Help please - with Cap 1 and FPC

[Madcat333]

This is my first post ever - any help will be thankfully appreciated.

 

Cap 1 recently terminated my c/c acct and passed the chasing of the debt to FPC.

 

The first I knew of it was when I received a termination notice.

 

Upon receipt of the termination notice I rang Cap1 and was told a default notice had been sent out a month or so earlier and since I had done nothing in compliance with it they had taken things to the next level.

 

I stated that I had never received the notice and what should I do to resolve the issue. They told me FPC was the only course of action open to me.

 

I have no qualms about paying Cap 1 what I owe but feel that I have been treated unjustly by not having the notice served correctly in order for me to sort things out with them.

 

Cap 1 say they will not supply a copy of the default notice but tell me one was generated and posted.

 

All I want to do is pay them whats owed versus their statements and sort out the default issue. I do not require anything more from them.

 

FPC are pestering me to make an arrangement with them which I will not do ! They keep telling me I am "unwilling to pay" to which my reply is:- I pay money directly to Cap 1 who I owe it to - not third parties !

 

Once again any advice on dealing with Cap 1 would be appreciated.

 

Regards.

[ims21]

Ignore the debt collectors and keep on paying cap1

 

Are there any charges on the cc that you can reclaim?

 

Keep everything in writing....never speak to DCA on the phone

 

ims

 

PS Wlcome to CAG by the way

[Madcat333]

Many thanks for such a prompt reply ims.

 

As yet I have not looked into the charges side of things.

 

I was more worried about the DCA angle and their pestering.

 

I will certainly be ignoring the DCA from this moment onward.

 

I am a little concerned that Cap 1 have acted unreasonably and that I had a right to sort things out

with them under the default notice they are alleged to have sent.

 

Although I am continuing to make payments to them I want to apply some pressure in order for them

to rectify their mistake.

 

I'd be happy to receive statements from them and pay them without having the facility of a card, such is my distaste

towards them for their poor service.

 

Obviously I then have the problem of the default status on my CRA files to contend with.

 

Madcat

[ims21]

May I ask on what basis a default notice was issued? I mean were you in arrears or was there a bad payment history? can you give some more info?

 

Why do you feel they issued a DN by mistake?

 

I'd certainly be looking into getting charges back as well.

 

Thanks

 

ims

[dx100uk]

exactly the same game now with them

 

been like it since last october

 

dont worry about freddies

 

they nor anydca can do stuff all to you

 

just pay cap1 what you can when you can by internet banking [NOT DD!]

 

oh and if freddies write or ring you at work

 

the TS are curently VERY interested in the letters/calls

 

freddies were warned of this twice in 2009 but have now changed name to FPC

and think they can just start up their old unlawful tactics again.

 

shock coming!!

 

they've been recorded three times now being told not to call a works number

even got the operations room [what?] supervisor to removed the number

 

still get 5-10 automated calles to the works

each is being logged recorded and sent to my TS contact.

 

 

 

dx

[ims21]

hi dx

 

Didn't realise you were in the same boat as others regarding Cap1

 

Good luck with yours too

 

ims

[Madcat333]

Had the Card since April 2006 - no real problems with meeting minimum monthly payments.

 

Around July time last year I was unable to make the full minimum payments

 

In September 2010 I approached Cap 1 to make an arrangement to pay minimum payment (approx. £170) plus a minimum additional £30.00 to clear the arrears.

 

They would not listen and would only accept things on their terms - £272 pcm for 6 months.

 

I told them it was unreasonable but made as good an effort as I could to repay.

 

I queried why they had amended the payment due date to the 3rd of the month from the 21st and was told not to worry about it.

 

Consequently they were heaping £24 per month on to each passing month in charges, which had they stuck to payment dates of the 21st would have been avoided.

 

I might have had small arrears by the time of the default notice. which if served for a breach of minimum payments (?) I would have accepted knowing that there was nothing that could not have been sorted within the period it allows to rectify things.

 

There has been no unwillingness to pay on my part - but dealing with them and getting them to appreciate and understand is nigh on impossible.

 

Regards

[ims21]

I'd go for them for those unlawful charges plus compound interest. That will help with the o/s balance

 

As part of your claim you can request the default notice be removed as it was in wholly or in part due their unlawful charges.

 

In the meantime pay them what you can afford....you tell them what they are getting not the other way around.

 

ims

[Madcat333]

Many thanks once again for the advice.

 

I am going to be putting the finishing touches to a letter over the weekend which I will be sending to their Nottingham Offices for the attention of Mr Liam Quegan.

 

I had cca'd them at the beginning of April 2011, as per some advice I had read in these forums.

 

He replied in letter form, dated 21 April 2011 received by me 3rd May 2011.

 

They supplied a copy of the Agreement which all looks in order, but he commented that they would not supply a copy of the default notice because they didn't have to.

 

Nor did he feel the need to discuss it further since they assure me one was posted !

 

He then corresponded to tell me FPC was the way to go !

 

Obviously I disagree - so it looks as if this might be the start of something lengthy in terms of getting things sorted.

 

Regards

[ims21]

Hi

 

I think that they are right in that they don't have to supply a copy of DN.

 

Might not be as lengthy a process as you might think.

 

Have you got ALL of yur statements? If you have you won't need to SAR them and the procedure would be preliminary letter requesting charges back plus interest, followed by lba with the same request if there is no payment made. If they still don't cough then it is off to court with claim for charges + CI + Stat Int.

 

If you haven't got all your statements then SAR would be necessary to get them all and then revert to the procedure above.

 

They usually cough up before getting into the court.

 

ims

Edited May 14, 2011 by ims21
spelling

[Madcat333]

Hi All.

 

Based on the above info I have continued to regularly pay Cap 1 an amount via standing order.

 

I am still receiving letters and phone calls from FPC/ Fredricksons which I have logged but not responded to.

 

However I have just received a letter from Bryan Carter Solicitors stating that they want to take me to Court unless I contact FPC and make an arrangement with them.

 

I will still continue to pay Cap 1 directly but am wondering about doing something with regards to the recent correspondence I received.

 

Thanking you in advance for any forthcoming advice.

 

Regards

 

Madcat

[dx100uk]

may. might,instructed, recommend

 

never WILL.

 

got all those letters in te same order three times over now

 

the balance will be wiped out with a penalty charges reclaim+unt at their rate

 

i stopped paying months ago now.

 

oneday i might fire off a charges reclaim

but i'll let the situation continue for now

as i want to see what willl happen to it.

 

if you can put up with the computer generatedrubbish then i would ignore them

 

got that SAR done yet?

 

on the DN front

they only have to show that the 'system' requested a DN be sent

they dont 'have' to have a copy

 

dx

 

 

dx

[Madcat333]

Hi and thanks dx

 

SAR is en-route to Nottingham as we speak.

 

I was just getting weary of the junk mail and phone calls !

 

Regards Madcat.