what should I do now - if anything

[Laura Cooke]

It`s what anyone personally thinks best but all them that have written to my hubbie want you to ring and he can`t speak and I am not speaking on his behalf the OC know the position from day one that they are not my debts and they won`t speak to me so we have stalemate none seem to want to do anything by letter so leave it with them

[flooz]

I've just realise why my letter to Fredricksons wasn't sent signed for .... they only provide a P O Box address. I didn't think you could send signed for to a P O Box no. Does anyone know of a correct postal address for them?

[Dotty50]

I sent mine recorded delivery to a PO address and they were signed for Flooz

[flooz]

I just asked at the PO Dotty, I thought if nothing else, can get proof of posting, but the counter-assistant accepted it for 'signed for'. So, this time I've done that.

 

Cap1 are now out of time (with several extensions) with a response to my SAR, and also to my official complaint, so ICO is the next step.

[gezwee]

How do you show the courts how amicable you have been when they do not have a enforceable CCA or DN? I don`t acknowledge letters from DC so looks as if I`m not being amicable but a third party with no assignment as no rights to discuss your account?

 

Hi LC

 

Being amicable does not necessarily mean making payment toward an alleged debt.

 

In Flooz's case she is attempting to resolve matters to an amicable conclusion by reminding the OC that their regime of charges will be recovered in order to reach a lawful and agreeable settlement figure.

 

Its always good to have the last word with any creditor and be able to show that their actions alone are at issue.

 

Doesnt mean you have to reply to every letter, just the ones that bring anything new to the agenda.

 

Have to be honest, I've only ever corresponded with 3 DCA's

 

CL Finance, went away after a CCA request

AIC, bugged me so I sued them for DPA non compliance..... won (by default - oops!) and now gone away

Capquest..... filed for SD and after a carefully crafted bugger off notice discontinued and agreed costs.

 

Gez

[Laura Cooke]

Gez

 

It`s always hard striking a balance between knowing what to do and not to do

 

As always one as to decide which advice to take you get so much advice but it`s so conflicting so each as to make a choice as to what they think is best for them:)

[Dotty50]

I just asked at the PO Dotty, I thought if nothing else, can get proof of posting, but the counter-assistant accepted it for 'signed for'. So, this time I've done that.

 

 

Signed for, is that normal post? Can you get a copy of the signed receipt?

 

If it is different to recorded delivery, I am not familiar with any other 'signed for' facility.

 

RD gets expensive when you are sending such a lot of letters so if your way is cheaper, I am all ears!

[flooz]

Sorry Dotty, I use the term 'signed for' as there are several options for sending which involve getting a signature and tracking. As far as I'm aware, recorded delivery is the cheapest.

[Dotty50]

Thanks Flooz, with you now!

[Laura Cooke]

When I have been in PO and someone as sent a signed for letter it is guaranteed next day delivery however it is £5 plus whereas a recorded delivery 1st class which requires a signature off the recipient which you get a receipt for and can check on Royal mail web site and print it off the proof of delivery and the signature it costs £1.15

[Dotty50]

Yes Laura, the guaranteed next day delivery is 'Special delivery', I would only use this if sending important documents, like passports or driving licence.

 

Just letters only require 'recorded delivery' IMO and it's just gone up by a penny!

[flooz]

Had a further letter from Carp1 today about a signature. I just didn't see the point in playing letter tennis any longer, they've had the signature, etc. So we took the chance and phoned to confirm ID, expecting them to try and discuss the account. Surprise surprise, they just accepted the confirmation of ID without any further attempts to discuss the account and have said the information will now be posted. I guess I shall just wait and see.

[flooz]

Letter received from 'The Freds' (I quite like that term), confirming they have referred the matter to their clients and have subsequently put my account on hold - something positive at last.

 

Now I just have to get the information I need from Cap1, who informed us when ID was confirmed on the telephone (which personally, I think is carp, I could still be anyone) would now be sent. Hmmmmm, I wonder.....

[flooz]

Still waiting for info....

[Dotty50]

Well flooz,

 

You should know by now that they do not rush!

[Laura Cooke]

Flooz hope when you eventually get it that it`s all your information not someone elses like mine!!!

[flooz]

Bundle of information received this morning, I shall be posting the relevant parts later today - watch this space, lol.

 

No doubt I shall be needing more advice and guidance

[flooz]

Ok, Don't really know where to start, and obviously there's simply too much to post here. So I shall post what I think is necessary....

 

Firstly the letter,

 

[flooz]

and now for the credit agreement they've supplied, which appears to be the same as previously supplied, although with a reverse page of T&C's

 

 

So, now I'm at a loss as to whether this 'agreement' is actually correctly executed.

 

One thing I'm really very unhappy about is that despite my being in correspondence with them for approximately 6 months now, trying to get this information, etc, and disputing the account, they have continued to add interest and charges for non-payment. I suspect that particular point would be reasonably easy to fight.

 

Any further opinions/advice would be very gratefully received.

[Dotty50]

Can you remember if it was 0% at the start (6months?)

 

The T & C's that I got indicated the same but mine was only for 3 months, which was clearly indicated on the statements that came with the SAR.

[flooz]

Hi Dotty

 

I believe it was 0% on balance transfers (not sure if there was a time limit on that though) and initially we did transfer a balance. (I'll check with husband when he finishes working).

 

Although Cap1 being Carp1, whenever a payment was made, it was 'taken' as reducing the 0% balance, as opposed to anything new (that's actually incredibly difficult to explain, lol). Likewise, in desperate times, we once used it for cash (which attracted a higher interest), and despite paying back the cash amount pretty much immediately, surprise surprise, the payment was taken as reducing the lower interest bearing amount.

 

They've provided a breakdown of each statement, but not copies of the actual statements. The breakdowns do not give details of what amounts are attracting interest at the relevant rates.

[Dotty50]

It's called 'hierarchy', not sure if spelling correct, but it's when the amount not attracting a juicy amount of interest is paid off first. I believe this is in the process of being outlawed at the moment.

 

No they don't give the interest on the statement lists, you have to calculate it manually!

[flooz]

I'm feeling very despondent at the moment, is there any point in my trying to claim anything back? Do I now have any right to argue with them?

 

Although I strongly feel that the penalty charges and interest added since first delving into this issue could by argued, but that doesn't amount to much.

 

One thing is bothering me greatly is why didn't they just produce this supposed agreement in the first place; As it's a photocopy, in my mind, there's still a possibility (albeit small) that the T&C's that now appear on the reverse side of the signature page are different or something. Am I clutching at straws, or is that a real possibility?

[Dotty50]

I know what you mean about feeling despondent, I have days when I wonder where this will all end but then buck myself up and carry on.

 

As far as what they have sent you, I have seen lots of these on other Cap 1 threads.

 

I do get inspired by reading successful threads, only trouble is, I spend more time reading than getting things done!

 

You certainly have every right to claim back what you can. I only had £400 worth of late fees over 9 years but when you calculate the contractual interest on top it nearly doubled this! Although only offered £40 so far!

 

Also trying for PPI and IF agreed, would clear the balance and give me some back!

 

Still waiting for their 2nd response but will keep pursuing it.

 

At least you can go behind the bar and pour yourself a swift one!

[flooz]

Thanks Dotty, but if that agreement IS correct, then surely I don't have the right to claim anything? I don't know I've been looking through the details of the statements, and it's hard to believe how the balance has mounted, so much of it just on day-to-day living when my OH lost his job. Now I just don't know how I'm going to pay it, unless I can find something they've definitely done wrong, AND get them to see that.

 

I guess I could have a 'swift one' (or even two or three) but I don't actually drink much, one of the pitfalls (or advantage depending on which way you look at it) or running a pub, is there's simply too much choice and if I can't make up my mind what to have, I settle for a coke. :-|