CapOne - Fredricksonl - Bryan Carter Solicitors all chasing me

[Catwoman A]

Hi all,

 

I was hoping you may be able to give me some advice. The background is this:-

 

I had a credit card with CapitalOne but after poor health left me unemployed,

I struggled to pay my bills and ended up using the card to pay for food when things got really bad.

 

Unfortunately, I ended up going £6 over my limit and despite informing them of my situation (albeit via phone),

the charges and interest just spiralled out of control until they had added hundreds onto my debt.

 

They were calling me and my dad up to 5 times a day and I ended up reporting them to the Ombudsman

- a great move as they stopped the harassment then.

 

I had found the CCCS and was able to use their help to get the £1 a month agreement with CapitalOne.

 

I have never missed a payment but they had defaulted it anyway and that has stopped me getting any credit

(and places to live because of it!) since 2009.

 

My health has actually deteriorated and as the debt is now about £721,

it would never be cleared in a reasonable time like this but I have no other option.

 

I recently accessed my credit file and my history on that is great

- it is literally only capOne that shows up as 'red' for the 2009 default.

 

This is where things got interesting...

 

I had also noted that my other creditors (4) all show our arrangement of £1 a month with every month listed and up to date.

 

The CapOne debt however only shows the default in 2009 and no other payment is recorded on there,

to show that our arranged payments are up to date.

 

I called them and I asked if they could please show this on there, like the other creditors do

(I've got no statements from CapOne either to show any of my payments over these years but have from the others).

 

The answer was "No" - "not the way we do things".

 

As I can't see my financial situation improving, this would mean having problems in my credit history for ever!

 

I explained that I was concerned about that as my situation was brought about by my disabilities

and was simply told that it is "important to keep your payments up to date so that your account stays with us".

.. This is where I told them that I would rather it was with someone else,

that may show my payments to them are up to date.

 

I was then informed that if I missed 2 of my payments, it would be passed onto a debt collection agency.

 

I let them have a 'care of' address (my dad's address) as I was moving soon

but did not know my forwarding address yet but my mobile number was still valid if they needed to talk to me.

 

I stopped paying and waited...

 

Sure enough, about 8 weeks later, I got a letter from Fredrickson's to my dad's address

and had some missed calls on my mobile, with messages for me to call Fredrickson's.

I also found out however, that they had also been harassing my dad with calls

- not a number I had ever given them and this made me think twice before contacting them.

 

I researched them on here instead and the general advice was not to call them but to ignore them

and so I have been doing that, in the hope that they will give up and pass the debt on again to someone else.

 

I then got a letter to my new address, which I had obviously not given them,

that was asking for confirmation of whether I lived there. I ignored it.

 

Today I got a letter from Bryan Carter Solicitors though and I've seen what they can be like from threads on here

so this is when I thought I should ask for advice.

 

I tells me that I must contact Fredrickson's within the next 14 days to arrange repayment,

failing which they will recommend that proceedings be issued against me and it lists the costs.

 

It then goes on to tell me that I can avoid the account being formally referred by calling Fredrickson's

'immediately' and that this is a 'serious matter' and that I 'may wish to seek independent legal advice'.

 

Can they issue legal proceedings if I have had no communication with them

and have not confirmed this as my address or is this just another scare tactic to illicit a response from me at this address?

 

If I should respond,

does anyone know if they would show my payments as being up to date on a credit file

or are they just as bad as CapOne?

 

Should I be sending a SAR to CapOne or a CCA to Bryan Carter?

 

Any advice is greatly appreciated.

 

If they obtain a CCJ against me, it would defeat the object of trying to rescue

my credit history so that is definitely something that I do not want.

Apologies for the essay!

[silverfox1961]

Hi. Sorry you were missed

 

With the default, I'm afraid I think Cap1 are in the right. The fact the others are showing arrangement to pay is neither here nor there. The debt collection guidlines say that where 'token' payments are being made, the creditor should place a default immediately.

 

The other creditors should have defaulted you earlier as they can do so in the future (for which a complaint should be made as they would be penalising you further when they could have defaulted earlier)

 

With Cap1, get the charges removed. This will not be easy but it can be done. If you don't know how much is charges you will need to send Cap1 a SAR.

 

With Freds, If they have bought the account then they have the right to take court action. If they are collecting on behalf of Cap1, they can't.

 

With the phone calls, as you gave them a C/O address and they harassed your dad, this is grounds for a formal complaint and if they gave out any of your personal details, this is also grounds for complaint.

 

mr (little 'm') carter is a devious character who just lives a split claim, going for his bit first before trying again for the rest. He is relatively easy to see off.

 

Deal with Freds in writing only and get proof of postage. You would be surprised how many letters to DCAs 'go missing'. Strange isn't it? Perhaps DCAs have their own very special black hole where all the letters go!

[Catwoman A]

Hi silverfox,

 

Thank you for your reply.

 

I am fine about the default - it's the 'AP' that's missing after April of 2009

that I have an issue with because that's what's causing me difficulty when I have to move.

 

I should have mentioned that before that default, the 'AP' was showing each month up until then

so I don't understand why they haven't done that after the default, as the others have.

 

It seems that they can do it but just don't want to.

I think it's payback for reporting them to the Ombudsman before.

I would be perfectly happy to stay with them if they were to show that my arrangements are up to date on there again.

 

Thank you for your advice.

I will send Cap1 a SAR as the charges were over £200!

I will speak with my dad again and see if they've stopped harassing him

and exactly what information they gave him but I can see a complaint coming on.

 

If I remember correctly, I think he said it was Fredrickson's that were calling him.

 

Fredrickson's were telling me that they are acting on behalf of their 'client' Cap1.

 

They appear to be using Bryan Carter though.

 

The letter from them stated that Fredrickson's asked them to write to me.

 

At the end, however, it states:-

 

'Before the account is formally referred to us you still have an opportunity to contact Fredricksons with your payment proposals.

In order to avoid further debt recovery action you should telephone them immediately on 0845 3136624'

 

What would be the best thing to write to Fredrickson's at this point or do you think it might be worth speaking to Cap1 again,

to see if they will change their mind about updating my payments like they used to?

 

Good advice with the proof of postage

- I can imagine a lot of them 'go missing' as I've had that with Cap1 in the past.

I started sending stuff in neon blue envelopes in the end, to 'help' them find it amongst their '2 week backlog' of mail!

 

Thanks again.

Catwoman A.

[silverfox1961]

If as you say Freds was acting for their client, they can take NO legal action. Only Cap1 can and I haven't seen many where they do. They would rather flog it at a massive loss than do court.

 

Once a default is placed, they do not have to update your credit file. Even if they did show 'AP', the default itself is what is stopping you moving.

 

Forgot to mention that Carter is part of freds.

 

You cannot choose who you the debt is with. Once a debt is referred to a DCA, it is them that sends it back to Cap1 if they cannot get much from you.

 

If this account was taken out before 2007 (april) you could CCA them (letter in library)

[Catwoman A]

It's good to hear that Freds can't take legal action.

 

The others defaulted at around the same time but for them, the 'AP' shows on my credit file,

instead of the red warning on the Cap1 one, which I was told is the one that letting agents don't like,

even though they can see it only defaulted because of a £1 late payment from an arrangement.

 

So if Freds buy the debt from Cap1, they/Carter can take legal action but if they are both acting on behalf of Cap1,

these are just empty threats?

 

It was taken out before (April 2007) so I think I will CCA them.

 

If they cannot provide what I am asking for, what would happen?

 

Thanks again.

Catwoman A.

[dx100uk]

the AP marker is more damaging than a default

 

make SURe all your debts show a default date

if they are being updated with AP currently

 

AP markers NEVER go away.

 

if an account has a defaulted date in its summary then it will VANISH on the defaults 6th birthday.

 

you need to get reclaiming on this cap1 debt at least

 

if you can PROVe it was solely their PENALTY charges that caused the issue

then you could be in for compo too from them

as well as all the penalties back+the int they have caused you.

 

dx

[Catwoman A]

Hi dx,

 

Thank you for your reply.

 

I was under the impression that it was just the debt in red that was the issue because that's what my last letting agent said was the problem one for them.

 

They could see that all of my 'AP's' were up to date each month but nothing on the Cap1 one since April 2009, although they did notice that it was for literally £1.

It still cost me extra money for a guarantor though - grr!

 

I think they all defaulted around the same time (2009) but I will check that.

I would love to be in a position to just wipe them out completely.

Maybe one day!

I'm guessing from what you've said that even if the defaults drop off after the 6 years, the AP's will still cause me a problem?

 

I will try to get some money reclaimed from Cap1.

My limit was £600 and I went over it by £6 but their charges for that were impossible to pay and they just kept adding more and more.

The balance is £721 now and I've been paying it off for 4 years, with extra payments when I can.

 

Thanks again for your input.

Catwoman A.

[dx100uk]

what i mean is, unless your debt has a default, then the AP markers never go, as they do not 'default' the debt.

 

in that way they are very bad.

 

with a defaulted debt, whatever is after it, be it AP or whatever

the debt will vanish on the defaults 6th birthday. [though the debt 'exists' still]

 

with AP, there is never a default marker placed, so goes on and on and on

and when the debt is cleared they still remain in the history

as the debt is still visible to anyone doing a check for 6yrs from last payment

 

 

cap1

 

if its al over £6 then you must be inline for a fair reclaim.

 

it will be much more than £200!!

 

dx

[Catwoman A]

Thank you for your reply dx.

 

Can I be defaulted again if one of my £1 (AP) payments is late? I wouldn't put it past them Cap1 to do that again if they can.

 

I see what you mean about AP's now. I'll check back and see if I was defaulted with the others. I think I was but my memory's not what it was these days! I never thought I'd be potentially happy to find a default!

 

If I were to win the lottery and settle all of my debts, then it would take a further 6 years for the AP's to disappear from my credit file (if they didn't have defaults) then? That sounds harsh.

 

It is indeed all over £6 so hopefully I'll have some luck there then. I found all of the old letters they sent me in the loft tonight so I'll have a good look through that and see what might be useful.

 

Do you think I should CCA Cap1/Fred's or Carter first or go straight in with a SAR?

Thanks again.

 

Best wishes,

Catwoman A.

[Catwoman A]

This is what this debt looks like on my file. If I hover over each month, it tells me the balance each time, £1 less, including in the default month. I guess I made the payment a day late or something!

Catwoman A.

[Catwoman A]

I remember the £6 over thing happened in 2006 now and then they added all of the charges etc and we made an arrangement to pay. It was 3 years later that I must have paid it late (I'm guessing) as they defaulted me then.

[dx100uk]

once defaulted you cant have a second default

only an update

but the org default date remains

 

if cap1 are shown as the owners still on the cra file

then i'd ignore the dca's etc

 

sar cap1

get all the statements

get reclaiming.

 

shout when you get them

 

dx

[Catwoman A]

At least they can't give me a 2nd default so just under 2 years before it disappears.

 

Cap1 are still showing as the owners but they changed the account number on there - not sure if that means anything?

 

Am I safe from a judgement if I ignore the other 2 then? That would be a relief!

 

I will SAR Cap1 and let you all know when I get everything through.

Can they take action against me while I'm doing that though?

Not sure how long all this takes but will look that up.

 

Thanks dx

[dx100uk]

40 cal days

only the owner can take you to court

 

I very much doubt that would happen

 

dx

[Catwoman A]

Thanks for the information dx.

I really hope you're right and they don't bother with court action. I'll get the SAR sorted asap and sent on Monday and recorded delivery maybe - I'll make sure I retain proof of postage either way.

[dx100uk]

just do 1st class with proof of posting

you can do that at the po counter when you get the postal order

its FREE!!

[Catwoman A]

I'm just wondering if they'll 'lose' it...

I'll update on here. Fingers crossed!

Thanks for everything.

Catwoman A.