Birdie v Capital One

[Birdie]

Re: Birdie v Capital One

No, I have not. I've ignored them to be honest and now I'm rather confused, does not take alot!. I disputed the debt last August with Crap One. Debt got passed to Debits, then handed back to Crap one when I sent a shirty letter.

Will send one of your bemused/dispute letters?

[Curlyben]

Re: Birdie v Capital One

Just a simple dispute will do with this.

this will do:

Account in Dispute

Dear Sir/Madam,

I refer to your recent letter and telephone calls.

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 NAME** prior to your first contact with me, and has yet to be resolved.
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 complain to 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 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.

Yours faithfully

[Birdie]

Re: Birdie v Capital One

Updating:

Received these letters. So the account is on hold, aren't they boring people, such a pattern forming between the DCAs and Capital One. Wonder how long it will be before they pass it back to the OC?!

[Curlyben]

Re: Birdie v Capital One

Oh that's new explaining to go to the FOS.
Now that would be a shame as they get charged for this service

[Birdie]

Re: Birdie v Capital One

And now these two letters:

[Birdie]

Re: Birdie v Capital One

So I have responded with this:

Capquest Debt Recovery Ltd
Fleet 27
Rye Close
Fleet
Hampshire
GU51 2QQ

Account in Dispute

Dear Sir/Madam,

Re: Capital One Bank.

I refer to your recent letters, the contents of which are noted.

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the Capital One and has been since they signed receipt of my letter sent by Recorded Delivery during August 2008. Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998.

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 Capital One prior to your first contact with me, and has yet to be resolved.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

Yours faithfully

[Birdie]

Re: Birdie v Capital One

Now received this ridiculous letter! Any ideas anyone please?

[Curlyben]

Re: Birdie v Capital One

Well they are having a:

[Birdie]

Re: Birdie v Capital One

Have now received these two letters - note they did not enclose the Credit Agreement with their letter of 2nd April.

Am going to respond with this:

27th April 2009

Sent by Recorded Delivery

Capquest Debt Recovery Ltd
Fleet 27
Rye Close
Fleet
Hampshire
GU51 2QQ

Account in Dispute

Dear Sir/Madam,

Re: Capital One Bank.

I refer to your letters of 2nd and 14th April 2009. I note that you failed to enclose a copy of the “Agreement” from Capital One.

Again, I reiterate, that I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the Capital One and has been since they signed receipt of my letter sent by Recorded Delivery during August 2008. In my dispute letter, I advised Capital One that as far as I am concerned, I consider the debt to be in dispute due to the majority of the outstanding debt being made up of unlawful and unreasonable charges Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974. As such, therefore, I consider this account to be in dispute and no further action or payment shall be made until this matter is resolved. As per OFT guidelines Section 2.8k “not ceasing collection activity whilst investigation a reasonably queried or disputed debt”.

I would also like to make you aware of The Office of Fair Trading Code of Guidance in which it states: putting pressure on debtors or third parties is considered to be oppressive. This includes: Ignoring disputes about whether money is owed and refusing to freeze action if the debt is in dispute.

In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

The fact that you state that Capital One cannot find my dispute letter is ridiculous and clearly a lie, as I have the Recorded Delivery slip providing clear evidence that Capital One signed receipt of my dispute letter. As such I consider that this account is in SERIOUS DISPUTE.

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 Capital One prior to your first contact with me, and has yet to be resolved.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

Yours faithfully

[Curlyben]

Re: Birdie v Capital One

They really are brainless morons.

Send it to the Q&A department of Capquest at the Fleet address.

Let me know if they cause you any more problems and I'll pay them a personal visit

[Birdie]

Re: Birdie v Capital One

Received this little cutie back from them:

[Curlyben]

Re: Birdie v Capital One

FIVE months for a response !!!!!!!!!!!!!!!!!!

[frisp]

Re: Birdie v Capital One

Sometimes punching sense into idiots is the only way ;0)

[raybeb2005]

Re: Birdie v Capital One

i knew nothing about sites like this when my debt with crap 1 got passed to crapquest and am still paying them by dd each month, can i start a claim for charges against crap 1 still???

[MIKE770]

Re: Birdie v Capital One

i knew nothing about sites like this when my debt with crap 1 got passed to crapquest and am still paying them by dd each month, can i start a claim for charges against crap 1 still???

]

yes