capital resolve chasing old co-op card 'debt'

[Guest Porkwellington]

Dear Caggers....

 

I'm in one of those situations; probably too familiar to a lot of people - but with a "twist".

 

I separated from my wife and moved out of the Marital home a couple of years ago; I've been in regular touch as there are children involved... I am still paying the mortgage plus allowances etc - £2,600/month

 

Incidentally - in the last 2 years I have had a tripe heart bypass and been signed off work with depression/stress.

 

A cople of days ago I recieved a demand for £6,600 for non payment of a credit card bill from a company called Capital Resolve.... The first I had heard of the bill well before I left home. There is no information other than the amount

 

There are instruction as to where to send payments or agree a payment schedule - or to have a visit from one of their representatives by the 15th May - the letter was posted on the 8th.

 

They have now follwoed up the letter with an open card informing me that I wil be visited by one of their representatives in the next week unless I call to make a specific call "Immediately".

 

I have no intention of shirking the responsibility for the debt but I have a couple of questions...... The letters are attatched.

 

1. What would the significance of the 15th of May be - it seems to be purely arbritary?

 

2. Are they being intimidating by following it up by this orrible card?

 

I am pretty brassic due to the payments to the estaranged wife etc and don't have acess to anywher that amount of funds - am I allowed to change their date of the 15th to give myself more breathing space ?

 

Any help would be much appreciated:-(

IMG.pdf

[cerberusalert]

I've unapproved the attachments as they contain identifying information.

 

How old is this alleged debt and when was the last time you made a payment or written Acknowledgement?

 

Was there any PPI involved and have they added any unfair charges?

[Guest Porkwellington]

Sorry about the attachments

- I thought That I'd covered the personal stuff...

I don't know exactly how old the debt is as

- things just used to come out of the account when I was married (the last time I have a joint account)..

. it has to be at least two and a half years at least since any payment has been made.

 

As far as other charges go - the only thing that I have to go on is the total - there is no break down - should I be asking for one ?

 

Thankyou for your response

[dx100uk]

is it on your cra file?

 

dx

[citizenB]

First of all, dont panic - this company is breaching OFT guidelines by even considering turning up on your doorstep without an appointment and I imagine you arent going to be making one of those.

 

You will find a "do not visit me" letter in the CAG library, linked at the top of each screen. I suggest you print it out, send a copy with proof of posting Capital Resolve and keep a copy by the front door. IF someone does turn up on your doorstep, just hand them the copy of the letter and ask them to leave your property. They have absolutely no right to be there without your permission - do not engage in conversation with them.

 

2: You need to establish if this account has been assigned/sold to Capital Resolve or if they are merely collecting on behalf of the Co-op. Fill in the blanks in the letter below and send it to Capital Resolve.

 

Draft request for assignment - Amended Draft.doc

 

 

3: You need to send a CCA request to Capital Resolve - there is a draft template in the CAG library, linked at the top of each screen. You need to send £1.00 with the request (legal fee) and they have 12 working days + 2 to provide you with a copy.

 

4: You need to send a Subject Access Request to the Cooperative Bank - you can find a draft letter in the CAG library, linked at the top of each screen. You need to send £10.00 with the request (legal fee) they have 40 calendar days to comply with the request - which is a copy of ALL the data they hold in respect of your financial dealings with them.

 

Meanwhile, you need to stay off the telephone with Capital Resolve until such times as you have established if they have the right to do anything other than collect funds, whether you DO have any liability to either them or the Coop and whether there are any PPI or charges that you can reclaim.

 

You need to keep all communication to writing, that way you have a paper trail.

[Guest Porkwellington]

Thankyou for the interest - I've spent a happy hour or so being refused by both noddle and equifax - I think because of the change of address so - in answer to your question - I am 99% sure it's on my cra. I've had the card for a long time so it must be referenced surely ?

[Guest Porkwellington]

Thankyou for that citizenB and I will do what you suggest immediately - It all sounded fishy to me but I just didn't know where to start at all. I will keep the thread updated if you think that will be of use ?

 

Thankyou again - Andy

[citizenB]

Yes, please keep us up to date with your progress and of course if there is anything else we can do to help, just shout

[Guest Porkwellington]

Just an after thought

- is it usual practice for these sort of outfits to just send a card saying you are going to be visited

- anyone can read it and know/guess what's going on

- from the postman to you spouse/partner

- strikes me as being very sneaky

- the card didn't have any figures on

- but then it didn't need to.

 

I also looked this outfit up on a credit check and their income/asst chart seems to have shrunk considerable over the past few years..

. I was wondering if they were using underhand tactics to generate some quick revenue....

[dx100uk]

prob the yellow mr green s calling.

 

been around for 30yrs

 

dx

[citizenB]

Just an after thought

- is it usual practice for these sort of outfits to just send a card saying you are going to be visited

- anyone can read it and know/guess what's going on

- from the postman to you spouse/partner

- strikes me as being very sneaky

- the card didn't have any figures on

- but then it didn't need to.

 

I also looked this outfit up on a credit check and their income/asst chart seems to have shrunk considerable over the past few years..

. I was wondering if they were using underhand tactics to generate some quick revenue....

 

Despite being a breach of OFT debt collection guidance, yes.. there are still a few companies who do this. You should make a complaint to the Office of Fair Trading, enclosing a copy of the post card.

 

OFT are unable to act on behalf of an individual, but they are supposed to keep records of any complaints made by them - then where there is sufficient evidence/complaints - they act.

 

You only need read other threads to see some of the disgraceful tactics used by some of the Debt Collection Industry

 

They rely on the ignorance of the "debtor" in order to obtain a knee jerk reaction which will result in one of 3 actions - admission of liability, money flowing into the account or that the recipient will telephone them.

 

The telephone is the weapon of choice of the Debt Collection Industry - they can say what ever they like without there being any record. So unless you are able to record calls - stay off the phone.

Edited May 13, 2012 by citizenB

[Guest Porkwellington]

I'lll make a complaint while I am following up Capital Resolve - I would hate to have been mrs miggins with no one to talk to or no computer access when that card fell through the letterbox on a Saturday morning. Would you like me to post the letter back for the CAG reference library

[dx100uk]

only if there are a good few words to read after the swear filter has done its job!

 

dx

[citizenB]

I'lll make a complaint while I am following up Capital Resolve - I would hate to have been mrs miggins with no one to talk to or no computer access when that card fell through the letterbox on a Saturday morning. Would you like me to post the letter back for the CAG reference library

 

 

Which letter, the one you are going to write

[Guest Porkwellington]

Yes sorry - post as in put up as opposed to postman Pat. I've doctored the CAG standard letters now - ready for sending off tomorrow... I feel a LOT better about the whole thing now - in control you might say ! Thankyou so so much !!

[citizenB]

Yes, it is good to be in control of your life again

[Guest Porkwellington]

Dear CitizenB

 

Just to recap - I have a debt - I believe on a coop credit card - of £6600. I thought it had been dealt with ages ago - obviously not - so I have executed your plan! and not heard back.... I have also paid twenty quid for a one off report from checkmyfile.com..... It outlines all sorts of other problems I didn't know I had with credit cards - which I believed had been sorted out by my ex.

 

The problems include 2 county court judgements.....

 

I am now officially at my wits end - I haven't sen correspondence from the companies concerned - and have been ignoring phone calls as you have suggested.....

 

Should I try to proactively find out more about these alleged accounts or - if I ignore it - will it go away ?

 

Should I now be posting this as a new thread on a different forum ?

 

Help and regards - Andy

[dx100uk]

if you did nt receive any court claimforms you might be able to get them set aside

 

yes i'd start a new thread for each

 

dx

[citizenB]

You should be able to obtain information regarding any issues by sending Subject Access requests to the companies involved - it will cost you £10.00 per company and they are obliged to comply within 40 calendar days.

 

You will find a draft SAR letter in the CAG library.

 

You might find information regarding the CCJs on the following link

http://www.trustonline.org.uk/

 

It will cost you £2.00 for the search I think.

 

If you have not received any paperwork in respect of the County Court Claims, then it might be possible to have these set aside. But of course you need to know as much as you can about them. EG, which court, claim number, claimant etc..

[Guest Porkwellington]

Thankyou for that - I will act on that - I've also purchased the small claims book to find out more on this "setting aside"

 

Again - I'll let you know what happens.

 

Kind regards - Andy

 

(I suspect I'm going to be a fully qualified debt councillor at the end of this process!)

[Halibutt]

Just a thought, but The Co-op did used to put both PPI and unemployment/redundancy insurance on their credit card agreements. It may well be worth checking to see if you can reclaim.

 

H. x

[Guest Porkwellington]

Dear very helpful CAG folks.......

 

Having sent off the request for assignment and CCA letters to Capital Resolve - collecting on behalf of the coop (allegedly) - I have had back a 2 page copy of the original card application form....and a note asking me to call and arrange a payment plan.... I was expecting something more somehow.

 

The form does ask me to agree to be bound by the terms and conditions - which there is a reference to. which I have signed and they have also signed - which I assume is acceptance of the application.

 

They have intriguingly torn off ( yes there is a rough edge) a strip about an inch wide from the second page of the photocopy.

 

There has been no direct response to the request for assignment letter - I don't think the copy of the application form would prove that either way ?

 

What should I do now - as their response does not say anything about the assignment - should I write back re-iterating that request ?

 

Kind regards - Andy

Edited May 28, 2012 by Porkwellington
I have asked for a response twice

[Guest Porkwellington]

Thanks for that Halibutt - I'll look into it - I have an idea that I was paying PPI for sometime but then cancelled it around the turn of the millennium when I realised that it was just another way of making money out of me.....

[Guest Porkwellington]

So the situation now is that I recieved a letter from them

 

Dear CAG folks.......

 

Just to recap....

 

Capital Resolve wrote to me on behalf of the COOP to collect £6,500 for a credit card I had

 

with them.

 

For a variety of reasons this debt hasn't been serviced for around 2 years.

 

CR followed their letter up a few days later with a postcard to say that one of their advisors

 

would visit me to discuss the above debt. The postcard also did a great job of introducing

 

the subject to my partner.

 

As advised; I sent off the request for assignment and CCA letters to Capital Resolve

 

I have had back a 2 page photocopy of the original credit card application form which has a

 

reference to the Ts and Cs at the time when I signed up. There was also a letter requesting me

 

to call and arrange a payment plan asap.

 

An inch of the bottom of the photocopy has been torn off.....???

 

I was expecting more....a couple of days ago I had another letter from them threatening court

 

action if they had no response before the 13th.

 

What should I do now - as their response does not say anything about the assignment -

 

should I write back re-iterating that request ?

 

Kin regards - Andy

 

Kind regards - Andy

[dx100uk]

hat was the result of the CRa file?

 

does this debt show?

 

dx