Capital One Credit Card Debt - Fredericksons now on the scene!!

[BRIGADIER2JCS]

I agree

[bezzy0_0]

thanks for all your input everyone, i will write to oft has soon has.:-)will post reply has soon has i receive it.

[42man]

Red are well known to pursue statute barred debts (or try to).....

[Stigman]

i will write to oft has soon has.:-)will post reply has soon has i receive it.

 

You can email the OFT at [email protected]

 

The OFT does not normally respond to individual complaints, they just catalogue them and then review when that Companies Consumer Credit Licence comes up for renewal.

 

Stigman

[Wooks001]

I've dealt with these idiots before, whatever you do at this stage do not acknowledge the letter, at the very least you have confirmed your address.

Does the alleged debt mean anything to you, and if so how long ago did you last have communication in writing with the original creditor.

Once the debt hasn't been acknowledged for 6 years you can put an end to it, as it's basically considered unfair to chase a debt after that period.

 

You'll also notice that their letter say may do this, may do that etc. Chances are they have bought the debt for a few quid, and it's not worth them actually doing anything. How likely they are to do anything depends on how old the debt is.

[Bazooka Boo]

Once the debt hasn't been acknowledged for 6 years you can put an end to it, as it's basically considered unfair to chase a debt after that period.

 

Unfair is not in their vocabulary. Technically you are correct, but, depending on the type of debt, this could run for 12 years, you need to clarify your advice as others who may have a debt under seal will read your advice and fall foul of legislation.

[Wooks001]

I don't know what a debt under seal means, can you clarify please.

There is no way that I would wish to give incorrect advice, and if I can will edit the post accordingly.

[Bazooka Boo]

Sorry Wooks,

What I meant was 'contracts under seal' ie. a mortgage, they have a shelf life of 12 years, http://en.wikipedia.org/wiki/Seal_%28contract_law%29

[BRIGADIER2JCS]

Agreed the Council of Mortgage Lenders advise their members

that mortage debt should not be enforeced after 6 years.#BUT

it is only advice.

[bezzy0_0]

You can email the OFT at [email protected]

 

The OFT does not normally respond to individual complaints, they just catalogue them and then review when that Companies Consumer Credit Licence comes up for renewal.

 

Stigman

Complaint sent to above , thanks for link

[bezzy0_0]

I have received email reply back from oft stating the below

 

We have therefore recorded the details of your complaint, and we will consider this alongside any other complaints we have received with a view to any consumer credit licensing or other action we may decide to take.

 

 

If we do take any action against this trader we may need to contact you again in the future.

 

 

Unfortunately,

we cannot disclose any details about any action we may take, due to legal restrictions on the OFT relating to disclosure of information.

 

I suppose that's another a nail in there coffin so to speak along with all the other complaints , every little helps, Lol.

[Bazooka Boo]

Exactly, every little does help..well done.

[bezzy0_0]

recieved this today , is this a standard letter?am i correct in thinking that reds are the next tablle down to lowells , same entity?

yet another 2 letters from next desk along me thinks,

this once again has provoked me to report to oft , one report filed for each off , lowells , reds and now hamptons , this has got to look less favourable when renewing there licence time comes around, there so crafty using different trading styles so they can continue with there feeble abuse ,

think i will drop hamptons a letter to pass on to the others that there tactics wont be going unoticed by others

[BRIGADIER2JCS]

The reason that Lowell get away with this is because each letter states

that Red Hamptons, Lowell. Lowell, Lowell Portfolio 1, are all trading ''styles''

of Lowell Financial.

So the OFT Guidance on useing more than one company is not seen as valid.

[bezzy0_0]

is the 2nd hampton letter sent above worth a response,

as i made it very clear to lowells about the debt that cap one the originator had sent me a reply letter and in writing stated they dont have my original under 2008 cuptr regs ,

 

 

i wrote to lowells stating this and also that i was reclaiming back my charges from that card which would write of all exisiting debt anyway ,

 

 

havnt got around to that part been busy ,

but the idiots keep pursuing ,

i only respond to serious lettere s when i see them .any advise for me ?

[citizenB]

The sooner you get those charges sorted out and a claim put in, the better. Be warned that Capone are defending quite vigorously any charges that are older than 6 years using statute of limitations !! And winning.

[Old Cogger]

I have a cap 1 claim a long time now, they offered silly money thru Fos which I ignored, I still sit on it as the claim is in my mind still valid and is near worth the alledged amount they reckon I owe them, as I refused their offer and told them the claim still stands.

[bezzy0_0]

Well time up for this lowlife debt, statue barred tommorow ,been 6 years since last payment made to original ( cap one) 03/03/2011 so 6 yrs old , i had asked for another cca which they ran out of the 12 days to comply with , stated will be with me within 40 days time begin april latest?

 

Just pondering wether wise to send stat barred letter tommorow by recored delivery or wait untill cca arrive in months time then send ,?

[silverfox1961]

Blimey. It's been a while!

I wouldn't bother contacting them. Even if they do send a compliant agreement, the time to act has long gone so all they can do is ask nicely. Your choice of what to do then. My personal opinion is to ignore them as they can do nothing.

 

IF they chose to try it on with legal letters, that is the time to send the SB letter.

[bezzy0_0]

Silverfox,Letter done but awaiting any responnse from them 1st?i think?

[AndyOrch]

Last payment +3 months to be on the safe side......dont prod the bear by sending SB letters.

 

Regards

 

Andy

[bezzy0_0]

Thanks andy ,got that,

just for interest, whats extra 3 mths of caution for ?

[AndyOrch]

That is the normal period a creditor would allow to issue a default notice......and if litigated would rely on that as the cause of action (the start of limitations period not your first missed payment)

[bezzy0_0]

Ok , will leave beyond three mths and not reply unless provoked, thankyou for explanation, appreciated

[bezzy0_0]

Well Finally got a result.

Me 1 lowell 0

 

Received a reply from lowells from a 2nd cca request which i knew they would not be able to fulfil given time scale involved ,

 

took good advise on here and waited 3 extra months and the letter received from them states they cannot fulfill my request,

 

and they state it is indeed statue barred and the account is now closed and now 0.00 balance.

 

Thankyou guys appreciated, just one more dca to deal with and finally rid of these parasites.