JoeSoapsSon and CapOne.Fredrickson

[joesoap]

I inadvertently hijacked AppleCrumbles thread so I've started my own and the short story is:-

 

Having made a claim to cap one I received a reply from the infamous R Uddy. He reviewed his fees and said he would like to reduce them and will refund the amount on the next statement. The account has been closed since 2001 so what a clever dick he is. 'Phoned cap1 and won't see any cash, it'll be taken off the balance that was owed when the card was closed. We've been paying Fredrickson (a DCA?) monthly payments to clear the debt and I have proof of payments (their own statements) but not unfortunately, the original letter advising me that they are persuing the debt. However, I 'phoned cap1 and was informed that Fredrickson did not own the debt, merely acting on behalf of cap1. I had already requested a CCA from Fredricksons but they have not complied and they have very little time left to do so.

 

To sum up, and with thanks to Armsoft for the help given so far, I've written to both cap1 and Fredrickson to sort out the lie of the land. Who owns what, who is doing what and who the hell should I correspond with. With any luck (eh!), I might receive quick replies.

[joesoap]

It's taken a while to get back into the swing of things after my son's wedding but I'm back!

 

Right, here goes. Told crap one where the refund should go, preferably where the sun don't shine. Crap one has replied to me to confirm that they own the debt but Fredrickson has been collecting. As the cca has not been sent by Fredrickson I've written to them to advise that an offence has been committed and no more payments will be made and to refund monies paid etc. Fredrickson advised me that the account had been put on hold in order that I could converse with crap one . They've totally ignored other correspondence. As a cca has not been returned, should i ask crap one for a cca? I don't see why as Fredrickson are/were acting on the behalf of crap one so they should be responsible. It appears that neither institution know who should be doing what. If this is the case, what hope have I got. Thank heavens for CAG.

[joesoap]

I don't believe it. I've just read Fredrickson's letter again and it appears that they have credited my son's account with £1. This will be the £1 I sent off for the CCA but was ignored. The letter was not signed for but the postal order correspondence section confirmed that the actual po that was sent to Fred. had been cashed. More power to me I think.

[pt2537]

Hi Ian

 

hope the wedding went ok?

 

i would send a CCA to capital 1 asking them to supply the credit agreement as they are the company who say they own the debt so they have to produce the goods

 

good luck

 

paul

[doo]

Fredricksons will only send CCA request onto cap one - so I would take advice above and ask Cap One for CCA, I eventually got mine just in time. When you say you accepted Cap One's reduction of fees I take it - it was at the reduced amount, are you continuing for the full amount.

[joesoap]

Wedding was brilliant, thanks for asking. It's hard to get going again.

 

So are you saying I should start the whole process again for Crap One with new time limits? Also, should I send another £1 as Fredrickson's have graciously credited his debt with the original. In the meantime, should I write to Fredrickson's and advise that I've now requested a CCA from Crap One as they couldn't bother their @rse to provide or forward to Cap One; but they might have. I take it that I should resume paying the monthly instalments.

 

IanM

[pt2537]

Hi ian,

 

The thing to do in my opinion is to direct everything to crap 1 not fredricksons. i would send them a 1.00 cheque asking that they supply you the docs under the CCA 1974 s.77 or s.78 depending on what finance it is you had. if they fail to comply then after 12 days the are in default and the debt is un enforceable under the CCA.

 

regards

paul

[joesoap]

Hi ian,

 

The thing to do in my opinion is to direct everything to crap 1 not fredricksons. i would send them a 1.00 cheque asking that they supply you the docs under the CCA 1974 s.77 or s.78 depending on what finance it is you had. if they fail to comply then after 12 days the are in default and the debt is un enforceable under the CCA.

 

regards

paul

 

Thanks Paul. I've got some info off Battleaxe as well but as the debt can be described as in dispute, I'm not paying anything else.

 

Ian

[ukaviator]

You send the request to the original company. Capital One in this case.

[joesoap]

I've sent the request off to Crap 1 now. However, I'm still a bit peeved about Fredrickson using the quid postal order to reduce the debt. I know I'm being picky, but surely that is illegal, using money for something that it was not intended.

 

Ian

[joesoap]

This is getting silly. I have just received a package from Fredricksons containing copies of all the STATEMENTS but no AGREEMENT. I didn't ask for the statements. My request for a CCA to Crap 1 has gone now so it makes the statements irrelevant!

[pt2537]

Hi Ian,

 

dont let the b@$tards get you down, just plod on with the request to cap 1.

 

as you know they are F&*KED if they cant supply it so nothing to worry about.the statements are only gonna be useful if you are reclaiming charges, however look on the bright side, at least you never had to send a tenner to get your statements:D

 

regards

paul

[joesoap]

Hi Ian,

 

dont let the b@$tards get you down, just plod on with the request to cap 1.

 

as you know they are F&*KED if they cant supply it so nothing to worry about.the statements are only gonna be useful if you are reclaiming charges, however look on the bright side, at least you never had to send a tenner to get your statements:D

 

regards

paul

 

Cheers Paul

 

They won't get me down. Statements for free, can't be bad and they don't own the debt, andthey've credited sons account with a quid. How you getting on with your other claims, any good?

 

I'm off to Ayr tomorrow for the Scottish Grand national, two days on the hoy with eleven other old men. 25th year in a row. Nobody and nothing gets me down at this time of year.

 

Ian

[pt2537]

Hi Ian,

 

Glad to hear you not letting them get to ya:D ,

 

my other claims are going fine, lloyds and barclays are at the court stage the have filed a defence and the woolwich are 5 days away from the court forms being filed. cant wait to get my hands on the money though as the sods fight harder than balck horse did

 

a weekend on the Pi$$ then? excellent, i wish i could but im at the college of law in guildford on sunday for a research day so no beer for me this weekend.

 

hope you have a good weekend,

 

paul

[joesoap]

Give me effing strength. Just received a letter from Fredrickson's saying that the agreement has not been honoured and if the account is not brought up to date immediately it will be automatically passed on to their solicitors, Bryan Carter. I wouldn't care but we've already ascertained they do not own the debt and the information they give is incorrect and the account is in dispute. Isn't it illegal to chase up when in dispute? I take it I write back to Fredrickson's and advise that they cannot chase the debt at the moment, or ever. I'm still waiting for the CCA from Capital One! Any advice or templates I can use?

 

Ian

[joesoap]

Just received letter from Fredrickson. They've been instructed to take no further action. That's them off my son's back (apart from getting back and confirming that any defaults they put on have been removed) but I still have to deal with Crap1. As yet, the CCA hasn't been supplied; with any luck, they'll not be able to find it. Outstanding balance is only a ton anyway taking account of charges.

[joesoap]

This is the letter I received

 

Image of Fred1 - Photobucket - Video and Image Hosting

[joesoap]

Just an update. Crap 1 have supplied the CCA - not! It's an application form. I've sent it back and told them to send the real "I AM". Calculated exact charges and with what No1 son's had back and what he is due, Crap1 owe him £44 (better than nowt) and he'll have no debt (except to me of course). Champion.

[doo]

I have one of these CCA's . Good news about your son's charges, great result if it leaves him debt free.

[mrxxxmas]

morning doo, im not tring to hijack thi post, but could you please help me with this?

 

http://www.consumeractiongroup.co.uk/forum/capital-one/93065-problems-filling-spreadsheet.html

 

mrx

[joesoap]

Sending these applications, they must think we are stupid! I probably was befor CAG mind, as were we all.

[joesoap]

Update

 

Things getting on me threps now. I've done a bit of tooing and froing with cap 1 and they won't play ball. They insist the young un still owes them £100. I've not paid them anything lately and although I informed Cap 1 that the account was and still is in dispute, the clowns have sold the debt on to Robinson Way. Can you believe it? Yes, I'm sure you can. Although Crap 1 said no more correspondence, I've bashed a letter off basically telling them to shove their heads where the sun don't shine. I'm waiting for the begging letter from Robinson Way and it will then give me great pleasure to advise them that they have bought a disputed account. I can't see them being best pleased about it!

[joesoap]

Despite the account being in dispute, Crap 1 have sold the small debt on to Robinson Way. 3 letters received today and I've emailed/faxed back to Robinson Way to confirm that shouldn't have got involved.

[ukaviator]

Yes, you should inform them that the account is in dispute, and no action can be taken. I would still make token or you're monthly payments to keep them from hassling you.

 

Uk

[joesoap]

This is the letter I intend to send to Robinson Way. Any comments or is it ok? 99.9% of posters state that payments should cease. As it's not actually Robinson Way that's in default etc, is that why your saying "pay them" or is it because they are a pain in the rear? I wouldn't care but the outstanding debt at most is £100, probably less.

ACCOUNT IN DISPUTE. I DO NOT ACKNOWLEDGE ANY DEBT TO ROBINSON WAY OR TO CAPITAL ONE

Collections Manager

Robinson, Way & Company Ltd

London Scottish House

Quays Reach

Carolina Way

Salford

M50 2ZY

Dear Sir/Madam

Your Ref:

 

Account No:

Thank you for your three letters (dated 12/7, 12/7 and 16/7) that were received today, 18/7/2007.

I have attached a copy of the letter I sent to Capital One last week. There have been many others of course!

This account is in dispute and I am sure that because of this, you will be well aware Capital One was not in a position to sell on this alleged debt. Capital One has not provided a true copy of my properly executed agreement as requested, only a copy of the APPLICATION FORM.

Should you be able to provide a copy of the properly executed agreement (and Deed/Notice of assignment), I will enter into dialogue with you regarding the best way forward. I expect an early reply but realise of course that you may wish to converse with Capital One.

All replies should be made to my Representative using the Email address above. I no longer live at the address at the top of the letter and only pick up mail “when I am passing”. You can use this letter as authorisation to communicate with my Representative.

We look forward to your reply.