Capital One & Cougar Finance

[Winpark]

Hi there,

I'm new to this site, so I hope you can bear with me.

I have 4 credit cards and, since November 2010, have found myself in huge financial difficulties due to my partners business suffering a large bad debt.

 

It has left me unable to pay even the minimum payments on these cards.

 

I have written to them all explaining the situation, doing a income and expenditure form and sending them a copy,

I have offered them all a payment pro-rata of what I can afford to pay each month.

 

All have agreed apart from Capital One who constantly phoned me, even after I had written to them asking for all correspondence to be in writing.

 

They were phoning up to 6 times a day, sometimes as late as 9.30pm, and were even phoning me on boxing day!

 

I have paid them the amount that I told them I could afford, every month.

 

Yesterday I had a letter fron Cougar Finacial saying that they are chasing me for the debt and threatened doorstep collectors or court.

 

I telephoned them and explained everything, I was told to carry on paying the amount to them instead, but Capital One may still take me to court etc.

and to contact Capital One to find out why my account had been handed over.

 

I was told that I could have a verbal agreement with Cougar Finance, but not a writen one.

 

I asked for the 'gentleman's' name to which he gave his first name, but refused point blank to give me his last name.

 

Capital One will have nothing to do with me as it has been passed to a debt collection agency.

 

I am at my wits end. I am so upset by the rude and threatening way that Captal One has treated me.

 

I REALLY need help. I am at the end of my tether and do not know how much more I can take.

[Sidewinder]

Hi and welcome.

 

Firstly, Have you sent a CCA request to CapOne?

 

Secondly, continue to do exactly as you are at the moment. Refuse to deal with the DCA - they can threaten what they like and have no legal powers as they are just CapOne's hired muscle.

 

Thirdly, CapOne are most unlikely to go down the legal route. They would get nowhere, and would probably be in trouble for abusing the Court process where the debtor is already maintaining payments that they can afford.

 

Finally - stop talking to them on the phone. Tell them 'In writing only' then put the phone down. Send the harassment letter from the templates if they persist and also inform them that you revoke any common law right for them to call on you at your home.

 

Use the letter templates here http://www.consumeractiongroup.co.uk/forum/content.php?68-debt-collection-library

 

You've come to the right place for help, so can hopefully relax a little and start taking control of YOUR money.

[maroondevo52]

Hi,

 

How old are the cards and do you have all your statements for the accounts.

[Winpark]

Not sure how old 4 or 5 years maybe? No statements, always shredded them

[maroondevo52]

There will be charges you can re-claim.

[Sidewinder]

Send them (Capital One) a Subject Access Request under the Data Protection Act. It will cost £10 but they then have to release copies of all documents held and this should include copy statements. You can then claim back late payment and default charges plus contractual interest. It could add up to quite a lot and they will be really happy that they didn't treat you more sympathetically!

[Winpark]

Thank you for your help. I have sent BOTH letters today by guaranteed delivery. I will let you know when I receive the answers to both the letters and then hopefully you can let me know how to proceed?

[Winpark]

I have received a packet from Capital One with a lot of paperwork in it. The package was damaged by royal mail. I have the 'copy' of my agreement, but it is just a short application form. No mention of APR etc on it. It also has a section about 'your right to cancel', which it says will be sent to me by post.

 

Is this a copy of an agreement enforcable by law?

 

I have been reading through the posts and have noted this one: Nationwide Credit Card Send CCA response to CPR request - Signed 'agreement' inside

 

Can I also use this letter?

 

Thanks in advance for any help.

[Lenin the Parakeet]

Thanks for all the advice and information above.

 

My Capital One account has just been passed to Cougar (I found this site while researching them) and, although I haven't been contacted directly by them yet, I feel better prepared.

 

Let battle commence.

[Lenin the Parakeet]

Well, I've been in touch with Cougar Finance for a few weeks now. I made them my pro-rata offer which they refused saying that it did not fall "within their client's parameters".

 

I asked what these parameters were and received no reply. However, they did send me a letter asking if I needed more time to pay.

 

Pay how much? When? To where?

 

I can see this one running and running......

[mumbo]

I am also having trouble with capital one and cougar finance, I was of sick for 15 weeks with appendicitis which had burst, didn't think I had to be concerned with my credit card because I had ppi on it. The actual payment for my ppi claim barely covered the premiums I had paid them, as a result my card has been defaulted and I owe an awful lot of added charges and late payment fees. Can anyone advise? I have written to capital one to ask why this has happened but as of yet had no reply from them.

[citizenB]

The PPI should have paid the mininum premium - if the charges and late payment fees are in respect of the Insurers paying late, then ask for them back. Ask for these back anyway as the charges are not enforceable

 

You will find a spread sheet in the link below.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?330996-Latest-Spreadsheets-PPI-Claims-and-Charges-Claims-Dec-2011