PDADDY & WIFE vs. CAPTIAL ONE CCA LETTER

[sunflower99]

sorry pdaddy! I never gone down road of trying to get defaults removed so i can not advise you about that,Hope some else pops on who can or you find some threads that talkm about default removal if you enter a search for them

[pdaddy]

ok thnaks as always sunflower, appreciate your other replies too : ) P

[sunflower99]

ok thnaks as always sunflower, appreciate your other replies too : ) P

Hi Pdaddy

Glad to have been of help and hope crapital one get of your case soon and soon give up on you and start pusihng your case to the back of their filing cabinet which they eventually often do going by many caggers experiences when they realise you a troublesome cagger and its not worth wasting their time keep bullying you and your OH! Just keep your chins up and dont let them get to you!

[pdaddy]

ok all

its getting very serious now.

it appears that Cap one have past our account for collection with 2 (yes two) DCAs at the same time!!

is this normal practice?

so far this week, I have had letter from FPC and also calls to my mobile, I have also received another letter form CAP QUEST as well as calls to my mobile from their Fleet HQ and to my home phone. I have also received some urgent text messages to call them.

my wife this week has had calls form CAPQUEST. as well as two letters (see links to scans of her letters)

I need some advice on this, as her letters and dates contradict each other.

letter dated 10th April is threatening litigation is about to start (anyone else had this threat?), nice introductory letter to a Mr. Marcus Butterworth who is case handling supervisor (again, anyone got experience of the case dragging this far with capquest?) al;though balance is stating £1212.49 at top of letter, he mentions an 'offer' of only £974.76 to clear the account. when we know that at least £300-400 on this is for late penalty charges & interest accrued since august 2009 when the account entered into dispute (and still is)... (I then sent a letter 'account in dispute with some additional content from me' in response to this letter)

she then gets a letter dated 14th April (please see copy of scan) which states - please find copy of document as requested.this made me laugh,as I have requested a true and executed copy of original CCA prescribed terms, when they have sent my wife is EXACTLY what they have sent her before, some months ago, a 'guaranteed acceptance form' or in lay mans terms, an application form that has been signed by my wife, (I had posted a copy of this some posts back - see earlier in thread) but no where on it does it set out and prescribed the terms of the agreement (as per CCA1974 rules right?) so the fact that they are STILL trying to pass this APPLICATION form off as a true and executed copy is beyond me - can anybody confirm - they are just chancing this right???

I also have a letter dated 13th April just saying balance due, possible litigation threats, doorstep visits etc, in fact im sure its a replicate of a very similar letter I had received form them last month, which I replied to them with an account in dispute letter. it states I must contact them by 22nd April blah blha blah

I really need some advice on how to handle Marcus Butterworth at capquest, and what to stay as the letter/application form they're trying to pass off is nonsense.

I know ill be re assured by someone (sunflower : )) but need as much solid advice on how to handle this and any pointers to any template letters to see off these DCAs. also to hear form anyone else whom have also had 2 DCAs simultaneously chase after them, in fact a few weeks ago I did have another one, but they seemed to give up (im guessing?) and go away. it just seems we have FPC and CAPQUEST on our backs at the moment.

please help a very worried and nervous Mr. and Mrs. p daddy!

cheers

Pete

[pdaddy]

links for images of letters

 

http://i40.tinypic.com/2z8upno.jpg

 

Image - TinyPic - Free Image Hosting, Photo Sharing & Video Hosting

[sunflower99]

Dear Sirs,

 

I write in response to your letter dated XXXXX

 

Your letter is incorrect and frivolous, you are fully aware of legally valid reasons why no payment has been made on this account, namely that the agreement which underpins this account has not been supplied despite a perfectly valid request and furthermore, it is suggested that notwithstanding the failure to supply a copy, the agreement itself is improperly executed, devoid of all prescribed terms and deficient in respect of detail relating to APR, total charge for credit and statements of rights ,remedies and protections as required by schedules 1,2 and 6 Consumer Credit Agreements Regulations 1983

 

Therefore the agreement as outlined in section 65 (1) Consumer Credit Act must be laid before the court to be granted an enforcement order before any further action can be taken

 

It is my view that the court would not grant such an order due to the deficiencies that I have outlined within the agreement, furthermore the absence of any documents disproving my points itself speaks volumes

 

Therefore, I would indeed welcome the opportunity to place this before the court. furthermore should you proceed with the threats to issue a court claim I will make an immediate application to have it get=_blankset aside for the grounds outlined above, also I shall refer the judge to this letter when the matter of costs falls due

 

I trust this outlines my position clearly enough for you

Have you sent the above letter to capquest ? for your wifes one?

[pdaddy]

no i havent yet, i will do today... as in now. cheers sunflower.

 

what do you think abotu the fact i have 2 DCAs chasing us?

[sunflower99]

Hi Pdaddy

I dont want to worry you but Capquest can be quite a nasty piece of work and very persistant ,So it is very important your wife sends them some firm leters like the one above to show she knows her rights and capquest is a dca you will find you are advised sending a few letters to and responding too.I am trying to get some advice from someone else who had to deal with capquest before..But youshould send above one of as soon as possible

[sunflower99]

no i havent yet, i will do today... as in now. cheers sunflower.

 

what do you think abotu the fact i have 2 DCAs chasing us?

what year your wives card taken out?

[sunflower99]

Hi Pdady

So have you got capquest chasing you as well as your wife?

[sunflower99]

If you got fpc and capquest both chasing you it not very fgood,I have heard that it is supposed to be against OFT guidlines chasing one person with two DCAs,May be worth phonning up Oft and asking them about it,I never heard of FPC what does that stand for out of interest?

[pdaddy]

in answer all your q's

 

1. wifes card taken out (or signed for on the application form) 15th sept 2004

 

2. yes capquest chasing me and also my wife.

3. yes i have 2 DCAs capquest and FPC chasign me. wife jsut has (at the mo) capquest chasign her. not sure what FPC stands for but theyre based in surrey. it says on letterhead they are a trading style of Frederickson?

[beachcomber60]

Subscribing

 

FPS is a 'new' trading division of Fredrickson International.

 

Pdaddy has capone sent you a DN? If so can you scan it up

 

Also have you received a termination letter from capone?

 

I've 'seen off' capquest/HL Legal over my capone card, it can be hard work but you can beat them, the important thing is to keep on top of correspondence with them - they write to you, you write back (recorded) pointing out WHY they are wrong & never EVER speak to them on the phone (unless you can record the calls).

 

I bought True Call because of Capone/Debitarse (and Barclaycard) & their phone calls stopped dead in there tracks as they CANNOT get through to you once their number is programmed in.

 

I'll have a look through my letters & see if I've got something you can throw at capquest/HL.

 

I think Sunflower is correct in saying its a breach of OFT guidelines for two DCA's to be chasing the same account at the same time.

 

Beachy

[sunflower99]

Hi Pdaddy

Beachy is right and given you good advice there ! Both you and your wife must keep on top of sending letters to capquest and fredrickson and any other DCAS,and doubly so when t they make those sort of threats or theywill asume you dont know your rights and perceive you to be easy prey,people here like Beachy seen of capquest but you need to be firm with them and keep up with a barrage of letters like Beachy advises.

[sunflower99]

Hi Pdaddy as your wife and you got seperate crapital one accounts you should post your wifes Default notice cca and lettter up as well as yours .That why i think it may be a bit less confusing if you had one thread for your crapital one problems and another thread for your wifes crapital one problems!

[sunflower99]

HI pdaddy may be worth a complaint to Oft if both capquest and fredrickson been est on you at same time.They both use different solictor as well Capquest uses H L Legal and fredricksons use a solictor called Bryan Carter

Edited April 18, 2010 by sunflower99

[pdaddy]

hi both, thanks again for your replies.

 

is a DN a default notice? yes have had them i think? but not sure on accoutn closure letters, i will check and let you know and scan up.

 

thanks for info, have instructed wife not to spek to them, dya know capq called yesterday on a sunday at home, i told them that letter sent on friday registed will be there today, it answers all their questuions. seen a few more missed calls form them today on the mobile.

 

ok cool, its reassuiring as i have been on top of replying all the time, its become a game, but one that i am on top of, keepign to my point and stickign to it.

 

am goign to check the OFT thing now and let you know too.

 

apologies for causing confusion, as both me and wife have our own cap one accounts, i thought id jsut do the one thread with a dual cause! as we both had, up to a point, recived identical correspondence. but funnily enough differeing replies of late. its weird?

 

anywya off to find some facts!

 

P

[pdaddy]

hi all, little update. i have recived a letter form capquest (wife has recived identical one too) yesterday thnaking us for our letter, but they say it has to be signed as a signature (i never sign ANY of our correspondence) for them to verify us and wont process our correspondence till we send them a signed letter.

 

ill upload contents shortly

 

but my main concern was i had read somewhere before that you dont 'legally' need to sign anything, and theres some law to say you dont need to, but i forgot the thread i read this on... and what i need to say to them now... any ideas?

 

btw - the calls over the last 2-3 days have ceased... im guessing theyre gettign the message or jsut waitin till they here back from us...

 

P

[beachcomber60]

Hi Pdaddy,

 

I never signed any of my letters in my dealings with them

 

Beachy

[sunflower99]

Yes that is a new excuse they seem to be using:rolleyes: ! Just ignore them and keep sending unsigned letters,It up to them if the twits choose to ignore your letters! Tha main thing is you sent them and shown them you know your rights! as the pillocks must have read your lettter to notice you not signed them! LOL

[pdaddy]

hehe thnaks sunflower

 

anyway, get this....

 

on friday wife gets home from work, new letter from CAPQUEST saying theyre 'sorry' but when they took the account form their 'client' they were 'unaware' the account was in dispute as such... and have (cue drumroll) decided to terminate the account and hand back to their client..!!!

 

ill scan in the letter later for you all to see...

 

weirdly enough, i havent recived my letter yet, despite, in each instance, myself and wife have recived indentical letters all the way along, and have sent back indentical replies to each one of their waste of stamps/paper!

 

so i guess im living in hope and will be funny to see whom they now decide to pass us onto?

 

oddly enough i had recived a 'very delayed' letter in the post (dated 24th march) from capitalone responding to a letter i sent about 6 months ago, askign for them to stop calling (telephone harrassment letter) buffoons of the highest order!

[sunflower99]

Well done! Pdaddy At least for your wife now it is another one bites the dust!:DwOnder who she will get next ,Some people in the crapital one fan club have had had NCO set on tem next! or Lowells the leeds loosers! Hopefully you will be getting same lettter from capquest soon!

[pdaddy]

ok little update after the bank holiday weekend:-

WIFE - gets letter from Capital one askign her to pay the balance and to 'keep making regualr payments to her account' hahahah, as she had her letter from capquest admitting defeat saying the account had been passed back to Capital One.

 

ME - get final letter from FPC saying theyre no longer pursuign this account, it has been handed back to their client.... BUT

 

im still getting daily calls from Capquest to mobile and home, i ignore the mobile calls, but they caught me off guard at the w/e and got me at home, askign if i had recived a letter (which i hadnt) askign me to re send in my last letter signed, i said i didnt need to sign it, "oh yes you do mr doyle".....'why?'..... "its company policy mr doyle".... and i reply with 'which is'.... "oh it just IS mr doyle".... we went round in circles for 5-6 minutes, the poor guy didnt stand a chance with me, i explained to him he needed to re send his letter, to which ill reply with a letter (standard) and that i wont ever be signing my letters, as thats MY policy... i asked him as i have 3 kids, to think of their future and of that of our environment, so is it RELALY necessary to enter into a letter swappign exercise, think of our fragile planet.... he gave up

 

so im currently awaiting a letter from Capquest.... lets wait n see what they say and what happens next eh?

[sunflower99]

Good on you! Glad you giving them as good as you get!

[rev.ian]

Hi guys, you certainly do not need to sign your letters, most letters I get from DCA’s are signed by the company name.

If they get your signature they are likely to use it on a fake credit agreement and present it in court.

You really should never talk to them on the phone, if they catch you just refuse to confirm the security questions and they can’t continue the conversation.

If you ever get two DCA’s after you for one debt send a letter including this - The Office of Fair Trading Debt collection guidance 2.6 C (using more than one debt collection business at the same time resulting in repetitive and/or frequent contact by different parties).