Hi,

I'm having similar problems with Capital One at the moment and

all these threads and abreviations are very confusing, lol.

I originally requested that I can reduce my monthly payments,

sent a financial statement and

a copy of that months bank statement.

I recieved a letter back saying that my offer of £35 per month was too low, but

they'd accept £38 per month for six months.

I agreed in writing to this.

They tried telephoning me several times per day, including sunday mornings,

I refused to speak to them and my family automatically hung up the phone whenever we got a call with the delayed answer.

I wrote to fos complaining that they were harrassing me regarding telephone calls

and although I'd agreed to a payment arrangement of £38 per month

they continued to add fee's etc to my account.

Now after 5 months the calls have stopped and they wrote to me asking for proof of income.

I spoke to my parents who although are on a basic pension themselves have borrowed some money to help me resolve this situation.

My original credit limit with Capital One was £3000,

they debt accumilated to £3300,

I had been paying the agreed amount every month up until a couple of months ago

when I sent them a full and final payment request using the template on the National Debt Helpline site

with an offer of £1300.

After 2 weeks I had a reply from Capital One's Executive Response Centre reducing the outstanding balance to £2900.

I wrote to them again with a full and final of £1800 and their response today was to yet again request proof of my income

so they can set up the payment plan.

What is my next step?

OK, First two rules, don't speak with them on the telephone and do not, at this stage offer any kind of F & F and third, they have no legal right to your income details at all, only a judge can order you provide this to a Court.

There are ways of dealing with these people and the help starts here.

Send them a CCA request to see if they are entitled to collect this debt & if it's enforcable. If they fail to provide it within 12+2 days or the CCA is unenforcable you can legally withold any payment until they do. Send it recorded delivery enclosing a £1 postal order. When you get a reply, scan it & remove any identifying details and post it back here where we can have a look at it. We'll advise you from there;

With regard to telephone calls send the following:

Sending the CCa request today, as I mentioned the phone calls have stopped for the moment so will save that template for now...

Thank you for your help so far.

Not had anything back from Capital One yet regarding the CCA request, what should my next move be?

Nothing. Until they provide the CCA (if they have one). Ignore any calls, letters from them until they do so.

Regarding the phone calls ... yes, they usually stop for a while ... they will start again ... They always do.

BTW, how old is the card? Age can usually/sometimes be a pretty good indicator on what to expect back from them eg enforceable ... the older they are, the least likely they will be. But for now, do absolutely nothing, but await their reply. Also, did you apply online or via an application form?

To be honest I can't remember how long I've had an account with them, it's definatly been over five years....

They are allowed 12 + 2 days to respond, and, if and when they do, post what they supply on this thread after first removing all identifying information including all barcodes etc. From the time you took out this card it is more than likely going to be an Application Form and no more, which is unenforceable in Court.

Whilst you are waiting, and once the 14 days are passed, the account will then be officially in dispute and it is entirely up to you whether you want to make payments YOU can afford or decide not to pay at all.

Got a letter back today which states:

Thank you for writing to us about your Capital One account.

It's going to take us a little while to look into your situation and come back with a detailed response. We'll do everything we can to get an answer to you within 4 weeks of this letter.

If for some reason our investigatons take longer than four weeks, we'll contact you to tell you why this is.

Thank you very much for being patient while we collect the information we need.

Yours sincerely.....

Got a letter back today which states:

 

Thank you for writing to us about your Capital One account.

 

It's going to take us a little while to look into your situation and come back with a detailed response. We'll do everything we can to get an answer to you within 4 weeks of this letter.

 

If for some reason our investigatons take longer than four weeks, we'll contact you to tell you why this is.

 

Thank you very much for being patient while we collect the information we need.

 

Yours sincerely.....

Standard letter there. Use the 12 + 2 days and then when they have passed that time and haven't supplied the agreement, send them the account in dispute letter by RD.

Well I sent the request on the 14th May and they signed for it on the 17th so it has now been over 14 days. Which dispute letter should I send?

You have to allow 12 working days then you can send this; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/571-failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale

I work it out as 14 working days from receipt of the letter as of yesterday?

Send the letter in the link then.

All done, just wanted to know I should sign this and would you suggest recorded delivery?

No don't sign but send recorded.

Thanks sending today , what do you think will happen next?

Probably not a lot - they may eventually write back with paperwork they will insist is what you requested, so if they do, remove anything which might identify you and scan and post for opinions as to enforceability.

They 'may' write and say game over, no paperwork!!!!

They may just pass it on to another DCA

They may start up the whole chain of threatening letters again,

just let us know when the next 'action' happens

Ok, will keep you posted, thank you so much for all the help so far!

Keep trying to upload a letter I recieved today from a debt collection agency but it's telling me it's taking too long. I'm assuming there is a standard reply though considering this account is now in dispute. What shall I send back?

Yes, don't sign.

Good advice from Cartaphilus. Never sign any of these letters, simply type your title/name at the bottom.

I would add that it's also a good idea to leave just one line on the letter between the end of the text and your typed name. It just causes more hassle for anyone who might consider photocopying your signature onto a copy of a letter. Not that I'm suggesting they would... 8-)

Good luck.

I didn't leave more than one line. Thanks for the advice guys sent the letter first thing yesterday. Will keep you informed.

Letter Recieved today

http://img.photobucket.com/albums/v295/iamtiasmom/Capital%20One%20Stuff/CapitalOneCCAResponsepg1Edited.jpg

http://img.photobucket.com/albums/v295/iamtiasmom/Capital%20One%20Stuff/CapitalOneCCAresponsepg2Edited.jpg

http://img.photobucket.com/albums/v295/iamtiasmom/Capital%20One%20Stuff/CapitalOneCCAresponsepg3Edited.jpg

http://img.photobucket.com/albums/v295/iamtiasmom/Capital%20One%20Stuff/CapitalOneCCAresponseOriginalAgr-2.jpg

http://img.photobucket.com/albums/v295/iamtiasmom/Capital%20One%20Stuff/CapitalOneCCAresponseOriginalAgr-6.jpg

http://img.photobucket.com/albums/v295/iamtiasmom/Capital%20One%20Stuff/CapitalOneCCAresponseOriginalAgr-3.jpg

http://img.photobucket.com/albums/v295/iamtiasmom/Capital%20One%20Stuff/CapitalOneCCAresponseOriginalAgr-4.jpg

http://img.photobucket.com/albums/v295/iamtiasmom/Capital%20One%20Stuff/CapitalOneCCAresponseoriginalagr-5.jpg

This is the photocopy they have sent of the credit agreement, looks like my signature is on it but I did send several letters to them before I stopped signing them.

http://img.photobucket.com/albums/v295/iamtiasmom/Capital%20One%20Stuff/CapitalOneCCAresponsCreditAgreement.jpg