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Thank you all for your invaluable contribution to this forum. I am in a situation where I would be grateful to get some advice on what to do next:
- I received letters from Cabot financial (CF)regarding a capital one credit card debt; the account in question was openeded around 2004 and I made a last payment late 2013 to a DC (whose name I can’t remember)
- CF then instructed Mortimer Clarke (MC) to write me saying they are intending to take me to court if I don’t respond within 14 days
- In response I wrote both CF and MT a letter requesting a CCA, statement of account showing all charges/interest and default notices served; all to be provided within 12 working days
- CF acknowledged my request and stating they do not have this information and aim to provide it within 40 days even though they acknowledge the 12 day time limit
- A month later CF wrote: unfortunately we have not been able to provide you with the requested information within the relevant time frame. Your credit agreement remains unenforceable currently which means we are not permitted to take you to court
- Fastfoward 6 months later I just received a pack from MC which states a copy of the agreement, statements of account and default notice have been included. An expenditure has also been included for me to fill out and return.
- There are a few points with the contents of the pack which make me wonder what these guys are up to
o Two photocopies of an application form which has my name and address and my signature and date. The section entitled “Credit card account agreement” which is immediately above the signature is completely illegible on one of the copies and just about legible on the other.
o Terms and conditions entitled “Credit agreement regulated by the consumer credit act 1974”. The first sentence states my name: The agreement is between Ms xyz, address and us. There is no date to this document and no page numbers
o Another document entitled “terms of your capital one credit card agreement”. This one has another previous address of mine (different from the one stated above)
o A statement of accounts from the account was opened to date
o Two default notices: of with my name, the other of another person’s name at a completely different address. I have no clue who that person is. I note that the other person’s default notice is more “professional” than mine because it states the balance, credit limit and overdue amount. Whereas “mine” only states the overdue amount of £319, the letter dated 13/11/2012. The other person’s one stated the amount owed as of the stated date; “mine” doesn’t
o Having looked through the statements they sent, I noticed that the overdue amount stated on the default notice with my name (£319) is not reflected in the statement of that month (NOV 2012). The statement of OCT 12 states min. payment due £431; NOV 12 states £547. The figures don’t match.
Would they be able to proceed with applying for a CCJ in these circumstances? What would be the appropriate next steps to take? Note they expect me to return an expenditure form (not sure they sent one to begin with). Any advice will be grately appreciated.
pharmchick
- I received letters from Cabot financial (CF)regarding a capital one credit card debt; the account in question was openeded around 2004 and I made a last payment late 2013 to a DC (whose name I can’t remember)
- CF then instructed Mortimer Clarke (MC) to write me saying they are intending to take me to court if I don’t respond within 14 days
- In response I wrote both CF and MT a letter requesting a CCA, statement of account showing all charges/interest and default notices served; all to be provided within 12 working days
- CF acknowledged my request and stating they do not have this information and aim to provide it within 40 days even though they acknowledge the 12 day time limit
- A month later CF wrote: unfortunately we have not been able to provide you with the requested information within the relevant time frame. Your credit agreement remains unenforceable currently which means we are not permitted to take you to court
- Fastfoward 6 months later I just received a pack from MC which states a copy of the agreement, statements of account and default notice have been included. An expenditure has also been included for me to fill out and return.
- There are a few points with the contents of the pack which make me wonder what these guys are up to
o Two photocopies of an application form which has my name and address and my signature and date. The section entitled “Credit card account agreement” which is immediately above the signature is completely illegible on one of the copies and just about legible on the other.
o Terms and conditions entitled “Credit agreement regulated by the consumer credit act 1974”. The first sentence states my name: The agreement is between Ms xyz, address and us. There is no date to this document and no page numbers
o Another document entitled “terms of your capital one credit card agreement”. This one has another previous address of mine (different from the one stated above)
o A statement of accounts from the account was opened to date
o Two default notices: of with my name, the other of another person’s name at a completely different address. I have no clue who that person is. I note that the other person’s default notice is more “professional” than mine because it states the balance, credit limit and overdue amount. Whereas “mine” only states the overdue amount of £319, the letter dated 13/11/2012. The other person’s one stated the amount owed as of the stated date; “mine” doesn’t
o Having looked through the statements they sent, I noticed that the overdue amount stated on the default notice with my name (£319) is not reflected in the statement of that month (NOV 2012). The statement of OCT 12 states min. payment due £431; NOV 12 states £547. The figures don’t match.
Would they be able to proceed with applying for a CCJ in these circumstances? What would be the appropriate next steps to take? Note they expect me to return an expenditure form (not sure they sent one to begin with). Any advice will be grately appreciated.
pharmchick
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