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what should I do now - if anything


flooz
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Sorry Flooz, highjacking again.

 

Good luck with ICO, it seems they take a while.

 

Incidently I sent them a signature for mine with a little added extra and they sent it without any further delay, things missing which I wrote back for has been ignored and I am presently trying for PPI and charges reclaim.

 

Just off to get a bottle!!!!!;)

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:Dhonestly, what are you lot like ;-) the mere mention of alcohol.......

 

I shall be putting together my case to the ICO tomorrow - it'll keep me busy for a while.

 

Hehe, me thinks we'd be your bestest customers. None of ya cuddling the half a shandy for an hour in this house :lol:

 

Good luck with the ICO, have to be honest they've been very helpful to me in the past and will act where they deem necessary.

 

If they do need to 'chat' to Crap1 there is of course a fee for them (Crap1) to pay :grin:

 

Gez

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Oh, it's my lucky day.... Letter received today from Frederickson's, as follows:

 

Dear ....

 

Your Capital One Bank (Europe) plc account, which is seriously overdue, has been referred to us for debt collection.

 

You must contact us on receipt of this letter on 08458396093 to make a payment to bring your account up to date. If we do not hear from you action to enforce the debt may be taken against you without further notice.

 

Please do not ignore this letter - the debt will not go away.

 

Yours sincerely ......

 

So, I was right - it is FPC, and I guess they're right I shouldn't ignore their letter, so I shall look through the posts and library to find a suitable response.

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lol........... shame on you for forgetting the important things in life - says he, cuddling a bottle of finest Morissons ZA merlot :lol:

 

 

 

The merlot is £2.99 at Aldi saw it today concerning the ICO will you get a reply? they around 8 months behind with their cases, they have acknowledged all of my complaints but said they way behind and don`t know when they will get to deal with them

Edited by Laura Cooke
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Letter done ready to be posted tomorrow (Fredrickson's letter that is).

 

Now, another thought has come into my head..... If Cap1 were so unsure of my identity, how come they thought it was perfectly ok to divulge sensitive information to a third party?

 

Do you think this warrants yet another letter to them regarding this? Or should I just let it lie?

 

I'm also assuming that the alleged debt is still with Cap1, just FPC acting on their behalf. Yet again, without a proper CCA how can anyone justify the collections procedure?

 

With regards to the ICO, I'm just trying to decide whether to file the complaint on-line, or through the post - I don't suppose it matters. I believe it will be correct to JUST send the letters directly pertaining to the Data request?

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Now, another thought has come into my head..... If Cap1 were so unsure of my identity, how come they thought it was perfectly ok to divulge sensitive information to a third party?

 

Do you think this warrants yet another letter to them regarding this? Or should I just let it lie?

 

Very good point Flooz, if you have the time and inclination I would be sending another complaint to them.

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Letter done ready to be posted tomorrow (Fredrickson's letter that is).

 

Now, another thought has come into my head..... If Cap1 were so unsure of my identity, how come they thought it was perfectly ok to divulge sensitive information to a third party?

 

Do you think this warrants yet another letter to them regarding this? Or should I just let it lie?

 

I'm also assuming that the alleged debt is still with Cap1, just FPC acting on their behalf. Yet again, without a proper CCA how can anyone justify the collections procedure?

 

With regards to the ICO, I'm just trying to decide whether to file the complaint on-line, or through the post - I don't suppose it matters. I believe it will be correct to JUST send the letters directly pertaining to the Data request?

 

the more letters and complaints you write to them now- the more they will know that they are getting at you

 

my advice, unless they raise a point which is new- is to simply file unanswered

 

or, if you WANT to play games- just write "one liners"

 

dear sirs

 

I have received your letter of XXXXXXXXX and note the contents

 

Y F

Edited by diddydicky
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Thanks DD.

 

They are getting to me, but I'm very stubborn too.

 

I was just thinking along the lines of pointing out as often as possible that they are procrastinating :rolleyes: and I'm the injured party ;-).

 

You're probably right, I'll concentrate on the complaint to ICO. Do I send a copy to Cap1?

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Thanks DD.

 

They are getting to me, but I'm very stubborn too.

 

I was just thinking along the lines of pointing out as often as possible that they are procrastinating :rolleyes: and I'm the injured party ;-).

 

You're probably right, I'll concentrate on the complaint to ICO. Do I send a copy to Cap1?

 

i wouldn-t - but i think the ICO will expect you to have exhausted the OC;s complaints proceedure before they will deal with it

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Oh, I hadn't given any thought to Cap1's official complaints procedure, I shall look through the pile of documents/letters/leaflets I've got from them to ensure I do everything correctly.

 

It seems a bit like employment tribunals, having to following your employers complaints procedure before going to tribunal. Still I guess that separates the wheat from the chaff :|

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Oh, I hadn't given any thought to Cap1's official complaints procedure, I shall look through the pile of documents/letters/leaflets I've got from them to ensure I do everything correctly.

 

It seems a bit like employment tribunals, having to following your employers complaints procedure before going to tribunal. Still I guess that separates the wheat from the chaff :|

 

Hi flooz.

When I get letters from new DCA's I remind them that as they have taken over the responsibilities of collecting the debt they have also taken on the responsibilities of providing requested information:- so please provide.

1. CCA.

2. Default notice.

3. Termination notice

4. Notice of transfer (can't remember the proper name for that one).

 

Keeps them busy for a while..

John

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Thanks everyone. Having read through the ICO complaint procedure, I found that I HAD to exhaust Cap1's internal complaint procedure first (as DD also pointed out), so today a letter of complaint has been sent along with a final request for the information within 7 days.

 

I still don't expect to receive anything though. :-(

 

I also sent a letter to Fredrickson's informing them that the account was in dispute with Cap1 (from what I've read on here, it does seem that Fredrickson's take notice of situations like this). Maybe Fredrickson's don't agree with Cap1 not conforming with legislation, or maybe they're just simply too busy to bother with accounts when no CCA has been provided.

 

We'll see.

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Sigh.....

 

Further letter received from Fredricksons today, as follows:

 

..... quote

 

We wrote to you recently about this account which is in arrears but have failed to receive an adequate response.

 

You must clear the arrears on your account immediately. If enforcement action is taken against you this will affect your credit file and may have an impact on your ability to obtain credit in the future.

 

You need to contact us now on 08458396094 to resolve this matter and we urge you to do so without delay.

 

...... end quote

 

I plan to response with the following, and would appreciate opinions.

 

Quote.....

 

I refer to your letter of 6th April 2010 and respectfully request you refer to my response dated 1st April which was in response to your initial letter.

 

As previously advised, this account is in dispute. For the avoidance of doubt, I have no recollection of signing an agreement with Capital One, and they in turn have failed to provide me with a copy of such.

 

Without any copy of such agreement being provided to me, any attempted enforcement action taken against me, will be strenuously defended. Likewise, without an agreement, Capital One do not have my permission to disclose any information to third parties, such as yourselves.

 

Your timely response and acknowledgement of my letters would be appreciated.

 

..... end quote

 

:?:

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Hi Flooz,

 

It took me a couple of letters to Freds before they backed off, there is a letter on my thread, its on post 134, with a bit of a tweak, courtesy of CitizenB on 135.

 

Put a similar comment on another C1 thread today so Freds have done a batch post I guess.

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Hi Flooz

 

Honestly not sure its worth the effort or postage cost, personally I wouldnt bother sending anything else.

 

Crap1 are aware its in dispute - whether they like it or not its for a court to decide if the dispute is valid (not them)

 

You have previously made the DCA aware of dispute.

 

Theres nothing else worth saying to them at the mo, they admit to being a 3rd party intervener only - no assignment - so they'll need to pass it back to Crap1 if they want to enforce which in turn brings you back to the dispute.

 

Don't get hung up on the idiots threats by playing their game of ping pong mail.

 

If you feel the need to send anything, send crap1 a sh**ty letter confirming your position.

 

As always make sure its rec del and you keep copies of everything, if this ever ends up in court you need to show how amicable you have been in attempting to resolve matters :rolleyes:

 

Gez

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Thanks Gez, i'll send this one, purely because I didn't send the last one recorded, so to give them the benefit of the doubt, there's always a possibility it wasn't received (especially given the state of the mail system).

 

I wrote a complaint last week to the executive office at Carp1, purely to exhaust their complaints procedure before making my complain to the ICO. I gave them a further 7 days...... that expires on Monday.

 

I know it's not going to just go away once a complaint is made. I'm not sure whether it's worth my going for 'disclosure' or not, just in case they suddenly manage to find the CCA.

 

At the moment, my stance will be that I didn't agree to the charges etc, and the majority of the balance is made up of those. If they are prepared to negotiate (I doubt it) I'm happy to repay any monies borrowed that may (probably not) be outstanding, but not charges and interest.

 

Not sure if that's a sensible thing or not.

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Hi Flooz

 

Sorry, seem to look in on so many threads I do tend to lose track of where everyone is and their last position on any matter.

 

Assuming I havent missed anything on yours........

 

In your case (due to no record of postal service), then certainly send the DCA a final foxtrot oscar.

 

Crap1 would be foolish to sell this on whilst in dispute so keep all future correspondence aimed at them only.

 

If you have charges to recover then go to the ICO as soon as the complaints procedure is exhausted to effect gain of the data requested under SAR compliance.

 

Once you have the data, and you will receive all records whether this year or next, start calculating all charges + CI + simple interest at 8%. The longer they leave this the more it will cost them in the long term.

 

Out of interest (and once again, apologies if posted previously) do you have an estimate of charges etc v balance they are claiming?

 

Gez

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Hi Gez - nice to see you. :-)

 

Haven't a clue how much of the balance is made up of charges, I can only calculate this once they have provided the information requested in my SAR (which is looking unlikely at the moment). All I know is the credit card has been in existence for about 6 years, at times has had some highish balances on (£4,000 or so) but has been paid off in full several times. Haven't been able to pay it off in it's entirety for about 3 years or so, and of course, they're currently adding penalties to the balance too.

 

Once I get the information (if I get it) I'll have more idea.

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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?:confused:

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Hi Laura - not sure if it's the 'correct' thing to do, but personally, I would write back to any DC and point that out to them. But then I'm all for politeness :rolleyes:

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