Hello All, advice would be very welcome

[Jimmystix]

Hello all again.

My wife had a Capital One card in which I asked for a CCA back in May 2009. They sent the application with terms overleaf of which there were none. I put the account into dispute in May of the same year, which I understood at the time would stop interest being added, silly of me I know.
Unfortunately she used the card in July of the same year which would cancel the dispute I would imagine.
I carried on making payments but was getting nowhere as they were still receiving money so it made no difference to them. To move forward I stopped making payments in January 2010.
The account was created at an address we still own, so all correspondence was made at this address, 3 DCA's later and thanks to browsing this site and similar ones all three were unable to find that CCA, an application form yes but the terms overleaf were never added, a newer T&C form was sent but the late payment fine on these were £12, I have from a SAR got evidence of being charged £25.
I have heard nothing until the summer when Cap1 sent a statement and then a letter this weekend dated 19/10/15 that they had sold the account to Caboot Credit Management Group on the 24th of September 2016.
The Cap 1 letter came with a Caboot letter stating that the letter acts? as a Notice of Assigment and they will set a deafult against the account in 30 days.

The Caboot letter looks generic as I have seen tthe same letter on the web. These were sent to our newer address.

1. Are they phising letter to see if we are at this address, should I ignore?
2. If I don't ignore do I send a CCA request to Caboot?
3. Do I also send a SAR to see what they have.
4 As a goodwill gesture I offered Cap1 £3000, this was the amount owed at the time of the dispute minus payments made after and the PPI I would have been owed, will this make a difference, and will the SAR show it?

My wife is worried that they are coming to lock her up . Any delaying tactic used by Caboot will not bother me as the last payment was January 2010, so hopefully it will be SB come this January.

Thanks in advance and sorry if it all looks a bit convoluted

[nemesis45]

Re: Hello All, advice would be very welcome

Hi Welcome to LB,
If your credit reference files and the electoral register show
current address Cabot will have traced you that way.
I think what you have received is Notice of Assignment of the
debt to Cabot.
Cap 1 will have defaulted the account prior to selling the debt to
Cabot.

A SAR to Cabot is a waste of £10 all they have is the minimum detail
on the debt provided when it was sold.

You could send a CCA request now, but personally I would wait
until Cabot start to press for payment.

You have acknowledged the debt by making the offer of payment
whatever Cabot decide they have I think got the upper hand.

Debt is not a criminal offence in the UK, so your wife being " locked up"
is not an option.
Because of your offer the debt will not be statute barred unless
it was properly worded.

For the benefit of others reading this the Debt was sold to Cabot Credit Management?
nem

[Jimmystix]

Re: Hello All, advice would be very welcome

Thanks for the reply, the bit below was in the letter I sent with the goodwill gesture, does this mean I acknowledged the debt.

Thank you for your reply 6/1/10 asking for a signature regarding a request for documents.



2. The problem with the CCA supplied, was that your reply consisted of an application form, which is a pre agreement contract. Nowhere in this document are all the prescribed terms required for it to be an enforcable agreement. I have enclosed a copy of the specific terms I am referring to.
Due to the lack of a signed and fully executed Credit Agreement, the account is unenforcable.
However as a goodwill gesture and accepting no liability I am willing to make 60 monthly payments of £50. This amounts to the sum of £3000, when added to the payments since my first inquiry the total comes to around £5000. There is also the matter of the PPI I paid plus 8% interest, which is another £1000 but I am willing to ignore this fact, if we come to an arrangement.

[Jimmystix]

Re: Hello All, advice would be very welcome

I received further correspondence from Cabot today.
I'm guessing firing off a CCA request is in order and nothing else at the moment.

[nemesis45]

Re: Hello All, advice would be very welcome

Thanks for the reply, the bit below was in the letter I sent with the goodwill gesture, does this mean I acknowledged the debt.

Thank you for your reply 6/1/10 asking for a signature regarding a request for documents.



2. The problem with the CCA supplied, was that your reply consisted of an application form, which is a pre agreement contract. Nowhere in this document are all the prescribed terms required for it to be an enforcable agreement. I have enclosed a copy of the specific terms I am referring to.
Due to the lack of a signed and fully executed Credit Agreement, the account is unenforcable.
However as a goodwill gesture and accepting no liability I am willing to make 60 monthly payments of £50. This amounts to the sum of £3000, when added to the payments since my first inquiry the total comes to around £5000. There is also the matter of the PPI I paid plus 8% interest, which is another £1000 but I am willing to ignore this fact, if we come to an arrangement.

I'm sorry to say that the offer does acknowledge the debt, just for the want of saying as a " gesture of goodwill and without any admission of liability".

- - - Updated - - -

I received further correspondence from Cabot today.
I'm guessing firing off a CCA request is in order and nothing else at the moment.

What have you received please?

nem

[Jimmystix]

Re: Hello All, advice would be very welcome

This is what I received

[nemesis45]

Re: Hello All, advice would be very welcome

This is what I received

A "Begging Letter" from the auto printer also used for threatograms!
Probably never been see or handled by the signatory.

You will I expect receive a response to your generous offer to pay the debt
even though you believe it's unenforceable.

nem

[Jimmystix]

Re: Hello All, advice would be very welcome

Hmm quite a dilema.
The last payment on the account, according to the Cap1 letter I received, for the first two missed payments, appears to be two weeks after I sent this goodwill gesture letter.

eApproximetaly 16/1/10 for the last payment with the letter being the 1st of that month.

Would it be SB after 16/1/16 which is around 3 months away or does that achknowledgment letter negate it even though it is dent before.

Also if anyone would be so kind, anyway I can prolong this issue for the 3 months to either get it SB's or a drastically reduced amount?

Thanks in advance and sorry being a PITA

[sloane82]

Re: Hello All, advice would be very welcome

Ok reading through this was this a card with £200 credit limit?. As it is now 6 years old it is now statute barred did the card have PPI on it?. Go and find out. Contact the FOS Financial Ombudsman Service about this. If you have and ask to get your PPI back some company's charge upto 25% to do so the FOS will do it for free. You'll need to ask if they can do it.

[Jimmystix]

Re: Hello All, advice would be very welcome

Just a quick update.
Cabot sent me the same old application form other DCA's and Cap One sent me.
Three different sets of T&C's
A signed credit agreement for someone else.

I replied to them
An application form is a pre agreement
T&C's have to be on the document.
The CCA is a breach of the Data Protection Act.
The last payment on the account was February 2010

Today I received a reply from Cabot.
They were sorry for sending the CCA for someone else.
They also mentioned that the CCA was a reconstituted one as defined by blah blah.
However the debt is over 6 years old and they acknowledge that it is statute barred and have now closed the account.

Over the last 7 years I have frequented this and many other sites. The information I have gathered on all of them as been excellent but the main piece of advice that was the best was stick at it and old firm.

Thanks again, now to post this same message on the other forums.

:goodjob:

[MIKE770]

Re: Hello All, advice would be very welcome

they ran knowing it was SB also you could report them to the ICO etc over breaches of data control sending you another persons details, go get them report them.

[nemesis45]

Re: Hello All, advice would be very welcome

Excellent Result!!