Cap1 Card 'debt' and freds dca

[Baz1994]

My OH received a 'Confirmed Resident' letter from FPC before christmas in respect of an outstanding debt but no details, asking for payment ?

 

I told her to ignore it, in which she did

 

 

now she is continuously receiving further letters,

this time with a balance outstanding on a debt with Capital One,

that she vaguely remembers but not sure how long ago.

 

Does she just ignore them or should she now send the standard DCA letter not acknowledging the debt

and requesting the original CCA agreement / Notice of assignment details etc ?

 

 

even if she sends a letter not acknowledging the debt,

will this still be deemed as acknowledging it, if it is possibly statute barred ?

[ericsbrother]

a cca request does not acknowledge a debt, it is a request for proof of original credit agreement. Yoou have one of those even if you never used the card it was for. Wont affect validity of debt nor SB date but you could add the rider that you do not acknowledge any debt to Freds/capone

[citizenB]

You might also want to consider checking your credit files to see if this debt is still being recorded. You do need to establish the last date any payment was made in order to work out if the debt is or might be statute barred.

 

To obtain any other data other than the agreement, you will need to send Capone a Subject Access request which will cost you £10.00 - they have 40 calendar days in which to respond. You would likely find the last time you made any payment to them, if there are any charges or payment protection insurance on the account - when they sold the debt, etc.

[Baz1994]

You might also want to consider checking your credit files to see if this debt is still being recorded. You do need to establish the last date any payment was made in order to work out if the debt is or might be statute barred.

 

To obtain any other data other than the agreement, you will need to send Capone a Subject Access request which will cost you £10.00 - they have 40 calendar days in which to respond. You would likely find the last time you made any payment to them, if there are any charges or payment protection insurance on the account - when they sold the debt, etc.

 

OK many thanks for your kind replies but in the meantime shall she just ignore FPC letters or should she respond accordingly ?

[citizenB]

If you are not yet being pursued or pestered for payment - I would just file the letters.

[Baz1994]

If you are not yet being pursued or pestered for payment - I would just file the letters.

 

Thanks citizen but the letter received today is asking OH to contact them to discuss a repayment plan and that Capone have instructed them to contact her.

 

There is no breakdown of the amount requested even though not a large sum.

[citizenB]

Ah.. so this hasn't been sold and is still with the original creditor, yes ?

 

If you an establish reasonably swiftly when the last payment was made, then you could possibly safely ignore them. If it is going to take any length of time for you to do that.. you would need to hold them off.. in which case, CCA to Capital One and perhaps a short note to FPC advising that you are still waiting for your s78 request to be complied with.

[Baz1994]

Ah.. so this hasn't been sold and is still with the original creditor, yes ?

 

If you an establish reasonably swiftly when the last payment was made, then you could possibly safely ignore them. If it is going to take any length of time for you to do that.. you would need to hold them off.. in which case, CCA to Capital One and perhaps a short note to FPC advising that you are still waiting for your s78 request to be complied with.

 

Cheers Citizen

 

Well thats the question, how can I be sure it has been sold or not ? Not sure when last payment was made and if amount is correct.

 

I will ask my OH to send a CCA request but send to who ?

[Stigman]

I will ask my OH to send a CCA request but send to who ?

 

You send the CCA request to whoever is chasing you, so send to Bryan Carter.

 

Stigman

[Baz1994]

You send the CCA request to whoever is chasing you, so send to Bryan Carter.

 

Stigman

 

Ok will do

 

Cheers

[citizenB]

Cheers Citizen

 

Well thats the question, how can I be sure it has been sold or not ? Not sure when last payment was made and if amount is correct.

 

I will ask my OH to send a CCA request but send to who ?

 

You mention that this company have been asked by Capone to contact you ? If that is the case, then Capital One still own the debt.

 

If the debt has been sold, then either the new owner or the original creditor are obliged to send you a Notice of Assignment.

 

Agree with Stig, send the CCA to whoever has sent the latest letter and see what response you receive.

[Baz1994]

You mention that this company have been asked by Capone to contact you ? If that is the case, then Capital One still own the debt.

 

If the debt has been sold, then either the new owner or the original creditor are obliged to send you a Notice of Assignment.

 

Agree with Stig, send the CCA to whoever has sent the latest letter and see what response you receive.

 

Many Thanks citizenB

 

I will get her to send one and see what they comeback with.

[citizenB]