Capitial One - CCA Request

[fuzzybrain]

Re: Capitial One - CCA Request

FOS complaint form completed - can you check it for me please CB - will email it over to you if that's ok??

Thanks

[fuzzybrain]

Re: Capitial One - CCA Request

I have an update on this and advice on what to do next would be very welcomed pelase.

FOS told me to bog off as unenfroceable agreements are not their remit.

I received a letter from Captial One yesterday.

It is headed Statement of default and basically states that the account is now officially in default.

We have now terminated the account.

They have the right to demand that i pay the balance in full immediately, they may add any reasonable costs they incurr as a result of recovering the amount owed

They will notify the CRA that i have defaulted on the agreement

They may place or sell the account to a debt collections agency, which may use door to door colelctors or begin legal proceedings to recover all sums owed.

Their nominated representative will contact me shortly

Then if by magic the next letter I open is from Debitas and their lovely little letter says:

We have been instructed to collect the outstanding balance I owe to Cap 1. Then there is lovely a little bit about how distressing outstanding debt is and the stress it causes and that aim is not to make things worse and to work withme to resolve the issue.

It says I have 2 options - 1 to pay them in full ir 2 set up a payment plan.

It then waffles on about not ignoring the situation as it won't make it go away etc....


Debitas also rang me last night, and i informed them that the accoutn was in dispute with Cap 1 and that I would not engage in conversation with them that all communication must take place in writing.

Captial 1 have still not sent a compliant agreement, so i stopped making payments


Do I send this to them??
Dear Sir/Madam,

Your ref:


Thank you for your letter of **DATE**, the contents of which are noted.
I refer to my letter of **DATE** a copy of which is enclosed for your perusal and ease of reference.

As holders of a Consumer Credit Licence you are obliged to comply with the Office of Fair Trading Guidelines on Debt Collection. I would therefore be obliged if you would provide me with an explanation as to why you are attempting to collect on an alleged debt which was disputed with **BANK ** prior to your first contact with me, and has yet to be resolved.
As per OFT guidelines Section 2.8k "not ceasing collection activity whilst investigating a reasonably queried or disputed debt."

Since this is considered an unfair practice and contrary to the OFT guidelines, you should consider this letter as a formal complaint, and provide me with a copy of your complaint resolution procedure.
I also require you to confirm that you will now comply with the OFT guidelines, and will not attempt any further collection activity whilst the dispute is unresolved.

Should you fail to provide me with the required undertaking within 7 days, I shall report your breach of the OFT guidelines to Trading Standards and the Financial Ombudsman Service.

Take notice that I will not discuss this matter on the telephone, and all further communication must be in writing. Any further telephone calls will be perceived as harassment, and dealt with accordingly.

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.






I

[Curlyben]

Re: Capitial One - CCA Request

To be expected in all honesty.
Now there's a couple of things you can do.

1. ignore them completely and go about your life.
2. File an injunction against Cap1 concerning taking enforcement action until/if they produce a fully compliant agreement.
3. Send them a court or go away
4. wait for them to file against you

I would go with either 1 or 4. After all another default doesn't really make any difference..

[fuzzybrain]

Re: Capitial One - CCA Request

Should I not send Debitas a letter informing them that the account is in dispute?

[Curlyben]

Re: Capitial One - CCA Request

Waste of time as Debtass are their in house monkeys

[fuzzybrain]

Re: Capitial One - CCA Request

Ahhhh ok, so they will know all the details anyhow!! I didn't realise that!!

Ok i'll wait for the next threat o gram from them then!!

[fuzzybrain]

Re: Capitial One - CCA Request

Just got home to find another letter from Debtass - its dated one day on fom the last one and they state they are concerned that I haven't responded to their previous mail!!

I'm going to send the "in dispute" just so they can't say i am completely ignoring them.

Ok scrap that - they have just rung me and demanded that i speak to them concerning the debt - they said that I HAVE to discuss with them became they called me!! I refused to give any of my details and therefore I couldn't pass security, so they had a go at me!!!

I asked for the callers name so that i could include it my complaint to the FOS and OFT re their harrassment, but he said that because I wouldn't give him any of my personal details so i could pass sercuity, then he wouldn't give me his name!!

He terminated the call as apparently i was unco-operative!!! he said they would keep callign until i answered their questions. I think it's time to send off the harrassment letter.

What are they likely to do next??

[Curlyben]

Re: Capitial One - CCA Request

They keep calling.
Best idea is to answer their questions and once they getting shirty remind them you are recording the call

Obviously admit nowt as you need everything in writing for the avoidance of doubt..

[fuzzybrain]

Re: Capitial One - CCA Request

I complained to trading standards about Debtass and i received a call today from my local TS who are taking the matter very seriously and want to investigate it further.

I am going to send them all the communication between Cap 1/Debtass and myself as they want to see what has happened and wether Cap 1 have followed procedure.

They knew all about the regulations re CCA and stated that this is an area they are very interested in at the moment and would be very interested to see Cap 1 approach to accounts that are disputed because of non compliant CCA.

They said that once they have all the info and looked at it, they want to come and visit and take statements from me so that they can follow this us in a formal capacity.

Could be an interesting development?????

[Luminol]

Re: Capitial One - CCA Request

Great job on complaining Fuzzy My TS can be a bit useless to be honest, but yours sound on the ball !!

[fuzzybrain]

Re: Capitial One - CCA Request

Ita the first time i have contacted them, but it might not be the last if they turn out to be useful!!

The guy assigned to the case has given me the address to send everythign to, his work number and work mobile number incase anything develops inbetween me sending the details to them and them contactign me back.

[fuzzybrain]

Re: Capitial One - CCA Request

I've receievd another letter fom Debtass, statign that they are intending to send a field agent to my home bcause i haven't coalled them and arranged a payment plan. I did send them "Account in Dispute" letter, but they haven't made any referrence to that.

What do I do now?

[Curlyben]

Re: Capitial One - CCA Request

File it as they wont be sending anyone round.
Even if they do, politely tell them to leave..

[Redletter]

Re: Capitial One - CCA Request

File it as they wont be sending anyone round.
Even if they do, politely tell them to leave..

Regards CB could you just verify what would be the best thing to say to a DCA who turns up at your door uninvited and can see that you are at home?

Thanks.

[Curlyben]

Re: Capitial One - CCA Request

IF, they send someone round, and it's a big IF.
Simply state that the account is in dispute with the OC and you will not be discussing financial matters further with a stranger on the doorstep.
Then ask them to leave your property.

Stay cool and calm, and if they getting nasty simply call the police as this could amount to a breach of the peace and harassment..