My Fight With Capital One

[gordy1964]

Hi All

 

First things first, I have donated to this amazing site which I have been viewing for some time now, keep up the good work,

 

Here goes for my first posting.

 

I will try and keep this as short as possible

 

June: CCA request sent c/w £1 PO, unsigned and recorded delivery

 

June: Letter received from Cap1 requesting I pay £1 "I'm confused :shock:"

 

July: Account In Dispute letter sent explaining thatmy £1 PO was enclosed

 

July: Letter received explaining that they have no record of payment received although they failed to mentioned this in their 1st letter

 

Aug: Sent 2nd Account In Dispute letter explaining their incompetence over my enclosed fee and that they never mentioned it in their 1st letter

 

Not had any response to my last letter or a copy of my Original Agreement. Like most of us on here I receive 4-5 phone calls a day to my mobile and house phone which I ignore, occasionally I have spoken to them and after I tie them up in knots and refuse to be hassled and explain that I sleep well at night they hang up.

 

During the last few months I have received lots of letters explaining default sums and interest applied, and eventually received the token DN, but given 28 days from the date of issue.

 

The phone calls have now ceased and a couple of days ago I received a termination letter which according to "Cerberusalert" is what I needed.

 

My questions to you all on here are as follows......

 

Has anyone else not received their OA, even a made up one, and had a termination letter ?

 

Also is there anyone alot further down the road who can give me some advice of whats to come ?

 

I have a similar battle with our friends at MBNA but will start a different thread for that

 

My advice to anyone who reads this, is that I never let them get to me by letter or phone calls, as long as you have your health the amounts are just figures on a ststement, so keep positive as you're not alone on here

 

PS I owe over £10K !!!!!

[gordy1964]

I have received today a letter from FTC Total Credit Management saying that they have been appointed by Cap1 to secure the outstanding amount by 31st Oct or they will instruct DCA's who will use varying stetegies to recover the alleged debt !!!!!

 

I think I will send them my correspondence with Cap1 "CCA etc" and inform them that the account is in dispute and also that they have failed to respond.

 

Anyone else at this same stage ?????

[cerberusalert]

Send them the 'bemused' letter.

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/574-letter-when-account-has-been-passed-on-whilst-agreement-request-is-in-dispute

[gordy1964]

Hi Cerberusalert

 

Thanks for that, will do

[gordy1964]

Sent the "Bemused" letter to CapQuest on Friday 11th Sep which should keep them busy.

 

Spoke to Royal Mail today and they confirmed that the Postal Order I sent with my CCA request was cashed on 22nd June !!!!!

 

Funny that they sent me 2 letters saying that they have no record of receiving the £1.00 fee.

 

The information is now logged for future reference, all part of the game I suppose

[Desperate Daniella]

Hi Gordy,

 

For all the updates and fun on capone, do join the official capone fanclub - Just Recieved A Signed Capital One Agreement keep you up to speed on our proposed trip to Nottingham to view our agreements - with picnic (depending on the weather).

 

DD

[gordy1964]

Hi DD

 

I can't see Cap1 agreeing to letting you go to their offices and view your aggreement, but if they do let me know !!!!!

 

Where's the Cap1 fan club on here, had a quick look but no luck need to go to work now

 

Gordy

[gordy1964]

Received a response from FTC (CapQuest) to my bemused letter I sent, they have put my account on hold till end of Sept whilst they investigate the matter.

 

Isn't that nice

[gordy1964]

Hi All

 

Just thought I would update everyone with my fight with Cap1

 

Since I sent the bemused letter to CapQuest, I spoke to someone only once who could not answer any of my questions and said that the account would be put on hold until end of Sept. Heard nothing from them since until I had a letter from Cap1 explaining that their "Specialist Team" sent their final response to my request in Sept (INCORRECT) and that they do not intend to continue with protracted correspondence of this matter. They also said that I need to pay monies to CapQuest and that they will continue their collections activity until the debt is paid etc etc.

 

I of course replied with "Account In Dispute Letter number 3" explaining that the last letter I received was in July asking me for the £1.00 fee although I had proof that they cashed it in June,:-? "So that has not gone well for them" I also explained that any protraction of this matter has been caused by Cap1's incompetence.

 

Not heard anything from either Cap1 or CapQuest for weeks now !!!!!!

 

Keep up the good work :grin:

 

Gordy

[gordy1964]

Hi All

 

Finally after 3 seperate "Account in dispute" letters and nearly 5 months after my original CCA request, Cap1 have sent my alleged agreement. They said that they were sorry I didn't receive it in Sept (Funny I never received it) although they state that it is not required under Section 78 of the CCA 1974 ??????

 

They forgot to apologise for insisting they never received my payment, it was only after I told them the date they cashed the PO that they investigated it and said they received it (What Incompetence)

 

Can anyone advise on the agreement they sent me, they also attached 5 A4 pages of current T & C's (Links below) hope they work

 

Also when I applied for the card it was refused until I wrote a snotty letter and then received a phone call to say that they would issue a card.

 

http://i737.photobucket.com/albums/xx17/g0rdy1964/CapitalOneAgreementPage1-1.jpg

 

http://i737.photobucket.com/albums/xx17/g0rdy1964/CapitalOneAgreementPage1.jpg

 

Any help would be much appreciated

 

Gordy

[gordy1964]

Bump

[cerberusalert]

This agreement looks a bit strange. I notice that it was taken out in 2005 yet if you look at column one under 'Other Financial Information' it refers to 2007?

[gordy1964]

Thanks once again Cerberusalert

 

Today I have received a letter from Fredricksons demanding immediate payment, I have been ignoring the phone calls as usual.

 

CapQuest seem to have given up, does that mean Fredricksons have bought the debt ??????

 

In the meantime I will send the "Bemused Letter" as this seems to a good response.

 

Gordy

[gordy1964]

Hi Caggers

 

Thought I would update everyone with my fight with Cap1

 

After bemused letter sent ln Nov'09 to Fredrickson's, they wrote informing me that the account has been placed on hold until further notice

 

An unbelievable 6 months passed before I received a "Letter Before Action" from Fred's in June'10 with all the usual threats about court fee's, solicitor charges and interest etc etc, of which I replied immediately informing them that the account has been on hold since Nov'09

 

As per the norm I had no reply, and yet another "Letter Before Action" was received in July'10

Still no reply and then in August'10 I received a standard request for full payment with a special barcoded payment card to enable easy payment at my local supermarket.(How Nice)

 

Still no reply to my letter sent in June, but a new company has joined the party by the name of "Bryan Carter Solicitors" who kindly sent me a letter in August'10 demanding full payment or else!!

I naturally sent them a letter expaining that I have not had a reply to my June letter sent to Fred's, but as yet not had a reply from them either

 

Today I have recieved a letter from Cap1, advising me that the account is no longer being managed by the DCA acting on their behalf, but has now been returned to them and could I kindly continue making payments to directly (The last payment they recieved was back in July'09) "left hand and right hand comes to mind here"

 

Could I kindly ask if anyone on here is 18 months or more into a dispute with our freinds at Cap1, and have had their account doing the rounds and now back with them ?

Also has anyone managed to negotiate a settlement of around 10-15% ?

 

Keep up the good work