Cap One CC

[originalmissy]

Hi, I have been dealing with this one using the templates etc so far, however, their latest response has lost me and I'm hoping some one can help.
This is the story so far.
The original debt was a business credit card, (business has ceased), last payment was made in early 2010, there was only sporadic communication from Cabot, which was ignored untill Jan 2012 when they said 'Your account has been escalated to our pre litigation department' this was when I asked for the CCA. Details below.

23.1.12 Cca req sent to Cabot

24.1.12 Letter from Cabot returning fee and stating they will retrieve docs which they anticipate will be within 12 days.

9.2.12 Letter from Cabot stating the original lender is experiencing a delay in getting the docs, we remind you the debt is still legally due etc etc.

2.3.12 Letter from Cabot giving signed app form and statements and asking for payment.

14.3.12 CCA query application form rec’d letter to Cabot

This is the latest letter which I am unsure of what response I should send.

11.5.12 Response recieved. I have only given the important parts rather than the whole letter.

They say that the information they have provided goes beyond the definition of a 'true copy' because they have sent a photocopy of a credit agreement which I signed, they didn't, they sent an application form!
They say it is not their normal practice to recontruct credit agreements, they back this up by quoting Section 61 And Section 189(4) of the CCA.

The letter itself is dated 27th March 2012 and towards the end demands contact is made within 14 days!

Thankyou in advance for your help.

[Deepie]

Re: Cap One CC

Hi, I have been dealing with this one using the templates etc so far, however, their latest response has lost me and I'm hoping some one can help.
This is the story so far.
The original debt was a business credit card, (business has ceased), last payment was made in early 2010, there was only sporadic communication from Cabot, which was ignored untill Jan 2012 when they said 'Your account has been escalated to our pre litigation department' this was when I asked for the CCA. Details below.

23.1.12 Cca req sent to Cabot

24.1.12 Letter from Cabot returning fee and stating they will retrieve docs which they anticipate will be within 12 days.

9.2.12 Letter from Cabot stating the original lender is experiencing a delay in getting the docs, we remind you the debt is still legally due etc etc.

2.3.12 Letter from Cabot giving signed app form and statements and asking for payment.

14.3.12 CCA query application form rec’d letter to Cabot

This is the latest letter which I am unsure of what response I should send.

11.5.12 Response recieved. I have only given the important parts rather than the whole letter.

They say that the information they have provided goes beyond the definition of a 'true copy' because they have sent a photocopy of a credit agreement which I signed, they didn't, they sent an application form!
They say it is not their normal practice to recontruct credit agreements, they back this up by quoting Section 61 And Section 189(4) of the CCA.

The letter itself is dated 27th March 2012 and towards the end demands contact is made within 14 days!

Thankyou in advance for your help.

I Would just ignore see what thay send next...........

[vint1954]

Re: Cap One CC

Hi, I have been dealing with this one using the templates etc so far, however, their latest response has lost me and I'm hoping some one can help.
This is the story so far.
The original debt was a business credit card, (business has ceased), last payment was made in early 2010, there was only sporadic communication from Cabot, which was ignored untill Jan 2012 when they said 'Your account has been escalated to our pre litigation department' this was when I asked for the CCA. Details below.

23.1.12 Cca req sent to Cabot

24.1.12 Letter from Cabot returning fee and stating they will retrieve docs which they anticipate will be within 12 days.

9.2.12 Letter from Cabot stating the original lender is experiencing a delay in getting the docs, we remind you the debt is still legally due etc etc.

2.3.12 Letter from Cabot giving signed app form and statements and asking for payment.

14.3.12 CCA query application form rec’d letter to Cabot

This is the latest letter which I am unsure of what response I should send.

11.5.12 Response recieved. I have only given the important parts rather than the whole letter.

They say that the information they have provided goes beyond the definition of a 'true copy' because they have sent a photocopy of a credit agreement which I signed, they didn't, they sent an application form!
They say it is not their normal practice to recontruct credit agreements, they back this up by quoting Section 61 And Section 189(4) of the CCA.

The letter itself is dated 27th March 2012 and towards the end demands contact is made within 14 days!

Thankyou in advance for your help.

Was this a Limited company or was the card in your name as a sole trader?

Vint

[originalmissy]

Re: Cap One CC

Hi Vint, the account was in my name as a sole trader

Was this a Limited company or was the card in your name as a sole trader?

Vint

[vint1954]

Re: Cap One CC

Hi Vint, the account was in my name as a sole trader

Ok, it was just a thought.

Vint

[vint1954]

Re: Cap One CC

Has Niddy seen your agreement?

There is a link in his signature to e mail agreements to.

Also, what CC company was this.

Vint

[originalmissy]

Re: Cap One CC

Not yet, was waiting for Niddy's comment and invitation to send him a copy
and yeah was originaly Cap One.

Has Niddy seen your agreement?

There is a link in his signature to e mail agreements to.

Also, what CC company was this.

Vint

[vint1954]

Re: Cap One CC

As per thread title , Cap One!

[originalmissy]

Re: Cap One CC

Hi Flower, will do thank you.

Don't wait for an invitation, send him the agreement ---> agreements@all-about-debt.co.uk

[SXGuy]

Re: Cap One CC

As per thread title , Cap One!

Not sure the CCA applies to business accounts, let's see what The Boss says...

I would argue that the card holder is a sole trader, therefore any business card debt is personal debt, therefore it makes no difference.

Bare in mind, that i personally declared myself BR back in 2004, for a business lease, business overdraft of 10k, and business credit cards, which were all accepted, because i was self employed sole trader, not a ltd company.

[originalmissy]

Re: Cap One CC

Thankyou, that was what I was thinking too. Hopefully Niddy will be able to assist when I have sent my email

I would argue that the card holder is a sole trader, therefore any business card debt is personal debt, therefore it makes no difference.

Bare in mind, that i personally declared myself BR back in 2004, for a business lease, business overdraft of 10k, and business credit cards, which were all accepted, because i was self employed sole trader, not a ltd company.

[originalmissy]

Re: Cap One CC

What a palaver lol. Have sent a copy to Niddy.

[Never-In-Doubt]

Re: Cap One CC

What a palaver lol. Have sent a copy to Niddy.

with big white spaces where the important bits are

* no comment until you send the un-edited version

[alland]

Re: Cap One CC

Originalmissy,
I am at exactly the same position right now with Cabot and my Capital One account.

They have insisted the Cap One application form is a compliant CCA, I have contested this in many letters to them, to the extent that the last letter I received from Cabot was quite shirty, and appeared to suggest they had had enough of telling me time and time again that they had fully complied with my CCA s78 request.
And they are not going to communicate any further on the matter. Therefore my account was being escalated to their pre litigation dept. and this is my one last chance to arrange payment.
My account with their "Pre Litigation Dept" is not for the first time I might add, and I have had more "last chances" to pay than I can remember. I have been sparing with Cabot on this one for a year already.

Not sure if I have run the course with them now and they will attempt litigation, I am just sitting it out and waiting to see what their next move is.

Your first move is to do as Niddy asks, send him your unedited version of the stuff Cabot have sent, and then you will get the correct support on how to respond to them.
Good Luck

[originalmissy]

Re: Cap One CC

Oooops sorry, I wasn't sure I must admit, lol Will resend full copy today.

with big white spaces where the important bits are

* no comment until you send the un-edited version