Account returned to Capital One

[steviepollock]

Hi all,

Looking for advice on what to do now!

Having done the dance with various DCA`s.

I have now received a letter from Crap one

advising that the DCA is no longer dealing

with my account and has been returned to

them.

Do we continue with the dance by asking

for the CCA again?

[cerberusalert]

Do we continue with the dance by asking

for the CCA again?

No wait until the next creature crawls out of the woodwork & then send the 'bemused' letter if they still haven't provided the CCA.

[Tingy]

Not sure I agree - sorry! While it is back with the OC is the perfect time to find out if the original agreement does exist. I'd CCA them to find out. If it doesn't, then get it in writing that at the moment they cannot enforce the debt, then if it starts the rounds again, just send a copy of this letter to the DCA.

[cerberusalert]

The OP has already requested the CCA & as it hasn't been provided the a/c can be put in dispute. If another DCA comes calling they can be sent on their way with their tail between their legs.

[steviepollock]

Sorry not explained this correctly,I haven't asked for CCA as yet,

wondering if should do so now as reply to letter sent from Capital 1

advising that DCA no longer managing on behalf of OC.

[cerberusalert]

In that case send the CCA request.

 

Who was the DCA incidently?

[steviepollock]

There was a couple of them think started with Cougar,then shifted to AIC who were quite nasty.

[Tingy]

It will be interesting to see if the OC comes up with an agreement - if they don't, then you're on strong ground.

[steviepollock]

Thx gys will send CCA ASAP .

[steviepollock]

Hi I received a reply from Cap 1 stating that it will take them a " while to look into my situation and come back with a detailed response.We`ll do everything we can to get an answer to you within four weeks of this letter."

I sent the CCA request on the 8th Feb so obviously this goes beyond 12+2,What would be my next step?

[cerberusalert]

Send them the a/c in dispute letter; http://www.consumeractiongroup.co.uk/forum/content.php?436-Failure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale.

[steviepollock]

Lo & behold I received my CCA,even came with a statement of account.

All looks above board.

Is this the end of the road is there any other steps I can take.

[cerberusalert]

Have a read of this thread to see whether it's enforceable; http://www.consumeractiongroup.co.uk/forum/showthread.php?162851-Consumer-Credit-Agreements-a-guide-to-enforceability

 

Are there any unfair charges or PPI which you can reclaim?

[steviepollock]

Yeah! there will be PPI & interest,but the amount I dont know?

[cerberusalert]

If you send a SAR you should get copies of statements etc, this will able you to determine what PPI payments and unfair charges which you can reclaim + statutory interest. This will help reduce the alleged debt.

[steviepollock]

Just looking at the CCA & I notice that I haven`t ticked the box for PPI but there is a tick about two inches to the left & also I haven`t signed it for PPI either but i`m sure they were taking payments for it.

They have said in the letter with the CCA that they will not be entering into any further correspondence regarding the provision of copy agreements as my agreement is enforceable and will be treated as such.

[cerberusalert]

If you send a SAR to the original creditor they are obliged by law to provide the information you request for a statutory fee of £10. If they fail to comply just make a complaint to the ICO & they are liable for a hefty fine.

 

It matters not one joy whether they want to enter into any correspondence or not. Incidentally, it's not their place to determine whether a CCA is enforceable or not, only a court can do that.