Restons / Cabot / Capital One

[classx]

Hi Guys,

Hopefully you will be able to point me in the right direction.

I've received a "Letter Before Action" from Restons, on behalf of Cabot, regarding a Capital One credit card. I replied pretty quickly and extensively stating that I currently denied the debt, and wanted evidence that I was the person actually liable, and to provide me with documentary evidence supporting their position.

They replied (very short letter) basically saying that Cabot had informed them that they believed I was liable, and that they were to continue pursuing the matter.

I have had a Capital One credit card in the past, (around 2009-2010), and I honestly can't remember what happened with it. I certainly don't believe I ever defaulted etc. I haven't received any paperwork etc on it for years, but have moved address a few times over the last few years.

I have sent Cabot and Restons a further letter stating that I want them to provide me with actual evidence supporting their position. I received another letter, ignoring my request for evidence, saying that they believed I was liable and as such were going to progress with legal action. I replied and told them that I would be happy to reconsider my position, and avoid legal action, if they simply provide some sort of genuine evidence confirming their claim.

Anyway, it appears as though they're not interested in providing any evidence - and I am expecting a CCJ claim form to appear in the next few weeks.

Should I wait for the Northampton Claim Form to arrive before sending a CCA request to Cabot? Should I be sending any other particular letters in advance of the claim form arriving?

What exactly should I be doing?

Cheers guys!

[pt2537]

Re: Restons / Cabot / Capital One

Under the pre action protocol you are entitled to ask them to provide you with documentation they intend to rely on if they do issue proceedings. I would suggest pointing out to them that if they refuse to provide the requested documents, then you will report their client to the FCA and will draw to the courts attention the fact they have refused to allow you to see the documents. Should focus them a little

[classx]

Re: Restons / Cabot / Capital One

Under the pre action protocol you are entitled to ask them to provide you with documentation they intend to rely on if they do issue proceedings. I would suggest pointing out to them that if they refuse to provide the requested documents, then you will report their client to the FCA and will draw to the courts attention the fact they have refused to allow you to see the documents. Should focus them a little

Thanks for this! Is there a specific template letter or specific legal wording I need to use to request these documents? Up to now, I have been using "every day" language.
I will happily send them another letter before the claim arrives!

I asked them for copies of any credit contracts/agreements and any other documentation which they believe supports their position. What sort of things should I request under this Pre-Action Protocol? Do I need to send them a fee?

[pt2537]

Re: Restons / Cabot / Capital One

Thanks for this! Is there a specific template letter or specific legal wording I need to use to request these documents? Up to now, I have been using "every day" language.
I will happily send them another letter before the claim arrives!

I asked them for copies of any contracts/agreements and any other documentation which they believe supports their position.

I dont think you need to use specific legal wording, as long as you make it clear that you understand they have to provide the documents they will be relying on and their refusal will be reported to the regulators etc

[Amethyst]

Re: Restons / Cabot / Capital One

NOT A TEMPLATE - just a letter someone else sent the other day by way of example - so swing it round to normal 'you' speak xxx

Dear Ms Tipping

Re: Account number:
CABOT FINANCIAL UK LTD v YOUR NAME

Thank you for your letter dated 2nd of February 2016, the contents of which have been noted. As you have headed it Letter of Claim, I would like to refer you to paragraph 3 of the Practice Direction 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 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 an effort to find out more information regarding this account I have also sent a formal request for a copy of the original credit agreement pursuant to section 78 of the Consumer Credit Act 1974 to your client, Cabot Financial (UK) Ltd.

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.

Yours faithfully,

YOUR- NAME

[classx]

Re: Restons / Cabot / Capital One

I have now sent them a letter (similar, but not entirely identical), to the one provided above. Also sent it first class recorded delivery.

Do I need to do anything else in the meantime? Should I send a CCA request to Cabot, or should I leave it a bit, seeing as though if they don't provide one, any future claim is presumably unenforceable?

Cheers again!