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leanne1892

capital one/fredrickson debt please help

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Hi All,

i have a debt occured on a credit card with Capital one on the 12th Oct they wrote to me to advise the have passed the debt to Fredrickson to act on their behalf, I then got a letter from Fredrickson dated the 17th Oct advising to send payment immediatly etc.

 

I sent them a CCA request on 22/10/2012 which was recieved on the 23rd Oct they sent an acknowledgement letter stating they were referring this to capital one dated 26th Oct and get back to me when they have received it.

 

Today i have received a letter dated 6th Nov but date stamped for the 13th Nov, it states:

 

I applied online for and signed for the account on line, they enclose a original agreement with Capital one, a copy of defaulted agreement (unable to find this enclosed) and T&C

 

However further in the letter it states they are not required under s78 to provide a copy of default notice and statement of default, however they can confirm a statement of default was issued on 2nd Jan 2011.

 

So basically i want to know if this is correct wether they do need to provide this too me, and also with me sending the original letter and it being received the 23rd Oct the 12+2 days would be up before they posted the letter out to me is this allowed? As i requested a reply within 12+2 days but only today received this.

 

How can i proceed is this enforecable in court as there letter states it is and they will treat it as such.

 

Thanks :)

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A CCA Request should result in your getting either a copy of the original agreement or a reconstructed one, the T&Cs at inception and the T&Cs at the time of default. In addition they should provide an up to date statement of account.

 

There is no requirement to provide a copy of the default notice.

 

The fact that they may be late in supplying data is nothing you can rely on. If they have complied, albeit late, then that is good enough.

 

What about unlawful charges on the account which can be reclaimed and/or mis-sold PPI?


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Hi thanks for the quick reply :) no ppi but unsure what charges have been added like late charges etc? How would i go about obtaining this info? Also theres only one set of t&c so am i right to assume there has been no alterations so no need to send others? Thanks :)

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Hi thanks for the quick reply :) no ppi but unsure what charges have been added like late charges etc? How would i go about obtaining this info? Also theres only one set of t&c so am i right to assume there has been no alterations so no need to send others? Thanks :)

 

 

 

Need to SAR them that should give you info?


:mad2::-x:jaw::sad:

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If they haven't supplied later T&Cs then there may not have been amendments or they haven't sent a later set. I think that should be taken as only a minor point though...they could sort that out at any time.

 

As the others have said, a SAR to Cap1 would be a good idea. Reclaiming any charges will mitigate the amount you owe.

 

If Cap1 still own this debt/account I wouldn't deal with Freds, I'd deal with the original creditor but that's my personal view.

 

Have you checked your credit file to see what it says about this debt?


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Hi thanks, ill get a Sar sorted, once i find out the charges how do i go about getting them taken off? Ive reviewed by credit file via noodle and it shows as Capital one which was updated on 30th Sept. These letters are dated after this so unsure who owns the debt, although the original letter sent by Capital one states they are allowing Fredrickson to ACT on the behalf so to me that means its still with Capital one, thanks all :) much appreciated

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When you have got your SAR data, you can complete a spreadsheet which we can give you.

 

This will work out what interest you can claim on the charges as well.

 

Then you would wrote to Cap1 requiring them to remove the charges from the account.

 

If they don't then you may need to sue them to get them removed or use it as a counterclaim/defence should they decide to take court action.

 

If Freds don't own the account then they themselves cannot issue proceedings, only the owner of the debt can do that.


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1. Single Premium PPI Q&A Read Here

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6. Staying Calm About Debt

Read Here

7. Thinking of a Full & Final Settlement?

Read Here

 

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Hi all thanks for all your replies, i never got round to sending off SAR request and not much more was said, i letter was received by Bryan Carter Solictitors stating that if full payment is not within 14 days they will recommend there client to action proceedings without further notice this was dated teh 28th Dec, now 14th Jan a letter from Fredrickson saying Despite a letter from Bryan Carter Solicitors you have failed to discharge your debt with our client capitalone, we are prepared to offer you one final oppourtunity to pay before recommending our client to instruct solicitors to issue a claim at my address, at this late stage and as a gesture of goodwill, we are prepared to accept a full and final settlement on this account providing i call an 0845 number within 48 hours..... firstly why am i receiveing a letter from fredrickson after the initial letter dated 28th stated this was my last chance? now they are offering me a full and final settlement as a goodwill gesture.. what does this mean? the amount owed is £814.19 and theres no way i could pay that, thanks xx

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Sounds like the DCA's are now worrying that they have no correct paperwork so they are chancing their arm that you'll cough up the F&F.

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a cca request has been completed though? it was an online application an they sent me a copy of terms an conditions etc so i assume the paperwork is in order, but i dont want to ring them as ive already told them to put things in writting so unsure what they are actually willing to offer me:

A) If i pay it ALL off nothing more with be actioned?

B) If i pay x amount nothing more will be actioned?

C) They are chasing there tails hoping i pay something?

 

I am not tyring to get away from my debts but i want to ensure they are all in order and I only pay what the debt actually was i.e. no charges .....

 

Thanks :)

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haha :) ill hold fire until the next the letter as theres no way i am going to ring them to be bullied, thanks

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It is a real pity that you didnt send the SAR as you would now know exactly what the true debt is minus the charges.


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do you think its best i send the SAR mite sound stupid but not really had the £10 to send :/ just confussed with there letters so need to know where i stand, thanks

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I have just received a phone call (voicemail left as missed it) from Fredrickson, I have already requested months back round end of Oct 2012 along with a CCA request that they dont contact me via phone calls and that they delete contact numbers held for me, they have not used this method until now, and they sent me a letter dated 26th Oct confirming receipt of my request, is there another letter I can send to again state NO phone calls and for my details to be deleted? Thanks

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OK Formal Complaint Breach of OFT GUIDANCE 2003/2012

The Compliance Manager Freds'

 

Ref: use theirs .

 

Sir,

I refer you to my letter dated xx xx xxxx in which you were instructed NOT to contact me by telephone, Fredrickson have obviously decided that the OFT Guidance on Debt Collection section 3.3 (k) in reference as to where,when and how a debtor (alleged) they are contacted.

 

A report on this now being sent to the OFT with a comment on the fitness of Fredrickson to hold a consumer credit licence.

 

 

ALL telephone contact WILL now cease any further breach will result in action for harassment.


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