Arrow Global / Capital One / Westcot - assignment letter but can I still CCA?

[jimbarino]

Hi

 

A couple of years ago, before I met her, my girlfriend had a Capital One card, like a lot of other people, she fell on bad times and couldn't repay and defaulted.

 

She lives in the South of the UK and I live in the North, she's planning on moving up to mine and wants to have a clean slate so about 6 months ago, we wrote to Capital One offering to settle the account. Cap One wrote back saying that the account had been sold on but did not say who at the time but that the DCA would be in touch shortly.

 

This week she has received a letter from Cap One which looks like a valid assignment to agent letter, the agent in question is Arrow Global Guernsey Ltd. A day later she received a letter from Arrow Global notifying her of the assignment BUT saying that she should direct all communication to Westcot Credit Services Ltd.

 

I must say, this is the first time i've personally seen an OC's assignment letter and a DCA following up the assignment.

 

Firstly, is this a valid assignment chain, neither letter refers to any statute etc but Cap One's does have AG's address on it and AG's address on their letter matches.

 

Secondly, is a CCA still valid in this case given that she offered to settle before xmas which kind of admits liability of the debt and if we can CCA, do we serve it on Westcot or Arrow?

 

Third, I think i'm right in assuming she still has the right to make a full-and-final settlement offer to them, she doesn't want to get into the £5 per month and the amount is only a couple of hundred anyway.

 

All help greafully received.

 

Thanks

[silverfox1961]

Hi,

Before going anywhere near a F&F settlement, have you (or she) reclaimed the penalty charges (if any) on this account?

 

DCA's don't generally go for a F&F in the first instance but will when challenged over the CCA

[jimbarino]

No, i've never attempted a penalty reclaim, what's the procedure (or a link to a brief guide)?

[silverfox1961]

If you don't have all the statements for the account, you will need to send Cap1 a SAR. this can be found in section 2 HERE

 

Once you have the statements you can work out what has been charged in late payment/overlimit fess (if any) then send a preliminary letter (section 3- same link)

When Cap1 refuse (and they will) you can send a letter before action

If they still refuse you will need to serve court papers on them so if you don't want to go the court route, don't bother starting the reclaim

Also, If you have never actually paid the charges (i.e- you stopped paying and then they slapped the charges on) you can't reclaim what you haven't paid but you can get the charges removed.

 

That'll do for starters.