Intrum J Captal one Card

[Andy01]

Intrum Justitia DCA company keep taking my money for Captal one Card although it was £1 a month since sept 2006. I spoke to them last week and they said they do not have this account with them since 2006 and they kept making their demands for money. When I asked why didn't the company inform me that they do not handle this account , their reply was sorry they will look into this and will come back to me. I got a written letter after my inqury stating that "please we don't have this account any more". What happens with all the money I have been paying to them? they have been taking my money without any written authority from the Creditor:evil:.

Metropoliton Servces Control another DCA Had my Capital One another account and When I asked them They said my account has been setteled by Capital one And why I have been phonig them. I never settle my account with them. If my account was settle so wmy they kept taking my token £1 money.

 

Any suggestion Please . Am I doing write asking for CCA's at this stage after 10 ys

 

Today I got reply from IJ

 

 

http://i698.photobucket.com/albums/vv342/Andy01/Intrum1.jpg

http://i698.photobucket.com/albums/vv342/Andy01/intrum2.jpg

 

So I think that should have been their job to pass this request to NW or CAP1

Next step please

[cerberusalert]

You don't have to do anything except cease both payments. I doubt very much if Cap1 will get back in touch after the a/c was returned to them & the Natwest a/c is in dispute until an enforceable CCA is produced anyway.

[Andy01]

Hi thanks can you look into my other thread "Andy01 V BOS&BOS 2000" please

[cerberusalert]

supasnooper has answered it.

[citizenB]

Hi Andy, just to let you know I did pop in, looks as though you are being well looked after

[Andy01]

Intrum Justitia DCA company keep taking my money for Captal one Card although it was £1 a month since sept 2006. I spoke to them last week and they said they do not have this account with them since 2006 and they kept making their demands for money. When I asked why didn't the company inform me that they do not handle this account , their reply was sorry they will look into this and will come back to me. I got a written letter after my inqury stating that "please we don't have this account any more". What happens with all the money I have been paying to them? they have been taking my money without any written authority from the Creditor:evil:.

 

Hi Guys the quote above was my first on this thread. Now I got a letter from robin way after almost 9 months later asking for Capital money. I am sending them this can you check this please.

 

Dear Sir/Madam,

To whom it may I concern, I am bemused as to why this account has been passed to you

as I made a CCA request to original DCA company “Intrum Justitia” on 18th May 2009 and they returned the account back to Capital One. Although up to that point they had been taking my £1.00 pcm.

I replied to them regarding my position after they were unable to meet my CCA request.

Almost after three and half month later however your company has been lumbered with this account and I am in receipt of your letter dated 29th Jan 2010 which I received today 1st Feb 2010.

This account is in dispute with “Intrum Justitia” and has been since they are unable to meet with my CCA request made on 18th May 2009. Instead of replying with my request they have returned the account back to Capital One

Quoting: As we are NO longer handling the Capital One account we do not holding a copy of agreement.

Not only is this a breach of the Consumer Protection From Unfair Trading Regulations 2008 in line with the Office Of Fair Trading's debt collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

 

My previous request from 18th May 2009 has NOT been answered satisfactorily and they are in breach of CCA 74.

 

As Intrum justitia, who has been acting on behalf of Capital One, are now in default of my Consumer Credit Act agreement request and have also breached *s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.

 

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Now I would respectfully suggest that this account is returned to the original Creditor/DCA for resolution of these defaults and breaches, as you are a new DCA cannot lawfully pursue any enforcement activities.

 

If your company chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

After taking advice, I am of the opinion that any continued pursuit is in violation of the Consumer Protection from Unfair Trading Regulations 2008 in line with the Office of Fair Trading Collection Guideline.

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

[citizenB]

Intrum Justitia DCA company keep taking my money for Captal one Card although it was £1 a month since sept 2006. I spoke to them last week and they said they do not have this account with them since 2006 and they kept making their demands for money. When I asked why didn't the company inform me that they do not handle this account , their reply was sorry they will look into this and will come back to me. I got a written letter after my inqury stating that "please we don't have this account any more". What happens with all the money I have been paying to them? they have been taking my money without any written authority from the Creditor:evil:.

 

Hi Guys if this quote was my first on this thread. Now I got a letter from robin way after almost 9 months later asking for Capital money. I am sending them this can you check this please.

 

Hi Andy,

 

IMHO, writing reams to these guys only confuses them.. The letter below should sort them out.

 

 

 

Dear Sir/Madam,

 

Account Number

ACCOUNT IN DISPUTE

 

I am rather confused as to why you have been asked to pursue this account.

 

The account is in dispute with the original creditor and has been since 18th May 2009.

 

This account has recently been returned to the original creditor by another DCA as they recognised there is a legitimate dispute.

 

May I respectfully suggest that you too, return the account to the original lender in order for them to resolve this long standing dispute.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

[Andy01]

Thanks again CB

[Andy01]

HI Cerber/CB Please lookinto this thanks

 

This is the letter I send them to Robinson,s in house solictors.

 

Horwich Farrelly

London Scottish House,

Quays Reach,

Carolina,

Salford

M50 2ZY

Dear Sir/Madam,

Your Ref:

Account Number(Ex-Capital One, Robinson way ltd)

ACCOUNT IN DISPUTE

 

I am rather confused as to why you have been asked to pursue this account as you client Robinson way Ltd received my reply regarding the above account on 1st of Feb 2010 at the same address above.

The account is in dispute with the original creditor and has been since 18th May 2009.This account has recently been returned to the original creditor by another DCA as they recognised there is a legitimate dispute.

 

May I respectfully suggest that you too, return the account to the original creditor in order for them to resolve this long standing dispute?

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

This means you must request your client to remove all information regarding this account from their own internal records and from my records with any credit reference agencies

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you only in writing.

 

Yours faithfully

 

And now I recieved this letter regarding Capital 1 account.

http://i698.photobucket.com/albums/vv342/Andy01/RobinCap1.jpg

 

But please look at the top #1 post on this thread. I was paying to Intrum Justitia not to Robin way but they are claiming that they got the account since 2007. I NEVER paid any penny to them EVER or I never got any correspondence from them since I complain to intrum June 2009.

 

So what do you advice Shall I write to them by saying NO Knowledge or ask them for a copy of this a/c's CCA. Please read #1.

Edited April 16, 2010 by Andy01

[citizenB]

Hi Andy,

 

Ok, you posted in February 2010 that you had just received a letter from Robinson way saying that you were to pay the money to them.

 

However, this latest letter suggests that the account was assigned to RW in 2007 ??

 

Also, how have you been paying this money by postal order, cheque, standing order ?

 

Can you let us know exactly when Robinson Way wrote to you asking for money?

[citizenB]

I think we also need a more accurate timeline from you.

 

You were paying Capital One until... what date

 

Who then had the account next, Metropolitan Collections or Intrum Justitia and from what date until what date were you paying these companies.

 

Did you continue paying whilst you asked for copies of the agreements if not, when did you stop paying.

 

Again, when exactly did Robinson Way write to you saying they had been assigned the account ?

[Andy01]

Thanks for reply CB

 

It was all before I come to know this helping site. Ok Let go!

 

I was paying £1.00 each month to IJ for my Cap1 card. Its only when I called to IJ for confirmation if they have recieved my letter for full and final settlement on 7th April 2009.

 

On that time they told me that they are no longer holding or acting for Cap1. They said that they have return this a/c to Cap1 since 4th Sep 2006. At the same time within a day they replied to me this

http://i698.photobucket.com/albums/vv342/Andy01/Cap1.jpg

 

After that I wrote a complaint letter on 18th May 2009:

 

Intrum Justitia Limited

5th Floor, The Plaza

100 Old Hall Street

Liverpool

L3 9QJ

　

　

2.Your Ref: xxxxx (Capital One xxxx)

　

Dear Sir/Madam

Complaint

I have sent all my creditors the same pro rata (quoting 1st April 2009 correspondence) offer to settle their accounts. I contacted INTRUM JUSTITIA for their reply to my request for, No 2 reference above, on 7th April 2009. I have been informed by your company that they are no longer holding my account since 4th Sept 2006 and my account has been taken by THE creditor (Capital One).

I had NO written acknowledgement letter by your company to inform me that you are no longer responsible of the above. I only received one letter from you after my inquiry last month, which I received on 11th April 2009. I had been paying £1 each month to your company account regularly since September 2006.

Your company has been collecting money from me, since Sept 2006, without the creditor’s written consent and under Consumer Credit Act 1974 (section77-79).

Moreover you have continued to make unlawful demands for payment contrary to s.78 (6) of the CCA 1974 and the Consumer protection from Unfair Trading Regulations 2008 (CPUTR)

Furthermore, Under the CPUTR 2008 failing to comply with code of conduct to which you have subscribed is unfair trading.

I would like your written explanation for the above Ref No 2 account and detail of all the money which I had been sending each month since Sept 2006, before making any complaints to the relevant (OFT, The financial Ombudsman)

In view of the above I would like you to forward me information as required by me set up below:

Please DO NOT IGNORE this:

With reference to the above all agreements, I would be grateful if you would send me a signed copy of the above credit agreements and a full breakdown of the account including any interest or charges applied. I understand that under the Consumer Credit Act 1974 [sections 77-79]; I am entitled to receive a copy of any credit agreement and a statement of account on request.

I enclose a payment of £2 (£1 for each account) which represents the fee payable under the Consumer Credit Act 1974.

I understand a copy of any credit agreement along with a statement of account should be supplied within 12working days.

I understand that under the Consumer Credit Act 1974 creditors are unable to enforce an agreement if they fail to comply with the request for a copy of the agreement and statement of account under these sections of the Act.

I look forward to hearing from you.

Yours faithfully

 

I recieved reply of my complaint is this on 29th May 2009

http://i698.photobucket.com/albums/vv342/Andy01/Cap2.jpg

And another letter on 2nd June 2009

http://i698.photobucket.com/albums/vv342/Andy01/Cap3.jpg

Now that was my last communication with any DCA until thi Jan2010 I got a letter from Robin way that they are handling this account . All the time I never paid even token £1.00 to any one.

 

http://i698.photobucket.com/albums/vv342/Andy01/Cap4.jpg i got this in this Jan 2010 and my reply to them #7 on this thread:

 

Dear Sir/Madam,

 

Account Number

ACCOUNT IN DISPUTE

 

I am rather confused as to why you have been asked to pursue this account.

 

The account is in dispute with the original creditor and has been since 18th May 2009.

 

This account has recently been returned to the original creditor by another DCA as they recognised there is a legitimate dispute.

 

May I respectfully suggest that you too, return the account to the original lender in order for them to resolve this long standing dispute.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

 

Then I got a letter from their in house solicitor;

http://i698.photobucket.com/albums/vv342/Andy01/Cap5.jpg

 

My reply was #9:

This is the letter I send them to Robinson,s in house solictors.

 

Horwich Farrelly

London Scottish House,

Quays Reach,

Carolina,

Salford

M50 2ZY

Dear Sir/Madam,

 

Your Ref:

Account Number(Ex-Capital One, Robinson way ltd)

ACCOUNT IN DISPUTE

 

I am rather confused as to why you have been asked to pursue this account as you client Robinson way Ltd received my reply regarding the above account on 1st of Feb 2010 at the same address above.

The account is in dispute with the original creditor and has been since 18th May 2009.This account has recently been returned to the original creditor by another DCA as they recognised there is a legitimate dispute.

 

May I respectfully suggest that you too, return the account to the original creditor in order for them to resolve this long standing dispute?

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

This means you must request your client to remove all information regarding this account from their own internal records and from my records with any credit reference agencies

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you only in writing.

 

So today I got this http://i698.photobucket.com/albums/vv342/Andy01/RobinCap1.jpg

 

This full story WOWWWWWWWW

Please take time and HELP

I was paying IJ by online banking.

Edited April 16, 2010 by Andy01

[citizenB]

Ok Andy, Here you go. No need to say more.

 

Horwich Farrelly

London Scottish House,

Quays Reach,

Carolina,

Salford

M50 2ZY

 

 

Your Ref:

Account Number(Ex-Capital One, Robinson way ltd)

ACCOUNT IN DISPUTE

 

Dear Sir/Madam

 

I am in receipt of your letter dated 15th April 2010.

 

In your letter you state that Robinson Way, your client, has been in possession of this account since 2007.

 

The first communication received from your client Robinson way, was on the 29th January 2010.

 

I am now of the opinion that you are trying to mislead me and I must insist that you provide evidence of any assignment.

 

As far as I am concerned this account is in dispute with the original creditor, Capital One and remains so.

 

I look forward to hearing from you in respect of this matter.

 

Yours etc.

 

Andy01

[Andy01]

Thanks CB You are a Star. God bless You. have a Good weekend!

[citizenB]

Thanks CB You are a Star. God bless You. have a Good weekend!

 

You have a good weekend as well, Andy

[Andy01]

Hi CB/Cerber

here we go again. Got this reply today similar to the last one.

http://i698.photobucket.com/albums/vv342/Andy01/RobinCapHF.jpg

I printed my bank stament as I could only go back March 2009. You can see in the statment clearly and I am perfectly sure as I was sending £1.00 to Intrum J NOT to Robin way.

http://i698.photobucket.com/albums/vv342/Andy01/smileacst.jpg.

 

So I don,t know what are they talking about If you see 2 different ref'erences. Robin were only handling my Halifax loan account but NOT Capital one. As in my last post IJ accepted only when I found out when I requested CCA. http://i698.photobucket.com/albums/v...ndy01/Cap3.jpg

 

Since than I never paid any penny to any one. So what would be my reply to them now. I am confused. Help PLZ. Thanks

[citizenB]

Andy, send the 1st letter to Horwich Farelly

 

Horwich Farelly

 

Dear Sirs,

 

Ref No:

Robinson way - Ex Capital One account.

I acknowledge no debt to any company you represent

 

With reference to your letter dated 22 April 2010.

 

I am not prepared at this stage to provide copies of a personal financial nature to a company I have no knowledge of.

 

If your client continues to insist it has control of this account, then please be good enough to provide any Notice of Assignment and also proof that it has been receiving monies from me during the period you claim.

 

Please note, I am so concerned at the nature of your letters that I have written to Capital One to confirm they have assigned this account to you.

 

I look forward to hearing from you.

 

Yours etc,

 

******************************

 

send the following letter to Capital One.

 

Capital One

Account Number (use the original capital one account number)

 

I am receiving letters from the solicitors of a company called Robinson Way.

 

They claim to have ownership of the above account number.

 

I would therefore be obliged if you could advise when you assigned this account to them.

 

I look forward to your early response

 

Yours faithfully

 

******************************

 

Then the next one to Interum Justitia

 

Dear Sirs,

 

Ref; (Use the account reference that Interim Justitia used on correspondence to you)

Ex Capital One Account - Ref Capital One account number.

 

 

I made payments to the above account via standing order (or whatever) during the period DATE to DATE.

 

I am now receiving letters from the solicitors of a company called Robinson Way saying that monies are owed to them and NOT you. Would you please advise at what point this account was transferred and in what manner.

 

I look forward to your early response

 

Yours etc..

 

You may want to wait until cerb looks in to confirm that this action is correct, it is however, what I would do.

 

HTH

Edited April 24, 2010 by citizenB

[Andy01]

Thanks CB But for as adviced to write 3rd letter This reply below I got from them Last year after makong my complaint to them (IJ)

http://i698.photobucket.com/albums/vv342/Andy01/Cap1.jpg

 

Complaint letter is in #12.

 

Meanwhile I will write to them on Monday. Thanks for replying over the weekend and have nice one!

[citizenB]

Hi Andy, sorry I forgot that you had contacted IJ in respect of this. So you wont need to write to them again as they obviously sent it back to Capital One.

 

So just write to Harwich Farrelly and Capital One to see what is going on.

[Andy01]

Hi CB, Cerber

 

I got the reply from Horwich farely and all their reply is a big LIE. On every letter they got my first name wrong.

http://i698.photobucket.com/albums/vv342/Andy01/HFcap1.jpg

 

Check next letter of assignment even in hurry they forgot to print their address on th top. Don't you think if robinson way had been assign by Capital one then letterhead should be from Capital one not their own.

 

http://i698.photobucket.com/albums/vv342/Andy01/HFcap2.jpg

 

Now next 3 pages are regarding that they are claiming I was paying to them but my true opinion with an evidence from bank staements that I never paid to them for capital one. Like I said was paying to IJ with not the same reference . they made all these pages with this new ref no on them or they printed from my another account which I am paying £1.00 token money. I can not say enough that I never paid any thing to them. They got my name wrong on all of them and also if you look this account was even written off at some point.

 

Even each page shows the same balance.

I think I should let them to take me to court.

I am waiting for Capital one reply too.

Or I should ask them for CCA see if they can make that. they don't now my first name either .

http://i698.photobucket.com/albums/vv342/Andy01/HFcap3.jpg

http://i698.photobucket.com/albums/vv342/Andy01/HFcap4.jpg

http://i698.photobucket.com/albums/vv342/Andy01/HFcap5.jpg

 

Advice please and Thak you again

Edited May 1, 2010 by Andy01
spelling

[citizenB]

Hi Andy,

 

I sense a little bit of stress creeping in:( Try not to let this pick away at you:)

 

Right, a Notice of Assignment can come from either the new (alleged) owner or the original Creditor. So that isnt anything to worry about at the moment.

 

I think we need to cast around other CAGers and see what kind of letter heading was being used by Robinson Way at the time that letter is dated. Also, does it look like a proper copy to you..or does it look as though it was printed off as new ?

 

Also, it is usually common practice for a new company to use their own reference numbers so that may not be a major problem. Do they show anywhere, the original Capital One reference ?

 

There are as you say, one or two things that need clarifying. If monies has been paid into this account regularly.. why has the balance not gone DOWN. The balance on the bottom of each page shows the same outstanding balance.

 

You say you have bank statements showing the amounts during the period of RW's statement above as being paid to Interim Justita, Yes ?

 

I have some visitors at the moment.. but as soon as they go, in a couple of hours. I will come back.

[citizenB]

righto, lets go back over this again.

 

Robinson Way DO have your Halifax account. Do those amounts and dates on their statement above correspond with the dates and amounts that you paid to them in respect of the Halifax account ?

 

You wrote to Capital One recently asking them to confirm that they did in fact assign the Capital One to Robinson Way. I am guessing you havent had a response yet.

 

I think perhaps another more "urgent" letter needs to go to Capital One because now you really need to know why they didnt write to you to advise that the account had been recalled from Interum Justitia on 30th August 2006. On what date they allegedly assigned the account to RW amd what was the balance at the time of assignment, what happened to the monies that you paid IJ which they say they passed on to Capone.

 

As far as you are concerned, you have statements showing the payments that RW claim to ahve received, being paid to IJ, who further say those payments were then passed on to capone.

 

How did you make your payments, was it by cheque, postal order or using online banking transfer ?

[Andy01]

Hi CB Thanks for replying through your busy period and weekend.

1.I alway paid to IJ by online banking and my statemennts shows that.

2. Yes I am still waiting reply from Capital One.

3. I was paying every creditors on 10th of each month

4. RW sent me my SAR for halifax account and date of payment is the same and seems right but this letter's layout is exectly the same but dates are always different. It shouldn't be.

 

By the way You was right I am stressing and try to calm my self down.

What's your opinion if I request CCA?

[Andy01]

Sorry last awnser yes It seems the assignments letter is newly printed

[citizenB]

Hi Andy,

 

I can understand you getting stressed.. there seems to be one hell of a muddle here and it needs sorting.

 

Most certainly you should request a copy of the agreement. Neither IJ or Capital One have provided you with one have they ?

 

I will draft a letter for you to Horwich Farrelly. I am not happy with their response to your letters and there are still many questions that need answering.

 

BRB