cougar DCA [power2contact] failed CCA, old cap1 debt - cca came!

[Ford]

an enf order is what they seek in court. ie a ccj.

it has been held that collection activities, including the commencement of a claim, can continue despite non compliance with a cca request. the cca request issue then becomes relevant in court.

Edited July 24, 2013 by Ford

[Peterbard]

an enf order is what they seek in court. ie a ccj.

it has been held that collection activities, including the commencement of a claim, can continue despite non compliance with a cca request.

 

Correct because failure to comply with a section 78 request does not constitute a dispute, and if a copy is produced then they can enforce, and of course all funds under the agreement will be due and payable including any that have been with-held.

[The_Sherinator]

Nothing that I've posted about before.

 

Dare I say that it's a Capital One credit card debt?

 

I've had it up to here *points to top of head* with them. They ignore all my letters then they passed it to a DCA (Cougar) who said that they would call at my property. I sent them the letter stating that they are not to come round and they said that they had every right to come round as I 'implied it' when I signed the agreement.

 

I sent them a letter asking to see the specific legislation which allows them to come round. I also explained that if they were to come round against my wishes, then I will used video and audio equiptment to recorded them and use as I see fit. Sent, delivered, signed for - No response. No one turned up, which was a shame as I'd charged my video camera.

 

CCA request - sent, delivered, signed for - No response.

Edited July 24, 2013 by The_Sherinator

[dx100uk]

is it still with cap1?

 

as cougar [power2contact] are very lowlife

usually only chase lemon debts

 

dx

[dx100uk]

i'd guess penalty charges & PPI play a part here too.

 

dx

[The_Sherinator]

The only letter that that Capital One responded to, after ignoring every other letter, was another offer of repayment which was met with the response of "Capital One are no longer dealing with your account. Please contact Cougar... etc". That was the only time they responded and seem to be a way of washing their hands of me.

 

Anyway, I'm not worried about them. I informed them from day 1 that I was having financial difficult but they ignored me full stop. The letter goes out tomorrow, if anything just to know that I've sent it.

[Peterbard]

They will ignore you if you just say you are having difficulty I am afraid, all creditors will.

 

You have to tell them what you intend to do.

 

They would require you to start a repayment plan of some kind accompanied with in income and expenditure statement.

 

I would have told them that I was having difficulty and that I was starting a debt management plan, they then would have given you thirty day grace.

 

I then would have rang one of the free providers, step-change or Payplan and organised the plan, and that would have been the end of that.

 

Probably still not to late, if you want to do this give the provider a ring first though, they may give you a reference number you can quote it to the DCA.

Edited July 24, 2013 by Dodgeball

[The_Sherinator]

Not all creditors ignore you. I explained my circumstances to another creditor and they were unbelievably helpful and it only took 1 communication.

 

I didn't just send letters saying I'm having financial difficultly, I explained it and actually offered reasonable payments but they where ignored. No responses saying "We can't accept your offer." Nothing. They have ignored everything, including the CCA request, as you know. I'm doing everything correctly and within my rights.

[Peterbard]

If you are sincere about wanting to start a repayment plan you must follow the procedure in the last post, creditors will not take an ad hoc promise of a reduced payment on board, you have to back up your offer with the required paperwork.

If you want to do this ring one of the free providers mentioned earlier an they will tell you the same and help you get started.

[Ford]

so, sherinator, what are you going to do after all that?

[The_Sherinator]

so, sherinator, what are you going to do after all that?

 

Exactly what I was going to do in the first place. The failed CCA letter was sent out yesterday as planned. I'm sure Dodgeball and davlly will accuse me of avoiding paying and scream about the 'compulsory' debt management plan which they're so eager for me to sign up for.

[Peterbard]

Exactly what I was going to do in the first place. The failed CCA letter was sent out yesterday as planned. I'm sure Dodgeball and davlly will accuse me of avoiding paying and scream about the 'compulsory' debt management plan which they're so eager for me to sign up for.

 

Nobody is "screaming" at you to do anything, as I think as been said repeatedly it is your decision, you must do whatever you feel is right for you.

[The_Sherinator]

I have 3 creditors.

 

One of them was more than helpful after only one communication, as I explained in an earlier post. Capital One and the other creditor are being extremely difficult and ignoring my letters.

 

I do not have priorty 'debts' as such. However, I can just about pay council tax, mortgage and utilities to keep them in the black. I do not have any subscription services. I don't watch freeview either, so no TV licence to pay. I have offered what I can realistically afford to my creditors (I have to eat after all), one of which accepted my offer straight away.

[Peterbard]

I have 3 creditors.

 

One of them was more than helpful after only one communication, as I explained in an earlier post. Capital One and the other creditor are being extremely difficult and ignoring my letters.

 

I do not have priorty 'debts' as such. However, I can just about pay council tax, mortgage and utilities to keep them in the black. I do not have any subscription services. I don't watch freeview either, so no TV licence to pay. I have offered what I can realistically afford to my creditors (I have to eat after all), one of which accepted my offer straight away.

 

That's good. As said by Dodgeball, nobody is trying to force you in any direction. In fact, if you look back through the thread, you'll see I split the two clear choices for you when you felt you were being given conflicting advice.

 

What I would suggest is that you get a CFS compliant Income and Expenditure form done to help you negotiate with your more awkward creditors. National Debtline have a good free one:

 

http://www.nationaldebtline.co.uk/england_wales/budget_sheet.php?country=england_wales

 

NEDCAB have one:

 

http://mymoney.nedcab.org.uk/moneyadvice/dmp.asp (you'd only do the I&E bit)

 

or you can find your nearest CASHflow Advisor who'd sign one off for you:

 

http://www.cashflow.uk.net/

 

The advantage of this is that you then then bring more power to bear on the creditors to follow -eg- OFT Guidelines on various things and other guidelines. This will help you in dealing with anyone who is difficult.

 

Those accused certainly don't want to push you in any direction, and we're certainly not here to judge or accuse. We're trying to help, and I apologise if it's come across as anything other than that. It's pointless entering into anything you are not comfortable with.

Edited July 26, 2013 by Dodgeball

[Mike_hawk]

This is good advice, NDL and Step change also assist with prepack templates for corresponding with creditors if you want to manage your own dmp

 

Ignore the banter, it wasn't intended to derail you.

 

If the creditor still rejects your request for information (s.78), a SAR may be useful.

 

There are occasions when data requests prove fruitful. It's unlikely that you could prejudice yourself by offering affordable terms whilst you assess the accuracy of it's demand.

[The_Sherinator]

Hello again,

 

Still no response to my CCA letters.

 

I've just looked at my credit file, which was updated today, and there is a default on there from Capital One. I haven't received an offical default notice, just a letter saying "Your Capital One account is now officially in default." and it goes on to list four points:

 

1. We have terminated your account.

 

2. We now have the right to demand full payment.

 

3. We will notify credit reference agencies that you have defaulted on your agreement.

 

4. We may place your account with, or sell your account, to a debt collection agency.

 

Now, I know that this isn't a proper notice of default and just a letter. So, my question is: As this is not a correct notice of default and the fact that they're ignoring all my correspondence, can I get this default removed?

[Old Cogger]

They have a right to place a default, if one exist as recording a true event - you will have much difficulty in getting one removed, and in most cases unless it is an absolute in correct record then it stays - others no doubt will comment as well? although in a lot of cases if no actual default issued telling you to rectify by certain date, the CRA will show any payments made to an account and if it up to date or not?

[The_Sherinator]

No response to the second CCA request. Time is running out for them. If I don't get a response to this one, what is the next course of action? I have had no correspondence from Cougar whatsoever since the original CCA request. It's like the roles are reversed and they are the ones ignoring the letters.

[The_Sherinator]

Hello again,

 

I haven't had any response to the 2 CCA requests that I sent out. However, today I have received a demand for payment from Cougar. Advice on the next steps, please?

[The_Sherinator]

Anyone?

[Conniff]

I confess to not having read all your thread, but, did you send the £1 fee with the request and if so, has the £1 been cashed or returned ?

[The_Sherinator]

I sent the £1 fee with the first request and wrote 'CCA fee' on the back, to which I received nothing. I sent the second letter and that has also been ignored. I don't know if the £1 was cashed or not. Next steps?

[BRIGADIER2JCS]

Your next step is a Formal Complaint to the Compliance Director, at the Credit Solutions Group Head Office.

[The_Sherinator]

Thanks. Is there a template for the letter or should I just do it from scratch?

[BRIGADIER2JCS]

I'll sort a letter out for you over the weekend.