Waiting for contact

[winner12]

Re: Waiting for contact

Just wondered if anyone had any advice as to what to do now

[WendyB]

Re: Waiting for contact

If I were you I'd send the payment back to Cap 1 with a letter asking them to explain why it was sent back to you.

[winner12]

Re: Waiting for contact

Hi
Thanks WendyB
Have you had dealings with CAP 1
I have not got a clue what they are doing with their DCAs its all over the place how do they expect others like me to know who to pay either

[WendyB]

Re: Waiting for contact

Yes, I dealt with CAP 1 a while ago. Just send the payment back to them and ask why they refused it. This shows you are not trying to avoid the debt etc etc. If you have the facility to do so, pay it online to Cap 1.

[winner12]

Re: Waiting for contact

Is there a secure way of doing this dont want to give card details bank account etc in case they do something naughty

[WendyB]

Re: Waiting for contact

you have to have an online account with Crap 1. Or just send a cheque or postal order, or if you have one of their statements with the giroslip on the bottom, pay it over the counter at your bank or Post office.

[Angry Cat]

Re: Waiting for contact

Hi
Also I must add that there are 2 DCA chasing this debt so who do CAP 1 expect me to pay heard nothing back from prove its whats my next step some one suggested I write to CAP 1 and threaten to report them to the OFT but will they take any notice they have not taken any so far

It is a breach of the OFT guidelines on debt collection, to have two DCA's pursuing a debt at the same time as per 2.5/6 (c)
http://www.oft.gov.uk/about-the-oft/...ebt-collection

[ODC]

Re: Waiting for contact

It may of course be one DCA with a split personality such as Lowells/Hampton/Red Debt or the duplicitous Worst Credit/CONnaught

[winner12]

Re: Waiting for contact

Hi
Angrycat and ODC thanks for your input

I have just complained to Consumer direct and filled them in about my CAP 1 woes

I think it was crispybacon who suggested letting things lie with CAP 1 after the FOS fiasco but it seems they will not let me do this anyway so battling on and will keep you posted

[winner12]

Re: Waiting for contact

Hi again
Reading through lots of other threads about CAP1 it seems that this is the norm read that CurlyBen thinks they would rather pass it on to a DCA to sort its about time they got a rap on the knuckles for that too
If they do it on a regular basis you would think they would learn to get the process right
Just having a bad day its not printable what I think of CAP 1
GRRRRRRRRRRRRRRRRRRRRRRRRR

[Angry Cat]

Re: Waiting for contact

Just having a bad day its not printable what I think of CAP 1
GRRRRRRRRRRRRRRRRRRRRRRRRR

You are not alone in your thoughts...
many consumers have a great dislike for CapOne, whose complaints department is nigh on non-existent.

Not forgetting the poor souls who were ripped off with their dodgy PPI!

[winner12]

Re: Waiting for contact

Thanks Angrycat
Had a walk on a very windy day feel much better now
I just wondered if they are being so unreasonable because there is no valid CCA so they cant enforce it so keep passing it around various DCA

[Crispybacon]

Re: Waiting for contact

Hi
Angrycat and ODC thanks for your input

I have just complained to Consumer direct and filled them in about my CAP 1 woes

I think it was crispybacon who suggested letting things lie with CAP 1 after the FOS fiasco but it seems they will not let me do this anyway so battling on and will keep you posted

Hi Winner12

What I actually said is added below. I didn't say you should let things lie with Cap1, I said you should treat them like any other unhelpful lender.

Which means, and I know this is easier said than done as I have been there myself, you need to relax a little!!

I think I have seen at least 30+ threads you have started now on various forums about Cap1 and Scotcall so it would seem they are definately getting to you.

You have to remember that threats/stress/intimidation are all they can rely on to provoke a reaction. So please try not to give them this satisfaction!!

As I mentioned in my first post you say you already have got Cap1 to admit they have no enforceable agreement and they have frozen interest and charges.

So just ignore the threats for what they are - threats!

If you are responding to them in the same way in which you are posting, then I would suggest that they are sensing their threats are working and so are increasing the pressure.

However something else you are doing is collecting evidence on a big collection of breaches of OFT guidelines (not passing on payments is one, as is refusing to pass on reasonable offers of payments, as is using multiple DCA's to pursue a debtor).

If they keep returning your payments, then this will only work in your favour if (read highly unlikely) things ever got to court.

So simply let them carry on digging themselves into a hole!!

This means that shortly you will be able to make a complaint to the OFT and I would also ensure you copy this complaint to the OC about the conduct of the DCA's they have employed.

You are wasting a lot of your energy on this sorry bunch, I know its difficult but try not to let them get to you.

Best

Crispy

Hi Winner12

I recognise your situation with Cap1 and the FOS from other consumer forums (If you're the same Winner12 with this situation that is - apologies if not!) and it would seem that the FOS decision to side with Cap1 is something you want to take issue with and counter in some way?

Personally I think the position of the FOS (fair or not) is now something you have to drop. If you don't you are wasting your energy on something you cannot change when you should be using this energy on other things.

A bit harsh I know but you need to drop this thing with the FOS and now approach Cap1 like any other unhelpful lender.

The big question really is what are you trying to achieve?

As far as I can see you already have got some results:

1) No enforceable agreement?

2) Frozen Interest and Charges

3) Offer of 40% reduction of balance as a F&F settlement figure

I appreciate you may not be able to afford to to pay a F&F settlement but if you were paying them £15/month anyway then a couple of things were going to happen:

1) They will eventually accept your £15/month as all you can afford (which they are informally but they are just subjecting you to harrassment which is normal behaviour for DCA's)

2) They will take you to court. If they have an unenforceable agreement and you have been making payments to them in line with what you can afford and can demonstrate this then this is highly unlikely. However this might actually work in your favour as a Judge will likely only award what you can afford anyway.

As you are not paying them anything (I assume due to advice you have received regarding potential unenforceability of the agreement) what are you expecting them to do as a debt collection agency?

Unless you can demonstrate beyond any doubt that the agreement is unenforceable what do you expect a debt collection agency to do? Unfortunately they will continue 'enforcement activity' regardless. I know this is harrassment but unfortunately that is par for the course.

The fact that you have been offered a 40% F&F settlement figure may suggest that they know the agreement is unenforceable, but recent court cases make this route more risky and you need to be aware that if you go to court on UE basis then you could lose and also be liable for costs.

As I mentioned what are you trying to achieve? Its difficult to give advice not knowing what you want from this.

Best

Crispy

[winner12]

Re: Waiting for contact

Thanks Crispy
Sorry did not mean to miss quote
Actually my only problem with CAP 1 is there constant refusal to let me pay them back thats what I stress about
Maybe they dont want my money in any shape or form

[Angry Cat]

Re: Waiting for contact

I just wondered if they are being so unreasonable because there is no valid CCA so they cant enforce it so keep passing it around various DCA

Rings a bell!