Capital One fail to produce CCA TWICE

[ringinknob]

Hi there!

Has anybody out there made a CCA (consumer credit agreement) request under Section 78 of the Consumer Credit Act 1984 and failed to get any response at all from Cap One?

I sent the first request(8th March 2011) with the required payment of £1 by postal order. I obtained a certificate of posting and sent the request to Cap One's prescribed PO box address. I also popped a letter complaining about the frequency and volume of calls I was getting from Cap One call centres.

On April 18th 2011, I wrote to to Cap One again, but this time to their registered office at Trent House, Nottingham NG2 3HX. I pointed out that they had not complied with the Consumer Credit (Prescribed Periods For Giving Information) Regulations 1983 which provides that such requests should be satisfied within 12 days. I enclosed scanned copies of the original CCA request, copy of the postal order along with post office receipts. I sent it on the Signed for service and I have a POD signature for the letter.

I got a reply from Cap One on 21st Apr 2011. It starts my saying that Cap One understands that I have not received the CCA request, but goes on to say they sent it on 22nd March 2011 (suspiciously in time with the above regs) but I have not actually received any response.

My credit card account with them is in default, and they have chosen to use a DCA called Cougar Financial Services (who call many times each day..). My outstanding balance is £1100. Does it seem a sign of weakness on their part (to avoid the CCA or not CCA provided issue in the courts) to use a DCA?

I know a little knowledge is (a) embarrassing and (b) dangerous, so any advice will be gratefully received. Sorry if I went on for too long.. I am new to this!:beagle:

[WendyB]

Re: Capital One fail to produce CCA TWICE

Have you tried to come to any arrangement to pay off the balance, either with Cap One or the DCA?
How long has the account been in default for, and did Cap One send you a valid Default Notice?

[CleverClogs]

Re: Capital One fail to produce CCA TWICE

I sent the first request(8th March 2011) with the required payment of £1 by postal order. I obtained a certificate of posting and sent the request to Cap One's prescribed PO box address. I also popped a letter complaining about the frequency and volume of calls I was getting from Cap One call centres.

My credit card account with them is in default, and they have chosen to use a DCA called Cougar Financial Services (who call many times each day..).

Have you written to Cougar telling them to stop that?

[ringinknob]

Re: Capital One fail to produce CCA TWICE

Hi Clever Clogs

I do have a standard letter to stop frequent DCA calls, but I have not sent one to Cougar because I got our phone service provider (sky) to bar calls from them free for a couple of months. The service has only been running today and it's been very quiet.

:beagle:

[ringinknob]

Re: Capital One fail to produce CCA TWICE

Hello Wendy B

The account has been in default for 3 months. Whilst I am in no way under the illusion that the debt can be erased because of technical error, I do think that Cap One or the DCA should provide the CCA request for me to see. Further, I have paid a fee in consideration of a service I didn't receive.

I am also aware of the HSBC V Brophy case which swings things back in the lenders favour, but the complete failure to provide a CCA as per Section 78 CCA74 must place the enforceability on a weak footing? Surely this is why Cap One elects to use a DCA rather than risk of court's close scrutiny?
:beagle:

[Angry Cat]

Re: Capital One fail to produce CCA TWICE

Hi there!

Has anybody out there made a CCA (consumer credit agreement) request under Section 78 of the Consumer Credit Act 1984 and failed to get any response at all from Cap One?

I sent the first request(8th March 2011) with the required payment of £1 by postal order. I obtained a certificate of posting and sent the request to Cap One's prescribed PO box address. I also popped a letter complaining about the frequency and volume of calls I was getting from Cap One call centres.

On April 18th 2011, I wrote to to Cap One again, but this time to their registered office at Trent House, Nottingham NG2 3HX. I pointed out that they had not complied with the Consumer Credit (Prescribed Periods For Giving Information) Regulations 1983 which provides that such requests should be satisfied within 12 days. I enclosed scanned copies of the original CCA request, copy of the postal order along with post office receipts. I sent it on the Signed for service and I have a POD signature for the letter.

I got a reply from Cap One on 21st Apr 2011. It starts my saying that Cap One understands that I have not received the CCA request, but goes on to say they sent it on 22nd March 2011 (suspiciously in time with the above regs) but I have not actually received any response.

My credit card account with them is in default, and they have chosen to use a DCA called Cougar Financial Services (who call many times each day..). My outstanding balance is £1100. Does it seem a sign of weakness on their part (to avoid the CCA or not CCA provided issue in the courts) to use a DCA?

I know a little knowledge is (a) embarrassing and (b) dangerous, so any advice will be gratefully received. Sorry if I went on for too long.. I am new to this!:beagle:

Cougar Financial Services are a trading name of Credit Solutions:

"Registered Addresses:
Credit Solutions Ltd, Capella Court, Brighton Road, Purley, Surrey, CR8 2PG
Registered in England & Wales:02520932

Power 2 Contact Ltd., Capella Court, Brighton Road, Purley, Surrey, CR8 2PG
Registered in England & Wales:04791083

The Crucible Debt Purchase Company Ltd., Capella Court, Brighton Road, Purley, Surrey, CR8 2PG
Registered in England & Wales:05316613

Cougar Financial Services is a trading name of Credit Solutions Ltd."

I suggest, that you should make a further CCA request to, Credit Solutions Limited.

On what date, did you make your original application for credit to Capital One?
And, did you take out any payment protection insurance, at the point of application?

[CleverClogs]

Re: Capital One fail to produce CCA TWICE

I do have a standard letter to stop frequent DCA calls, but I have not sent one to Cougar because I got our phone service provider (sky) to bar calls from them free for a couple of months. The service has only been running today and it's been very quiet.

How will it respond to Cougar?

Will the number just ring out, will it appear to be unobtainable or will they hear a recorded message politely requesting them to bugger off?

[ringinknob]

Re: Capital One fail to produce CCA TWICE

Hi cleverclogs

I cant test it to b sure without barring/unbarring a number to find out. Sky told me its a recording to tell them to s*d off!

[CleverClogs]

Re: Capital One fail to produce CCA TWICE

Sky told me its a recording to tell them to s*d off!

Is that all?

It might be more efficient if - like the celebrated butler at /\/\erkinstead /\/\anor - the voice warned them that, were they to ring again, the Master of the house would have their bum fried on a plate for breakfast.

[ringinknob]

Re: Capital One fail to produce CCA TWICE

Hi Angry Cat

Without a true copy of the CCA at hand, I'm not sure of the exact date when the application was made. However, it would have been in 2009, so its governed by the revised Consumer Credit Act. I was a student at the time and would not have been eligible for PPI.

The only letter I have received from Cougar says they are instructed to collect the amount, there is no mention of assignment of the debt to them. It looks as if Cap One still own the debt. I have not replied to the letter as yet.
------------------------------- merged -------------------------------
Nice lol... maybe in the words of the the Lord Blackadder, " I fart in your general direction, Sir..."
------------------------------- merged -------------------------------
Oops.... Blackadder quote there for CleverClog's benefit and amusement.....

[CleverClogs]

Re: Capital One fail to produce CCA TWICE

Without a true copy of the CCA at hand, I'm not sure of the exact date when the application was made. However, it would have been in 2009, so its governed by the revised Consumer Credit Act. I was a student at the time and would not have been eligible for PPI.

Whether or not you were eligible for PPI may have precisely no bearing on whether or not you were sold PPI that was utterly useless to you - or, indeed, had the premium for PPI simply taken from the account without your knowledge.

[ringinknob]

Re: Capital One fail to produce CCA TWICE

Hi CleverClogs

When I applied for the credit, I ticked the box to exclude PPI. During the running of the account, there was no mention of PPI on the statements.

[Angry Cat]

Re: Capital One fail to produce CCA TWICE

Hi Angry Cat

Without a true copy of the CCA at hand, I'm not sure of the exact date when the application was made. However, it would have been in 2009, so its governed by the revised Consumer Credit Act. I was a student at the time and would not have been eligible for PPI.

The only letter I have received from Cougar says they are instructed to collect the amount, there is no mention of assignment of the debt to them. It looks as if Cap One still own the debt. I have not replied to the letter as yet.

Cougar Financial, is a trading name of Credit Solutions Limited.
Clearly, Credit Solutions Limited, have been instructed by CapOne as their authorised collection agent, only.

What was the amount of credit at the point, when your application for credit was accepted by CapOne?

[ringinknob]

Re: Capital One fail to produce CCA TWICE

Cougar Financial, is a trading name of Credit Solutions Limited.
Clearly, Credit Solutions Limited, have been instructed by CapOne as their authorised collection agent, only.

What was the amount of credit at the point, when your application for credit was accepted by CapOne?

Hi Angry Cat... the initial application was for a card that a credit limit of £500, this was doubled upon review 4 months later. What was the significance of the initial amount of credit, posed in your question?

[Angry Cat]

Re: Capital One fail to produce CCA TWICE

Hi Angry Cat... the initial application was for a card that a credit limit of £500, this was doubled upon review 4 months later. What was the significance of the initial amount of credit, posed in your question?

I was simply attempting to gain a clear picture about your particular case.