on what to do next.

I believe its Restons and Cabot you should be addressing your letters to - Capital One appear to have sold the debt.

Also - don't worry there's lots of help for you on here. have a look at my thread if it helps (also Cabot and Restons).

Have you responded to the claim yet? If not file an acknowledgement of service. It gives you time (28 days) and does not commit you to anything...

Nuff x

**nemesis45** · 17th January 2015, 18:31:PM

Re: CClaim Received - Restons/Cabot/Capital One: What can I do?

Hi,
CPR31.14 request to Restons ( no fee, template in the forum library) for documents mentioned in the POC)
Signed " On or Around 2001 means that they have no agreement I think.
When was the account defaulted?
Is it on credit reference files. Check Noddle from call credit it's Free.

Sounds like they have attempted to provide a reconstituted agreement which must have the following data.

Your Name and Address at the inception of the agreement.
The Creditors name and address at inception.
All the Ts & Cs at inception and closure of the account.
Any other documents mentioned in the Ts & Cs.
Any material amendments to the Ts & Cs made during life of the agreement.
All parts must be easily legible.

For an account of this age a recon agreement is insufficient for enforcement.

TBH is would have been advantageous to get the SAR.
There is no reason whatsoever not to properly sign a SAR.

Cabot I expect will reply to the CCA request stating they expect to be able to comply within 40 days, you must reject this and reply stating that they have 12 + 2 Working Days and no more.

Then Please copy the letter and send it to The Financial Conduct Authority (FCA) which is now interested in the 40 claim it is important to stop Cabot misleading people in this way.

nem

**Flower293** · 19th January 2015, 12:28:PM

Re: CClaim Received - Restons/Cabot/Capital One: What can I do?

Hi,
Thanks for all your help. Had thanked but not managed to write as my youngest has been poorly over the weekend...
@Nuff...Thanks, will definitely will have a proper look. I have acknowledged it and was thinking to defend, but I thought they have already won due to documents they had sent me.

@ Nemesis...I would send off the SAR again, but isn't it too late as they could take up to 40 days?..I was bit annoyed with them as they could have just told me that my postal order and lack of wet signature wasn't enough for them in one go, rather than the back and forth then cashing the postal order, but never mind...
Will send off CPR asap, and will copy and send if they write back with their 40 day claim. But what PoC's they they haven't really been clear in their PoC or perhaps its just my lack of knowledge?
The account defaulted May 2007. It isn't on the credit reference file. Was only given 2 t&c's...One which has a title page "Original Agreement" and the other "Defaulted Agreement" and no amendments for in-between. I did rewrite to Cabot once they sent me the docs asking for a full agreement as all I got was a pretty much a signature box, but they only wrote me back and said they don't have to and they have given me a 'True Copy' and that is sufficient.

Thanks once again
Flower

**Nuff55** · 19th January 2015, 12:48:PM

Re: CClaim Received - Restons/Cabot/Capital One: What can I do?

It's always worth defending - if they can't produce the docs in the statutory time limit they can't enforce anything. My bet is they can't.

Also send a CPR 31.14 request to Restons - see Nem's pointer to the template to use.

**Flower293** · 19th January 2015, 12:53:PM

Re: CClaim Received - Restons/Cabot/Capital One: What can I do?

Thanks Nuff55

Definitely will do that...Can I just double check, on the PoC that they have written, am I just asking for a Contact and Assignment or Contract only for the CPR?

Thanks
Flower

**nemesis45** · 19th January 2015, 18:35:PM

Re: CClaim Received - Restons/Cabot/Capital One: What can I do?

CPR31.14 is only for documents mentioned in the POC.

**Flower293** · 22nd January 2015, 10:15:AM

Re: CClaim Received - Restons/Cabot/Capital One: What can I do?

HI,

I sent a CPR31.14 out and restons received it yesterday, so hopefully will get something back from that.
Had a weird letter from Capital One saying that they haven't included documents as they can't locate the account with details, and are refunding payment. Please resend with previous addresses, DOB etc..I am confused.:confused2:

**nemesis45** · 22nd January 2015, 10:22:AM

Re: CClaim Received - Restons/Cabot/Capital One: What can I do?

Often creditors are unable (or claim to be) to find account details.
So previous addresses should be mentioned in requests not unreasonable
to ask for this and your DOB.

**Flower293** · 22nd January 2015, 10:55:AM

Re: CClaim Received - Restons/Cabot/Capital One: What can I do?

Thanks Nemesis...no problem...was just confused as they first said they weren't happy with signing and then said they can't find it.

**Flower293** · 31st January 2015, 21:29:PM

Re: CClaim Received - Restons/Cabot/Capital One: What can I do?

Hi Everyone,

Just an update really...Yesterday I got the same template letter from Restons that other members seem to receive after a CPR 31.14 request...
Time is ticking, so I guess will have to settle with what I have and start drafting up a defence.

Thanks
Flower

**nemesis45** · 1st February 2015, 09:44:AM

Re: CClaim Received - Restons/Cabot/Capital One: What can I do?

CCA Request sent to Cabot??

nem

**Flower293** · 1st February 2015, 18:20:PM

Re: CClaim Received - Restons/Cabot/Capital One: What can I do?

Hi Nemesis,

I did one a while ago. They came back with the 40 days, then eventually sent a signature box and separate t&c's. I then sent them a letter back saying I requested a 'full page agreement' and then they said that a true copy doesn't mean an exact copy and they have more than fulfilled their obligations.
I read earlier in thread that a reconstituted copy is not sufficient, I am not sure but they seem to think it was? This is where I got stuck :tinysmile_cry_t:

Can someone have a look at what I received if I post it up???

I also resent an SAR with addresses, a copy of my current CT bill and I did sign it, then got a reply back from capital saying they are not fulfilling as it doesn't match their records and its a digital when it was not....just really fed up with it all.

**Flower293** · 5th February 2015, 11:06:AM

Re: CClaim Received - Restons/Cabot/Capital One: What can I do?

Hi

Can someone have a look at what I received if I post it up???

I also resent an SAR with addresses, a copy of my current CT bill and I did sign it, then got a reply back from capital saying they are not fulfilling as it doesn't match their records and its a digital when it was not....just really fed up with it all.

Thanks
Flower

**Flower293** · 5th February 2015, 18:29:PM

Re: CClaim Received - Restons/Cabot/Capital One: What can I do?

...or is it a case of just looking at a F&F?
Even if I do get a CCJ I don't own my own home, I no longer have a car and not working at present...So what can they really take anyway?

CClaim Received - Restons/Cabot/Capital One: What can I do?