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capital resolve chasing old co-op card 'debt'


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Guest Porkwellington
hat was the result of the CRa file?

 

does this debt show?

 

dx

 

I ended up doing a checkmyfile thing for £20 and it showed up there - is that what you mean ?

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yep

and who is shown as the owner and what is the status of the debt?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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You say there has been no response to the assignment letter.. It might be worth pressing on that issue.

 

Dear Sir or Madam

 

Reference numbers

 

I am enclosing a copy of a letter I sent on DATE. To date, I have received no response to this.

 

In order to establish if there is any liability owed to you, I must insist you respond immediately.

 

Please also note, that the information provided in response to my s78 request DATED is not complete.

 

I am entitled to receive a copy of the agreement, statement of account, terms and conditions from both inception and current.

 

Please comply with your obligations immediately.

 

Yours etc.

 

SIGN OVER A GRID OF xxxx's

 

Enclosed : copy of request for Notice of Assignment DATED

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4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

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1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Guest Porkwellington
yep

and who is shown as the owner and what is the status of the debt?

 

dx

 

Sorry - I didn't read your entire question "For a variety of reasons this debt hasn't been serviced for around 2 years." and is defaulted.... double checked and it's definitely the coop...

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so any dca can threaten what they like

 

cant do anything though as they are NOt the owner

the co-op are.

 

me thinks its a phishing trip

 

what is the defaulted date?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Guest Porkwellington

They want a reply - full settlement, or call one of their debt councillors by the 13th.

The letter was issued on the 6th

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Guest Porkwellington
They want a reply - full settlement, or call one of their debt councillors by the 13th.

The letter was issued on the 6th

sorry - they have sent the letter on behalf of the coop (so would a request for statement of ownership still be required ?)

It's also (if they take action) saying that my house and personal possessions may be seized by a bailiff - when it is an unsecured debt

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they dont own the debt

 

std threat-o-gram

 

ignore

 

they have no legal powers!!

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Guest Porkwellington
they dont own the debt

 

std threat-o-gram

 

ignore

 

they have no legal powers!!

 

dx

 

Fabulous - thankyou very much snd makes a lot of sense now I think about it.....do we think that it is worthwhile sending a letter to follow up the info that they didn't send to me the first time - or shoudl I just leave it ?

 

The letter says that court proceedings will start automatically if they don't have communication by the 13th ?

 

Again - thankyou for the advice - this is all making me very tired - I've just had a letter from Wescot finance asking me to confirm that I live here - which I do - so I'm expecting to be doing something similar again - in the near future !!!

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the letter does not say that READ IT PROPERLY.

 

why both replying to any DCA!!

 

there is NO LAW that says you must

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Guest Porkwellington
the letter does not say that READ IT PROPERLY.

 

why both replying to any DCA!!

 

there is NO LAW that says you must

 

dx

 

OK - Got it..... indeed - why would anyone reply to one of these DCAs

 

Yes I've read it properly now

 

Not used to dealing with this sort of deviant !

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Right, is Wescott pursuing for the same debt ? If so, then this is a serious breach of OFT guidelines to have more than one company chasing the same account.

 

I think you need to establish if there are any charges or PPI on this account - send a Subject Access Request to the Co-op.

 

You did say in an earlier post that you had thought this account to have been dealt with - was this a joint account ?

 

Also, I dont understand the significance of the - bit torn off the bottom of the agreement..

 

Are you able to scan in and post that up for us to see ? removing any identifying information first of course.

 

Dx100 – Instructions on uploading pdfs

scan the required letters/agreements/sheets

as a picture file

remove all pers info inc barcodes etc using paint

but leave all figures and dates.

goto one of the many free online pdf converter websites

convert the image to pdf format.

or ir you have PDF as an installed printer drive use that

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

NB:you can set where it goes in the post by hitting insert inline.

the hit reply button

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Guest Porkwellington
Right, is Wescott pursuing for the same debt ? If so, then this is a serious breach of OFT guidelines to have more than one company chasing the same account.

 

I think you need to establish if there are any charges or PPI on this account - send a Subject Access Request to the Co-op.

 

You did say in an earlier post that you had thought this account to have been dealt with - was this a joint account ?

 

Also, I dont understand the significance of the - bit torn off the bottom of the agreement..

 

Are you able to scan in and post that up for us to see ? removing any identifying information first of course.

 

 

Profuse apologies for the tardy response. I hope that the attached doesn't have any personal stuff in it and you should be able to see 4 pages: 1 - cover letter, 2 and 3 the application form that I initially sent off to get the card 16 years ago, 4 - the alarming pay up letter.

 

The reference to torn off is on page 3 which is shorter than page 2 and has a rough edge along the bottom where someone has taken off the bottom inch.

 

Is the "pay up now" form being clever in that it is one of Capitals forms - made to look like something official. The type ised to fill the boxes is offset and the form reference number looks suspiciously official. It reminds me of one of the readesr digest - "you've won a gazillion" mailshots.....

 

The reference to being dealt with was the debt being included in a package that my soon to be ex wife put together, not a joint account - a bit of a red herring now.

 

Wescott is persuing a different debt with HBOS.... it refers to a withdrawn overdraft.

Capital CAG PDF .pdf

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as this goes back to 1996 and poss has PPI of a sort.

 

i'd SAR the co-op

 

ppi from that old will wipe the debt

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Guest Porkwellington
as this goes back to 1996 and poss has PPI of a sort.

 

i'd SAR the co-op

 

ppi from that old will wipe the debt

 

dx

 

I will and thankyou

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That last page is a little worrying, it makes it look as though it is a "legal" document when in fact it isnt. Simply a very intimidating notice.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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  • 1 month later...
Guest Porkwellington
I will and thankyou

Hello again folks of the CAG.

 

On Thursday I received a letter from the Capital Reserve Solicitors - GPB - giving me 7 days to cough up or their client may instruct further proceedings. It references CR as being an agent of the Coop so I'm a bit confused as to why they would be threatening legal as I thought that they had no legal recourse - not being the owner of the debt. The letter also mentions not having had a response from me at all despite numerous attempts etc.

 

Coincidentally, yesterday I received the response to the SAR from the Coop - a big wedge of papers which consisted printouts of bills (just the summaries - no references to PPI for instance); their PPI terms and conditions; a few emails and a photocopy of the original agreement which I attached previously.

 

I've attached the letter from the solicitor and please let me know if you need to see any of the sar bits.

 

Given very limited knowledge of the process my first thought is to write back to the solicitor to say that they have been misled and I have responded requesting the cca (which they returned as a 2 page photocopy) and a confirmation of assignment which they haven't responded to. I have until yesterday also been waiting for a response to the sar from the coop.

 

I have no idea of how to go about proving ppi - where do you suggest that I start ?

Is the above a good approach (or the embryo of one) ?

 

As always - any assistance would be greatly appreciated and I'm off now to scan the letter - Andy

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If you cancelled the PPI back around 2000, you may struggle to claim anything back for that. I thought that PPI claims were sort of restricted back to 2004 only ( I may be wrong ?)

 

The way I see this, is that they will refer back to Coop and they may or may not do anything. With many debts, they don't actually bother going to court and prefer to just write off against tax, continuing to pass it around for others to chase, eventually selling it on. It appears Coop still own the debt, so it will be up to them what they do with it. My guess is that the debt will be back with Coop and they will either pass on or sell. Your debt will be one of thousands they have on various lists, so sometimes continually writing to them challenging, just means that you get special attention. I know what I would do, but this is your gamble.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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Guest Porkwellington
If you cancelled the PPI back around 2000, you may struggle to claim anything back for that. I thought that PPI claims were sort of restricted back to 2004 only ( I may be wrong ?)

 

The way I see this, is that they will refer back to Coop and they may or may not do anything. With many debts, they don't actually bother going to court and prefer to just write off against tax, continuing to pass it around for others to chase, eventually selling it on. It appears Coop still own the debt, so it will be up to them what they do with it. My guess is that the debt will be back with Coop and they will either pass on or sell. Your debt will be one of thousands they have on various lists, so sometimes continually writing to them challenging, just means that you get special attention. I know what I would do, but this is your gamble.

Thankyou Uncle - it was something at the back of my mind and given that they aren't in the position to do anything legal then what you describe sounds like a good option. I would guess - though I'm no expert of course, in fact far from, the worst that could happen is the Coop come back and want something done about the debt - in which case I would get another letter before anything legal happened anyway - or am I way off...

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If they want to take action then yes they should issue a letter before action stating that they will be issuing a court claim.

 

My take is that if they wanted to take court action, they would have done so by now. Using my crystal ball, I would say that Coop will pass to another DCA and you have more chance of legal action if a DCA actually buys the debt.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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Guest Porkwellington
If they want to take action then yes they should issue a letter before action stating that they will be issuing a court claim.

 

My take is that if they wanted to take court action, they would have done so by now. Using my crystal ball, I would say that Coop will pass to another DCA and you have more chance of legal action if a DCA actually buys the debt.

 

You've made up my mind here so I will let this sleeping dog lie. Will keep you posted and thankyou again for your advice.

Kind regards Andy

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good idea

 

.

 

now pop up on the co-op website

 

there is a ppi hotline

 

give them a call and just 'ask' about that ppi.

 

the ppi staff are quite good and have access to all the co-op databases

 

sound them out and comeback here .

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Guest Porkwellington
good idea

 

.

 

now pop up on the co-op website

 

there is a ppi hotline

 

give them a call and just 'ask' about that ppi.

 

the ppi staff are quite good and have access to all the co-op databases

 

sound them out and comeback here .

 

dx

 

I would be delighted to pop up.....

 

Excuse my naivety though but what ppi am I actually 'asking' about....

 

I've had the card since the late 90s and I;m sure I was paying ppi then and until the early 2000s - can they go back that far ?

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f they hve the info yes

 

there have been many cases whreby the OC still has the info.

 

and just to be clear

 

there is NO time limit on reclaiming PPI.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 2 months later...
Guest Porkwellington

Hi Folks - it's me again - I'm back - hurrah.

 

A very quick recap - I was contacted in around May by Capital reserve who were collecting a 6K debt from the coop.

 

I have been through the loop with them threatening legal action etc and it all went quiet for a month.

 

Today I had a letter from the coop advising that my account "has been transferred to Equidebt who are managing the account on behalf of the coop".

 

I guess I'm going to wait to hear what they have to say; my question is - what does that statement mean - I'll find out soon but does it mean that equidebt now own the debt I wonder.

 

The letter goes on to say that all further correspondence payments etc - should go through Equidebt.

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