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

[The_Sherinator]

Thanks, that'd be a great help. I need to get it sent off as soon as possible as I've received another demand today.

[Peterbard]

I cannot hep but feel that you are not addressing the problem, the compliant will be that you have not received information about your account, it will not alter the fact that the money is owed or that you will be expected to repay at some point.

 

If you dispute the sums owed a court would expect you to start repaying toward the sum that you agreed you were liable for, this really is just time wasting and putting off the inevitable time when you are going to have to take some positive action.

[The_Sherinator]

Right, I'm complaining that they have failed to provide the information requested. I do not understand why you are dead set against consumers exercising their rights.

[Peterbard]

Failure to respond to a CCA request is not unlawful, nor is it against your rights. Failure to comply with a CCA request makes the account unenceable at law. This does not mean any OC or DCA is not allowed to ask you to make payments, or even demand you make payments. They can continue to do that quite lawfully. What it does mean is that you can ignore their demands and they cannot enforce in a court of law.

 

I'm not sure what you intend to complain about, though I, also, confess to having only read the last few posts.

[The_Sherinator]

Hello,

 

Did you manage to draft the letter?

[BRIGADIER2JCS]

Hello,

 

Did you manage to draft the letter?

 

HI, just out of hospital typing one handed will try to get it done asap.

[BRIGADIER2JCS]

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

 

Please excuse typos have only left hand functioning. I'll leave you to fill in the spaces

 

Private and CONFIDENTIAL

 

The Compliance Director

Credit Solutions Group

 

Date*

 

Ref:use theirs.

 

Formal Complaint.

 

Sir/Madam,

 

I refer you to my recent requests made under sections 77/78 of the Consumer Credit Act 1974, (copies attached), the correct fees have been sent with these requests.

 

Thus far I have received no responses to these request nor have the fees been retuned, which leads me to the following conclusions:

1.My requests are being deliberately ignored.

2.The statutory fees have been applied to the account as payment.

 

I now require the information I have requested be sent to me immediately.

 

Once the documents have been received together with a full explanation as to why this situation has arisen I will decide on what form my complaints to the appropriate regulatory bodies will be.

[The_Sherinator]

Thanks, that's great! I'll get it sent off today. Sorry to hear about your hand.

[The_Sherinator]

Hello again,

 

I have received a letter from Capital One saying that they have now instructed Fredrickson International to act on their behalf to arrange repayment of my Capital One account.

 

It seems that all 3 letters to Cougar regarding the CCA request have gone completely ignored. Cougar definitely received my last letter, posted to them on the 4th.

 

Next steps?

[BRIGADIER2JCS]

Wait for contact from Freds.

[The_Sherinator]

Ok, I will. However, would I have to go through the whole CCA process again?

[The_Sherinator]

Hello,

 

I have received a letter from Fredrickson International. It states:

 

"Fredrickson International Limited are authorised to contact you by Capital One (Europe) plc to secure repayment of this debt and all communication must now be with us.

 

To avoid further debt recovery action our client requires payment.

YOU MUST CONTACT US NOW ON [insert telephone number here] to discuss the matter further.

 

For your convenience we offer a variety of payment methods etc etc"

 

As I've already CCA'd Cougar twice and also sent a letter of complaint to the compliance director at Cougar, to which I have received no response, what are the next steps?

 

Thanks in advance.

[LuckyReds]

Apologies if I've missed anything whilst skimming this thread! However, would it be worth drafting a letter to all parties involved, or maybe just Fredrickson Intl, quoting the OFT guidelines for Debt Collection Agencies. (The correct title of the document I can't remember at the moment)

 

It does however set clear requirements for collections activities to cease whilst they ensure the accuracy of their data. I can post up parts of a letter I recently sent to a DCA (STA International) that was pretty successful; all I stated was that:

 

1. I was informing them that the data they held about me, and my account, was potentially incorrect;
   
2. as such, they were required to cease all collections activity if they were to be following OFT guidelines and weren't going to be using unfair practices.
   
3. I wished to have all subsequent contact to be conducted in writing (as per OFT guidelines);
   
4. although until they had confirmed (and could evidence) the accuracy of their records, I wanted all contact to be with the original creditor and not me.
   
5. Any further contact other than an acknowledgement, in writing, would be regarded as a failure to comply - and I would be reporting them to the OFT for breaching the relevant (and quoted) guideline(s).
   

 

This may be a bit heavy handed, and be regarded as a bit of an escalation, so perhaps someone more knowledgeable than I could confirm whether this sounds like a good idea. I will say though, that I got quite an apologetic letter from the DCA I used it against. If others agree with this line then I'll post up an edited version of my own letter - along with quotations to the relevant guidelines.

 

Good luck.

[The_Sherinator]

Thanks for your response. However, I'm looking for an appropriate response to Fredricksons. I'll give you a quick history.

 

1. Capital One refuse all my offers of repayment.

2. Cap One passed it to Cougar.

3. Cougar refused all my offers of repayment.

4. CCA'd Cougar.

5. No response.

6. Sent reminder.

7. No response.

8. Sent letter to compliance director of Cougar.

9. No response.

10. Cougar passed it back to Capital Once who have now passed it to Fredricksons.

11. Received letter today from Fredricksons.

 

Thanks.

[Ford]

have you cca'd Capital? and have your cca's with payment to dca's been returned?

[The_Sherinator]

I haven't CCA'd Capital One, I CCA'd Cougar. I've not had my money returned, I've simply been met with silence. I know they received my letters because I sent them recorded.

 

I have tried to engage with Capital Once but they just come back with 'We are no longer dealing with your account'.

[Ford]

am not familiar with all thread atm. but, have Capital sold it on? who is the owner? if your cca's have not been returned then any dca's acting should've passed it on to whoever owns it to deal. if not, get your money back and complain. cca to the owner.

Edited September 19, 2013 by Ford

[LuckyReds]

Thanks for your response. However, I'm looking for an appropriate response to Fredricksons. I'll give you a quick history.

 

1. Capital One refuse all my offers of repayment.

2. Cap One passed it to Cougar.

3. Cougar refused all my offers of repayment.

4. CCA'd Cougar.

5. No response.

6. Sent reminder.

7. No response.

8. Sent letter to compliance director of Cougar.

9. No response.

10. Cougar passed it back to Capital Once who have now passed it to Fredricksons.

11. Received letter today from Fredricksons.

 

Thanks.

 

Yeah, I thought as much. I was just pondering as to whether reminding them that they have an obligation to ensure that they are collecting from an account with accurate data may force someone to mysteriously act upon your requests for a CCA - or even respond to your letters.

 

It is of my view that this affects you specifically because it would appear (from your actions) that you've tried to verify their claims by issuing a CCA request, by not responding to you they have failed to give you any real evidence regarding the accuracy of their data. I would merely view my proposed letter as a way of saying "Until you prove to me that what you're saying is correct, I think you should shut up.".

 

Perhaps CCA'ing Capital One as the original creditor would be a better option than the DCA's, as I doubt they'll have a copy of it personally - but I should hope that they would liase with Capital One as the OC and request a copy; once again - under their obligation to ensure all data is accurate.

 

Presumably it's payments CapOne don't want to deal with. I will state though, I made the mistake of paying Capital One one or two payments of £75 before I knew that they had passed my account to a DCA - and that money was never to be seen again. (I'm hoping to deal with that at the moment, but it's looking a bit tricky)

 

I will re-iterate though, this is perhaps my (rather limited) view on this!

 

Personally I'm not too surprised about Cougar, when dealing with them previously they were a complete shower of shi....! Who regularly switched between "Cougar"/"Credit Solutions"/"Power2Contact" depending on how desperate they were. They did however offer my first payment proposal, but that may be because I came out and said that it was the only offer I would consider.

[The_Sherinator]

Is there a letter template I can send to Fredricksons? I don't want to pay another CCA fee. I know it's only £1 but so what?

[Ford]

from your experience, seems no point cca'ing again a dca who is merely acting. cca the owner.

[The_Sherinator]

As I said earlier; Capital One only respond to my letters with 'We are no longer dealing...' etc

[Ford]

you haven't cca'd them yet have you? as i asked/said earlier, has it been sold on? cca the current owner. if the owner is still capital, cca them instead of their agents. if 'they' don't respond in time then they are in breach and they should cease collection activities until they do so. then complain. if they don't comply at all, then there can be no court enforcement until they do so. you're not getting anywhere with those acting on behalf of whoever the owner is. if all fails, complain to the FOS. good luck.

Edited September 20, 2013 by Ford

[The_Sherinator]

CCA'd Fredrickson's. I received a letter stating that they have passed my query to Capital One and the account is now on hold. The 12+2 days is about to end in approximately 2 hours and 1 minute.

[The_Sherinator]

12+2 days have passed. Do I send the second CCA letter or just leave it?

[Ford]

good that they've sent it on to the original creditor for you, as they should. as i said, is for the original cred to deal as has not been sold on?

freds said that the a/c is on hold until they get a response from original creditor. so, enjoy the peace until they contact you. see what they come back with. good luck.