Please can you help I've received a small claim summons from Cabot who bought a debt from Capitol One for credit card debt. i live in scotland so it's small claims, for £1858.81 they said I last paid in January 2010. Think I took the card in 2009 and unfortunately fell behind with payments due to redundancy. I've now had this summons that was posted through my letterbox even though it had recorded delivery label on it. However I don't want to ignore this, what should I do please? i have until may 19th May for court date, need to respond 5th May?

My condolances to Martins family at this sad time.

Sorry taken so long to get back. I guess the aim is pay Crapital One back as little as possible if anything or at least delay that for a long time. I think that it was last March 2010 it was last paid,this is when I lost my job so couldn't pay it,I tried to tell them all this but to no avail the phone-calls started everyday house-phone and mobile and letters,so this is when I asked for help here and got the harassment stopped,It then went on to 2 or 3 DCA`s then back to Capital One which is where we are today. Thanks for all your wonderful advice, I`m sure i`ll be able to respond when I study your threads. Cheers

Need to get back to you on the last payment Info Brigadier,It`s Capital that`s now dealing with it as it`s done the DCA rounds.

Hi all, I am hoping the knowledgeable people on here can help with a response to a recent letter from Capital One. I sent a request for a CCA some time ago and received a signature request firstly,however the CCA came in a few days later. Capital advise that it is a reconstituted copy of the original agreement. They also include a scanned copy of the signed signature page of same agreement for which they say is not required under S78. This original agreement has only terms of the agreement and name and address when account opened in 2004. They advise they have complied with S78 by providing a copy of the executed agreement confirmed by Judge Waksman QC in Carey v HSBC [2009] 3417 (QB) that providing a reconstituted copy is compliant with S78 and there is no requirement under the CCA to provide us with a photocopy of the original signed agreement. They continue to advise that they have provided a scanned copy of the signature page of the original agreement only. On the reverse was an extract of the terms of the agreement including prescribed terms? and this is referred to the reconstituted agreement. They then advise that this complies with S78 and they will not enter further correspondence regards copies of agreements and that it is enforceable and will be treated as such. I would be grateful for advice in what it all means and a response would be appreciated. Cheers

Sorry tried various thins but cant seem to get it on here with any other method.

Sorry for this taking so long and I hope have done this correctly.This is the CCA sent to me from Cap1,I`m not sure that the letter you posted is suitable as I did receive the CCA? I appreciate the help and advice given thank you all.

Are there any templates for this type of letter as I am struggling to find anything suitable? Thanks again.

Ok i`ll give that a go,so would it be advisable to send a letter to cap1 advising they have sold on a disputed account?

Sorry to be a total plank Brigdier2JC,but I dont have a scanner:| . What would be the significance of of telling them about it being in dispute?

Hoping someone can give me a bit of advice,I have been passed from DCA to DCA then back to Capital.I requested CCA from cap1 & received this although I think it was well dodgy.I left it for a while to see what their next letter would be and then was going to send SAR request,however I did receive a letter from cap1 advising they have sold the debt to Cabot financial.Not sure what my next step is and would appreciate any advice on what to do next. Thank in advance. Stevie.

Just looking at the CCA & I notice that I haven`t ticked the box for PPI but there is a tick about two inches to the left & also I haven`t signed it for PPI either but i`m sure they were taking payments for it. They have said in the letter with the CCA that they will not be entering into any further correspondence regarding the provision of copy agreements as my agreement is enforceable and will be treated as such.

Yeah! there will be PPI & interest,but the amount I dont know?

Lo & behold I received my CCA,even came with a statement of account. All looks above board. Is this the end of the road is there any other steps I can take.

Hi I received a reply from Cap 1 stating that it will take them a " while to look into my situation and come back with a detailed response.We`ll do everything we can to get an answer to you within four weeks of this letter." I sent the CCA request on the 8th Feb so obviously this goes beyond 12+2,What would be my next step?