Capital One

[gelfling10]

Hi Everyone, I am a new bod on here and replied to a thread on Fredrickson/Bryan Carter discussion which seems to be a biggie with loads of people! Am glad I am not alone and grateful for any help offered. Have been getting hassle from FI for a few weeks now regarding a cc with Cap1 who I owe 253 quid to and now they have started ringing my work fone (which is in a v.public office and anyone could answer!). Any advice on how to deal with these people (loosest sense of the term!) as they are starting to do my head in! So far this morning: 3 txts, 4 fone calls and 2 voicemails and still counting............

[alfwithhair]

How old is the Cap One debt and when did you last make any payment towards it?

 

they are not supposed to ring you at work, they have broken OFT Guidelines on debt collection so REPORT them to the OFT as well.

[Crocdoc]

Write to them stating that they must not call you at work (recorded delivery) keep a copy of the letter for the OFT complaint if they fail to stop.

How old is this debt and when did you make the last payment.

Have you claimed back charges.

Was there PPI attached.

 

To obtain accurate details of the charges you could send them a Subject Access Request. Once you have this information lodge a counter claim.

 

If you come back with the answers, someone will point you in the right direction.

Edited June 8, 2011 by Crocdoc
Spelling error

[Tingy]

You also need to send them the Harassment by Telephone letter. Make sure you keep as much evidence of calls and texts etc... as you can. I know this is hard at work, though keep a record of the date and time of those phone calls. Anything on your mobile will be stored, so don't delete call history or texts.

[gelfling10]

Hi all, and thank you! So the general consensus is that it is not on for them to phone me at work, does this apply if it is a recorded message "this is an urgent message, please contact fredrickson international...." basically the same spiel as on a txt msg? Is this still considered harrassment? Also, I dont know if there was PPI attached to it and the card was issued in 2002 and the last time a payment was made was in December last year through a DMP, which is now cancelled. I am getting a new DMP at the end of the month through CCCS but want to try and keep everyone at bay until then! So stressed out, its not even funny!

[Tingy]

Any telephone contact above what could be considered fair (I'd say one or two calls a day maximum to be lenient) is harassment.

[gelfling10]

Tingy, thanks again. Am new to all this harrassment lark and apart from changing all my phone numbers (not possible in work!) cant think of anything to do until the new dmp starts!

[Tingy]

As I said, send them the telephone harassment letters. If they don't stop then you can cause some discomfort for them!

[Tootles1971]

If you have particularly dreadul "on-hold" music at work, you could always just put the caller on hold for the rest of the day/until they get bored and hang up

 

Seriously though, they are not permitted to ring you at work, and they are also being beyond reasonable with the level of contact so definitely send the harassment letter.

 

If you are sorting this out with the DMP then just let them wait. If you do speak on the 'phone, just say "everything in writing" and leave it at that.

 

Sarah

[Desperate Daniella]

Hi gelfling,

 

I see you have already been getting a lot of help here.

 

Write to Freds:

 

Dear Sirs,

 

Account No.

 

I do not acknowledge any debt to your company or any company you claim to represent.

 

Please advise me if this alleged debt has been assigned to your company, or if you are acting as collection agents for Capital One. If the alleged debt has been assigned to your company, please send a copy of the assignment.

 

I have reason to believe that the original alleged credit agreement may contain unfair terms, and not be compliant with the Regulations of the Consumer Credit Act 1974. I therefore require to see a copy of the original alleged credit agreement bearing my signature. I enclose a postal order for £1.00 as payment for the copy of the agreement, and not as a payment to the account.

 

If you and/or Capital One cannot supply a copy of the original allleged signed credit agreement you are obliged to inform me of this fact. Please note that I do not expect you to send me the current terms and conditions. I require to see a copy of the actual signed agreement.

 

Then continue with the telephone harassment stuff as Tingy has suggested.

 

That will give them something to do until the end of the month, and they should leave you alone until the dmp comes into effect.

 

Do you have all your statements? I never took out PPI anywhere, so I don't know if this shows as a separate payment on statements. Someone here will know the answer to that one. If you had PPI you can claim it back, and other charges. That could reduce the amount outstanding, or you may get something back from them. As Crocdoc says, you can get this if you do a SAR, but that will cost you £10, so if you have all your statements that will save a tenner!

 

DD

[gelfling10]

Thank you all, am feeling a bit more positive now. Could play a song down the line with my mobile but that may upset the boss lol!!!!! Will do everything you suggest. Have just fielded the 6th call of the day and the guy at least had the grace to sound a "bit" embarrassed!!!!!! Hmph! Will keep you posted!

[Desperate Daniella]

I am glad you are feeling better.

 

I think you should send them the harassment bit of the letter by email and tell them to lay off immediately or you will report them to OFT. Clearly you don't want them back again tomorrow.

 

I've just found their email address on another thread: [email protected].

 

Hope that helps.

 

DD

[gelfling10]

DD, thanks again. Will do that now! Cheers

[gelfling10]

Morning everyone! I think my luck has flown out of the window! Had a letter from Freds waiting on me when I went home yesterday stating that they are now acting for of the payday loans (txt loan) that I defaulted on! How much blood do they want??? Followed advice and emailed them the harassment letter but got an automated email back saying that all account queries have to go through the fredpay website, any advice on this? Much appreciated!

[Tingy]

I'd send off a CCA letter to them regarding these in the first instance. I suspect they will have no problem doing this, but that's fine. Depending on their reply to that we'll take it from there. You need at least Proof of Postage - some prefer recorded delivery, though from a court's point of view as long as you have proof of postage, receipt is assumed.

 

Dear Sir

 

Ref:− Your letter of XX December 2010. Your Ref xxxxxxxxxxxx

 

I do not acknowledge any debt to your company

I refer to your letter dated dd/mm/yy and now formally request, under the Consumer Protection From Unfair Trading Regulations 2008 (specifically regulations 5 and 6) and the Office of Fair Trading Guidance on debt collection that you confirm whether you currently hold or have ever held a properly Executed Credit Agreement pertaining to the above account and if so please forward a copy to me by return.

If YOU DO NOT have a signed, properly executed Consumer Credit Act Agreement pertaining to myself, then I require written confirmation by return (CPUTR 2008 reg 5 and 6).

I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with such a request.

Also, since you are a Debt Collection Agency, I would also ask that you supply a signed true copy of the executed deed of assignment for the above referenced agreement. This is an obligation, whether you are the original creditor or not, under section 189 of the Consumer Credit Act 1974.

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

In summary, I DO NOT ACKNOWLEDGE THIS DEBT AND THEREFORE REQUIRE YOU TO SUBSTANTIATE THIS BY PROVIDING THE FOLLOWING DOCUMENTATION BEFORE I CORRESPOND FURTHER :

1.True copy of original credit agreement

2.Statement of account

3.Copy of the executed deed of assignment from the original creditor

4.Fair Processing Notice.

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

Further to the above, please ensure that any contact by yourselves or any agent or associated company or organisation is made in writing only to the above address or by e-mail. telephone calls and personal visits will not be accepted and viewed as harassment.

As this account is now in dispute, I would also draw your attention to The Banking Code section 13.6:-

We may give information to the Credit Reference Agencies about personal debts you owe us if:

·The Amount Owed is Not in Dispute.

The Office of Fair Trading provided a Code of Guidance that is in relation to Debt Collection: OFT 664 Response to consultation paper and final guidance on unfair business practices dated July 2003

Deceptive and/or Unfair Methods-

2.8 Examples of unfair practices are as follows:-

k. Not ceasing collection activity whilst investigating a reasonably queried or disputed debt.

If you continue in your pursuance of this account I will have no other alternative than to report you to both The Information Commissioner and The Office of Fair Trading (OFT).

Furthermore, I shall submit a Consumer Credit Act 1974 complaint to the OFT upon the basis that you have failed to comply with the OFT's direction of 5 April 2006 and are therefore not a 'fit and proper person' to hold a consumer credit licence under the 1974 Act.

 

If you do not understand what this means then I would recommend you seek appropriate independent legal advice.

Yours faithfully

 

 

[Desperate Daniella]

Morning gelfling10,

 

Try [email protected] That is from a post in October 2010. He was then apparently the CEO and maybe still is.

 

DD

[gelfling10]

Tingy and DD, thanks. Am in the process of sending letters from the CCCS to all my creditors regarding the dmp, when I send them this, do you think that will keep them off my back for a while?

[Desperate Daniella]

That is a brilliant letter, Tingy.

[Tingy]

What your creditors will do is read what you've put and then send you their response. It will give you a short break at least!

 

DD Can't remember where I found it, sadly I can't take credit for writing it, though I may or may not have changed it. I like it too! Wish I'd noticed all that code path as to where I store it though - I can't edit it out now.

[gelfling10]

Does anyone have a proper address for freds rather than the PO box thing they give out, I havent got the letters with me in work! :@

[Tingy]

Registered Company Address:

FREDRICKSON INTERNATIONAL LIMITED

FIFTH FLOOR

7-10 CHANDOS STREET

LONDON

W1G 9DQ

[gelfling10]

Thank you, letters gone: who knows what reply I will get to these :-0

[Desperate Daniella]

We await with interest.