Capital One sold account to Cabot Financial

[steviepollock]

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.

[BRIGADIER2JCS]

I would post up the CCA so the guys can check it, and inform Cabot that the debt is already in dispute.

[steviepollock]

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?

[BRIGADIER2JCS]

Hi,

 

The guidnance from the OFT is that when i dispute is raised all enforcement must stop

and the debt should not be sold or assigned as long as the dispute is unresolved.

[BRIGADIER2JCS]

Could photograph it and get on your computer that way?

[steviepollock]

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?

[BRIGADIER2JCS]

Yes senda copy of each letter to both companies so there can be no doubt as to wht your saying.

[steviepollock]

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

 

Thanks again.

[Papa_Smurf]

Account In Dispute

 

Ref:

 

Dear Sir/Madam

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account. I would now request you send me your official complaints procedure within 14 days.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

You have failed to comply with my request, and as such the account entered default on **DATE**.

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore

 

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

 

These limits have expired.

 

As you are no doubt aware section 77(6) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled , while the default continues, to enforce the agreement.

 

 

Therefore this account has become unenforceable at law.

 

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any

credit reference agencies

.

 

Should you refuse to comply, you must within 21 days provide me with a detailed Breakdown

of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest

or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

 

PRINT NAME - don't sign

[Haven72]

OFT are guidelines only and not law and from my experience debt collectors can breech as many of these guidelines as they want and trading standards will not do a thing unless they harrass you which is unlawful and therefore they have to become involved, maybe its just my experience tho.

[steviepollock]

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.

Edited May 31, 2011 by cerberusalert

[mines a pint]

Too small to check BUT your signature is clearly visible which should be removed urgently along with that barcode as it would identify you.

[cerberusalert]

I've removed the image so you can edit. If you upload it again can you do it as a zip or pdf file?

[steviepollock]

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

[cerberusalert]

Upload the image to a hosting site such as tinypic or photobucket and then copy & paste the url back here.