Fredericksons/Bryan Barter/Capital One - 48 hours notice

[Jayney69]

2nd post today - I'm in the right mood!

 

Just a quick question. CapQuest have sent a threatening letter (excerpts below):

 

"...failure to contact us by 4 April will mean that your account will be progressed through our pre-litigation system. ... Should the litigation system process be instigated and a judgement granted we would seek an Order of the Court.....we would seek to enforce such an Order with a Warrent of Execution...... it then goes on to explain what a bailiff can do, etc, etc.

 

They have not started legal proceedings yet, they're just annoyed that I won't talk to them on the phone.

 

Shall I just send them the CCA letter to start?

[Sidewinder]

Yup. Get them to prove what they are asking for. Was there PPI on the account, and how much of the balance is due to penalty charges?

 

Capquest are good at threats, but the threats contained in your letter are pretty standard - they have to prove the debt exists, that the amount claimed is accurate, a court would have to agree with them (if they were to litigate) and you would have to fail to make an arrangement to pay, or default on any arrangement made BEFORE they could obtain a warrant and instruct bailiffs, so you are miles away from any of that at this stage.

 

Do CQ own the debt or are they collecting on behalf of CapOne? What information is on your credit file?

[Jayney69]

I'm not too sure if they own the debt or if they're on behalf of Capiltal One. I will check my credit file (that'll be scary). will it say who actually owns it?

[cynic09]

They are one and the same

[silverfox1961]

They are one and the same

 

Erm! No they are not. Capquest are a separate entity. I do believe it is Debitas who are Cap1s in house threat monkeys.

 

On the credit file it should say who has the debt. If it has been defaulted, the current creditor will show there.

[Jayney69]

I have a Capital One debt that has been passed to Fredericksons and now also onto their best friend Bryan Carter.

 

I sent them a CA request on 28 May which they responded to on 31 May stating that "we have referred the matter to our client and will revert to you as soon as we are in receipt of instructions. In the meantime we confirm that we have placed the account on hold".

 

Fast forward a month (and nothing received in the meantime), and a letter comes from Bryan Carter dated 2 July stating the ...payment must be made within 14 days... etc"

 

I wrote to them on 16 July (sent recorded), stating that they were fully aware that I had CCA'd Fredericksons (and enclosing Freds letter), and sent the same to Fredericksons.

 

I've now had a letter from Freds saying that I MUST contact them within 48 hours by phone (no chance ), and that "as a geasture of goodwill they are prepared to accept a ful and final settlement". (That's nice of them)

 

I have no intention of phoning them. My feeling is just to ignore them as I feel they might be a little desperate. They haven't managed to produce a CCA since my request in May.

 

Prior to this CapQuest were chasing this debt. I'd been stupidly paying them for years until I found this site. When I CCA'd them they gave up instantly and sent my postal order back!

[Jayney69]

Not too sure where to post this (sorry)

 

 

I have a Capital One debt that has been passed to Fredericksons and now also onto their best friend Bryan Carter.

 

I sent them a CA request on 28 May which they responded to on 31 May stating that "we have referred the matter to our client and will revert to you as soon as we are in receipt of instructions. In the meantime we confirm that we have placed the account on hold".

 

Fast forward a month (and nothing received in the meantime), and a letter comes from Bryan Carter dated 2 July stating the ...payment must be made within 14 days... etc"

 

I wrote to them on 16 July (sent recorded), stating that they were fully aware that I had CCA'd Fredericksons (and enclosing Freds letter), and sent the same to Fredericksons.

 

I've now had a letter from Freds saying that I MUST contact them within 48 hours by phone (no chance ), and that "as a geasture of goodwill they are prepared to accept a ful and final settlement". (That's nice of them)

 

I have no intention of phoning them. My feeling is just to ignore them as I feel they might be a little desperate. They haven't managed to produce a CCA since my request in May.

 

Prior to this CapQuest were chasing this debt. I'd been stupidly paying them for years until I found this site. When I CCA'd them they gave up instantly and sent my postal order back!

[BRIGADIER2JCS]

Sounds like there is no proof of the debt.

 

Send this to the Compliance Manger

at Freds.

 

Ref:xxxxxxx

 

FINAL RESPONCE

 

Dear Sir or Madam

 

I refer to your letter dated xx xx xxxx in which you state I MUST contact your

company by telephone within 48 hours? I cannot see why you have an authority

to demand any such action so please take careful note of the following.

1. I do not acknowledge any debt to Fredrickson, Bryan Carter or any other

company concerned.

2.The allged ''debt'' has been ''passed around'' between your companies and

all have failed to produce a true copy ot the CCA 1974 Regulated Agreement

associated with the alleged debt.

2. I have noted that you ''are willing'' to make a'' gesture of goodwill'' and accept

a ''full and final settlement'' for an alleged debt for which you have no documentation.

3. Another ''debt collection agency'' Capquest has tried the same tactics with the alleged

debt so it seems you have aquired ''a lemon''

4. Until you can produce the required document this alleged debt remains in FORMAL DISPUTE

and I will not enter into further correspondence on this matter.

Send it recorded delivery.

[dx100uk]

does the debt exist?

 

is it yours?

 

checked your CRA file recently..does it show?

 

 

dx

[dx100uk]

three threads merged.

 

keep to one thread per debt

 

dx

[tertiary alcohol]

subbing

[Jayney69]

I've had another letter from Freds.

 

It simply says "Your account has been placed on hold for 15 days to allow YOU to contact OUR client on ... for the information YOU require. In the meantime, please continue with your payments towards this account, or if you have not yet set up an arrangement please contact us on xxx immediately".

 

I intend fully to ignore it.

[dx100uk]

good

 

did you do as post 9?

 

dx

[Jayney69]

I've checked Experian. Funnily enough, I had a number of credit card debts that were sold on to DCA's. The only ones showing are TSB Lloyds and Barclaycard, but Capital One (or Freds, etc) is NOT showing. What would this mean?

[dx100uk]

poss defaulted mre than 6yrs ago , so has fallen of?

 

or its sb'ed.

 

can you tell us the history please

with rough dates

 

dx

[Jayney69]

May have defaulted more than 6 years ago,

 

I'm a little vague because they've been with DCA's for so long.

 

Things started to go bottoms up around 8 years ago and I defaulted on most (Natwest, etc),

 

since then I've pretty much paid whichever DCA was collecting at the time.

 

Since I found this site, I've stopped doing that and CCA'd them all,

 

I will have a look when I get home and try and find out when I first defaulted.