Capital One

[1sun1shine]

Can any one please help me, i have been fighting this for ages and i am sure they have not supplied me with the right information as requested by the credit consumer act.

I have sent a letter (n) to this company and this is what i have got back, please help:

 

 

 

Following you recent request to be provided with a copy of the original credit agreement in respect of the Consumer Credit Act i can confirm out client Capital One has requested that your credit agreement be retrieved from archive.

 

Once you agreement is retrieved you will be required to repay the outstanding balance in full. If deemed necessary, we may initiate legal proceedings which could eventually see your outstanding balance increased due to court costs and interest.

 

if you have any queries regarding the above please contact us on **** *** ****

 

 

 

i also have requested the same information from halifax credit card on 15th june 2009 and have not heard anything, what is the time scale they have to reply?

[silverfox1961]

Hi,

I'm assuming the Capital One debt is with a DCA as they are asking their client to retrive it.

 

Either way, they are both in default of your request so send an account in dispute letter. I like this one:

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/172071-letter-co-solicitors.html#post1856406

 

Don't forget to send recorded delivery and don't sign, just print, your name

 

fox

[evancosmo]

These are just idle threats until they find the agreement. After 12+2 working days they are in default; after a month they've committed an offence. When the was Cap1 agreement started & who is it with now? The older the agreement the less likely they are to find one (I'm not even sure Cap1 ever did produce a properly executed enforceable agreement!) but be prepared to be fobbed out with a load of old cobblers & having to stand your ground.

 

Good luck

[1sun1shine]

hi thanks for the replys i am going to tey that letter with both of the companys sliverfox much apriciated x

[1sun1shine]

i tried the letter to the previous posted link and capital 1 have replyed and closed the account so that almost 900 wiped for now but i still have had no response from halifax to any of my letters ! what should i do now or should i take it that they have given up ? the address they have is a c/o address and my mum moves out of it on fri so will i need to give them a new address?

[silverfox1961]

You say Cap1 have closed the account. In what way? Have they terminated the account? If so, expect a DCA to contact you.

 

With Halifax, it would be better to give them an address to contact you at as if they took you to court without a current address, they could get a judgement in default as you wouldn't receive the court papers.

 

While they haven't responded, they are still in default of your request so they can't enforce payments until they do.

 

fox

[1sun1shine]

The captal 1 letter reads :

 

we refer to your recent request for a copy of the original credit agreement for this account.

 

After liaising with capital one in an effort to obtain this document we have been advised that is it no longer available due to the length of time since the account was opened with you.

 

At this time we have closed our file and will not make any further contact with you concerning payment against this account unless the copy of the agreement is recieved at some point in the future from capital one,

 

if you have a queries regarding the above please contact us on **** *** ****

[silverfox1961]

That's a good letter to get. Keep it in a safe place. They are saying that they aren't going to chase you for the debt.

Beware that they still may sell it on to another DCA and they will start chasing but just send a copy of that letter and they will bog off

[1sun1shine]

im having trouble finding how to start a new thred as it seems the site has changed ! can anyone help meeeee lol

[silverfox1961]

im having trouble finding how to start a new thred as it seems the site has changed ! can anyone help meeeee lol

Hi again

Depends on what issues you are having. Tell me that and I can direct you

[1sun1shine]

i recieved a letter from mackenzi hall regarding a RBS creit card telling me i have a outstanding balance of £601 i am unsure of which brand this credit card is only thing i am aware of from a phone conversation is thats its from back in 2005 ! can i still request the origional credit agreement? does it still work in the same way as previoulsy ? many thanks

[silverfox1961]

I have moved your query here

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?314305-1sun1shine-v-Muck-Hall