capital one/fredricksons

[suek]

hi could anyone help my ,capital one debt was passed to fredricksons international a couple of yrs ago, ive been paying them monthly since, i got thinking about seeing if i had any charges so i wrote to fredricksons asking for a cca £1 cheque enclosed, i had a letter bk off fredricksons saying they have refered the matter to there client and will revert to me as soon as they are in receipt of instructions .and theyve placed the account on hold that was on 23/3/10 .should i send a sar to capital one ? thanks ...sue

[natweststaffmember]

Re: capital one/fredricksons

Have you also reclaimed any charges(late payments, overlimit fees)?

[suek]

Re: capital one/fredricksons

no i havent claimed anything , just been paying fredricksons, can you help please

[natweststaffmember]

Re: capital one/fredricksons

Legal Beagles Consumer Forum

The above is the link to the reclaiming guide which should guide you through the process.

[WendyB]

Re: capital one/fredricksons

Youneed to send SAR to find out all the info they have on you, this will incdude what charges have been made on your account. Why did you send CCA request? If you are looking to prove it unenforceable they willput up a fight as they will say that you have acknowledged the debt by paying the instalments for the last couple of years. As Fred's have now put your account on hold then I suppose that you could stop paying them, but personally, I would carry on as before and pay the instalments you agreed to. You can reclaim any charges alongside this when you have the relevant info, and will be able to use the charges to reduce the outstanding balance.

[suek]

Re: capital one/fredricksons

ive been paying this debt off for a couple of yrs. its only recently i knew about reclaiming charges bk ect,didnt know about this before . i sent off for cca as i thought thats the first step before sending for a sar, i thought if a debt was passed to debt agency that they should have a cca, thats why i asked for a cca request.

[suek]

Re: capital one/fredricksons

i sent off for sar, i has late payment fees / overlimit fees =£20 each
totalling £180.00 plus interest £80.34
total =£260.34


i received a letter today off capital one offering me £64.00 and £0 interest ,saying that capital one reduced the level of default sums charged to £12 each in september 2006,
they appreciate that prior to this date i incurred sums at a higher rate and although capital one is of the view that its default sums were both fair and lawful we would like to address this.they have reviewed my account and considered the merrits of my complaint whilst i was responsible for incurring these charges because how you operated your account there preapared without any admission of liability to reduce all default fees charged in the 6 yrs prior to the date of your comlpaint to £12and refund interest charged on those fees,this ammounts to £64 this is made up of £64 for all default charged above £12 plus £0 for interest charged then they go on to say if id like to accept this offer to sign and return the enclosed form,i owe them £203.53, i also have ppi charges im waiting to hear back from them about it. i dont think i should accept this offer please can someone advise me on my next step ..thanks

[WendyB]

Re: capital one/fredricksons

Write back accepting partial settlement only and pointing out oft guideline para 1.1 I think
it is. Have a look on my threads I can't post a link at the moment as I'm on my phone but will try and remember tomorrow. If I don't then send me a pm to remind me.

[WendyB]

Re: capital one/fredricksons

Hi, have a look at this thread, and try sending a letter back to Crap One. Then if that doesn't work, think about filing an N1 at Court. I'm not sure how Crap One are dealing with stuff at the moment, it's been about 3 years since I got loads of money back from them.

OH v MBNA (Partial refund in 23 days) now FULL REFUND ! - Legal Beagles Consumer Forum