Cabot - No CCA for old cap1 card - but they say i must pay anyway?

[renegadeimp]

They can supply a reconstituted agreement as long as that reconstituted agreement meets certain conditions. If the agreement meets those conditions, then it can be used in court in place of the original.

[debpayne]

Thank you so much. Have checked credit agreement and it shows as Cabot on there and not Capitalone. Its says started in May 2004 and default date 2009. I think I'll just sit tight and see what happens next.

 

Thanks again all

[debpayne]

oops

I meant my credit report not credit agreement!

[postggj]

They can supply a reconstituted agreement as long as that reconstituted agreement meets certain conditions. If the agreement meets those conditions, then it can be used in court in place of the original.

 

I understand what you are saying, but i need confirmation as to statutory requirement, that is being included in the Consumer Credit Act 1974 (as amended)

 

SORRY IF SOUNDING OBNOXIOUS, BUT I NEED TO CONFIRM IT IN BLACK AND WHITE AS TO STATUTORY REGULATIONS

 

The regulations still state an agreement or a facsimile of the original agreement is needed to enforce in court, not a reconstructed agreement

 

Believe me, i have looked and i cant find it, this idea has been floating around the forum for a while with no confirmation, or any sort of explanation given

 

i am not saying that the creditor cannot use a reconstructed agreement, but it has to be a "true copy" and certified as a true copy

 

I will throw in Harrison v Link Financial into this debate

 

Waksman stipulated any reconstructed agreement must be "honest and accurate"

 

Mr Nathan Bachellier, at Hastings county court in October 2010, defeated an attempt by debt recovery company Cabot Financial, to recover £5,908 run up on an MBNA credit card. Judge Winslett ruled Cabot had failed to produce all the necessary documentation when trying to supply a copy of the agreement, and that it was illegible, another breach of consumer credit regulations.

Edited April 19, 2013 by squaddie

[debpayne]

Hi All,

Been a while but I have now been sent a reconstructed signed agreement after rather a lengthy wait (Requested Sept 2012).

 

To be honest I wasn't really disputing the agreement just the fact that I am 99.9% sure we cleared this with a full and final settlement

when my father in law died and left us some money but as it was such a long time ago I cannot find any details at all.

 

What I would really like to see is a statement/s from Capital One.

 

Can I still ask for this or should I just ask to set up a repayment plan now I have the signed agreement.

 

I've been ina nd out of hospital recently with operations and really don;t need this.

 

Many thanks in advance for your help. Deb

[renegadeimp]

Next step? SAR the OC.

[debpayne]

Thank you, I'll get onto that.

Just a couple of questions, Cabot have given me 14days to respond, will that put that on hold if I advise them I have sent a SAR to Cahoot as they say they will escalate it if they haven't heard from me and I really don;t want this to go to court.

 

Many thanks

 

Deb

[renegadeimp]

Tell crapot to bugger off. You are under no obligation to even consider any of their silly timeframes. If you want to be funny with them, tell them that you will reply when you are good and ready. Also, where would they escalate it to? The next desk over by someone with a different colour marker pen?

 

About court, they could take it there, but they still have to follow procedure and theyve already admitted that they dont have the paperwork needed to enforce a debt. Not to mention that you have everything they have said in writing, so you could show that they arent even following regulation or guidelines.

[debpayne]

Lol...Crapot, did make me smile but they have said that now they have complied with my request to supply the information (it arrived today, sorry I was probably unclear in my previous post!) that they can enforce the credit agreement and are able to obtain a ccj against me and I don;t want that to happen. I guess I'm in panic mode at the moment..and if I;m honest I am in enough debt with things I know I haven;t paid so don;t want to be paying something I;m sure I already did pay..if that makes sense.

 

So I have the reconstituted true copy of the credit agreement and the signed copy of my credit agreement??? But what I would really like to see is the statement of credits/debits from capital one.

They have put in a page entitled "Statement of Account" but it just says

 

• Cabot confirms: the outstanding balance is £600.
  
• The amount you are reuored to pay to Cabot is £600
  
• You are not able to draw further on this account.
  

Thanks for your help

[havinastella]

Can you post up the agreement?

[renegadeimp]

Remember, cabot only deal with 'lemon debts' 99% of the time there is always something wrong with them.

[dx100uk]

recon is no good

 

as its pre 2007 ?

 

dx

[debpayne]

Haven't been back on the board as I have been in hospital but

 

today I have notice something on my Experian report.

 

On the Cabot debt it shows a green circle which means up to date (it does have a question mark in)

and the balance says £0 but then again it goes back to the £674 they are chasing.

 

I've put a picture of it below not too sure how clear it is.

 

I haven't had a chance to do anything yet with their paperwork.

 

What are your views on this on the credit report.

 

Should I send a copy of this to Cabot to ask what it means?

 

Thank you

Deb[ATTACH=CONFIG]45590[/ATTACH]

[dx100uk]

that just means it was unreported that month

 

dx

[debpayne]

thank you but Boooo