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Cap One (again)


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Ok, story so far, Cap One stopped sending statements, so I never knew when to pay it, then they started with the charges again, then they started with the phone calls, so much to an extent that we changed the phone number.

 

26th Jan this year I sent them the CCA, which they ignored, I got a letter from Power2Search telling me they were coming round to chat to me.

 

I sent them the bog off unless I make an appointment letter and informed them that the account was in dispute.

 

Cap One sent me a generic agreement, with nothing at all on it to say that it is relevant to me.

 

Power2Search came round, I explained the situation and he went away rather happy that I was in the right.

 

Then this week I get a letter from Cap One stating that they can't send me the CCA without me writing back to request it again, and to include my signature this time.

 

By this point, the 12 + 2 days and the additional 30 days are now up.

 

Today I received a letter from Fredrickson International, saying that they have been instructed by Cap One, and the balance is now due in full, and I have to contact them.

 

So, what do I do now? Cap One have defaulted, the letter reads like they have sold the debt to Fredrickson (as it is them that want paying), so which letter do I send to who?

 

Many thanks

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Capone have committed an offence by not supplying the information you requested in the time limit, so report them to the authorities as well.

Do not supply any signature whatsoever.

If Capone couldnt supply what you asked for then Freds certainly wont be able to...so a simple get lost should do the trick.

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Yes I sent the £1, and yes I sent it by recorded delivery and yes I have the proof they received it.

 

Like I say, I got the generic one size fits all within the 14 day limit, but no signature or anything on it, and that's what I said to the guy from Power2Search (I think my letter to them hadn't actually got there when he came), he just told me no problem and away he went.

 

I am guessing that he reported back to Crap One, and they have realised that I am not happy with the crap they sent, so are trying the 'we really need you signature to action this' response.

 

But, they know the account is in dispute so why have they passed it along, and are they still the one that 'owns' the supposed debt, or have they sold it to Fredrickson?

 

I guess a letter to the OFT etc is in order, but which sod off letter goes where?

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Thats how the DCA's work - they will just pass the account around the industry like a game of pass the parcel.

They dont operate to rules & the laws - it all has to be enforced upon them.

Its no use trying to understand why they have or havent done a specific thing - thats DCA's from top to bottom for you.

They would rather you didnt question a debt at all & just paid up.

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It seems Delta that you're being mis-guided somewhat here.

 

Certainly all correspondence should always be sent recorded delivery, be it to a DCA or Creditor, and it's always worth checking that the tracked letter has been signed for.

 

Without this as evidence that the letter was posted and received, there really is no point reporting anyone to anyone (i.e. OFT etc), especially as appointments don't have to be agreed unless specifically requested and acknowledged, the fact that you then discussed the matter with the guy on the door also contradicts this request.

 

If the account is in dispute it is the responsibility of Cap 1 to resolve, not the DCA, therefore I wouldn't even bother with the DCA and just write to Cap 1, with evidence. If you've done that with no response I wouldn't worry.

 

Edit : It is also Cap 1 who are at fault for re-issuing your account to another DCA, not the DCA themselves. Contrary to popular belief it is Cap 1 who instruct your account here, not the DCA.

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