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Capital one debt & Brian Carter Solicitors [in scotland too]


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I have just rec'd a letter from Brian Carter solicitors regarding a capital on credit card debt.

 

I have a CCA and

 

I am in the process of waiting for a SAR being returned to calculate charges and interest.

 

I was then intending to negotiate a full and final.

 

Fredriksons is the company which referred it to the solicitors.

 

Are these guys serious about court action?

 

I am not planning on ignoring the debt but want to pay a fair amount after all the charges come off as

 

the account is 7 years old and i only defaulted about 8 months ago.

 

Does anyone have any ideas.

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Send a letter of to Bryan Carter telling him you are awaiting the results of a SAR...

Then advise him that you plan to make a full and final settlement with them when youve received that info

 

We could do with some help from you.

 

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

 

**Fko-Filee**

Receptaculum Ignis

 

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Hi Fkofilee

 

I have written a letter and stated that i am awaiting the SAR

and that any further action should be postponed until such time

as I have this and have time to peruse and respond.

 

I have said they may wish to contact their client and to speed up the process.

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Who is Carter acting for?? Do not make any F & F offer to Carter only to the actual owner of the account!

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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if cap1 have sold it

there will be a very good reason.

 

prob PENALTY charges &/or PPI to reclaim

 

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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Agree with DX

 

Entire companies are becoming predictable with who they sell these debts onto ie

 

Capital One to Frederickson International (I don't actually think they have anything internationally) to Bryan Carter...

 

You've done right with that letter.

PPI and charges could be your best friend here.

 

What is they debt amount?

 

We could do with some help from you.

 

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

 

**Fko-Filee**

Receptaculum Ignis

 

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Thanks for the reply guys, but I didn't actually think the debt was sold on at all.

 

It was initially Cougar that were chasing it but they back off when I lodged a complaint with the ICO for not sending my SAR on time,

misusing the fee and sending my SAR incomplete.

 

Cap1 have sent me a CCA but are telling me to liaise with Fredriksons regarding repayment.

 

My intention was to reclaim the charges and interest

 

the debt is £2300

 

I have no idea of the amount charges and doubt i would have been silly enough to take out PPI.

 

BTW am i allowed to claim these charges back at the interest rate they have charged me on the fees 29%

or does it have to be a statutory set amount of 8% if so this is more than a tad unfair.

 

And I was wanting to settle at about 50% of what was left.

 

Can i still settle with Cap1 if the debt has been sold?

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if the debt is not sold there is bugger anyone bar CAP1 can do ignore them.

 

you reclaim at their purchase rate yes.

 

whos name is against the debt on the cra file?

 

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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The debt is listed against me but I have not got a copy of my CRA file. The last letter from Fredrikson indicates that if i did not pay up they would be instructing their client to take legal action.

 

But the legal letter from Carter suggests its Fredriksons who are taking the action. This would tie in with Cap1's insistance that i deal with Fredricksons, i am thinkingh now they have sold the debt.

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I don't mean the person I mean who is the debt listed as the owner.

[was sat Barclays who is it now]

 

bet it says a dca's name.

 

go take a look noddle is free see below

 

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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sadly they can.

 

ok so no assignment to a dca anywhere so you can safely disregard the legal threats

 

only the OWNER of a debt can take you to court.

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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  • 4 weeks later...

I have just had a reply from Capital one regarding My SAR which I sent on the 16/9/13

 

they are requesting my signature which they have taken their sweet time to request.

 

I suspect this is just away of extending the 40 day time limit

as they are saying this does not begin until they have the correct documentation would this be correct?

 

My letter clearly stated that the address that I wanted the SAR sent to is address that they use for all correspondence

with me and it has not been a problem up until now for them to issue letter to this address.

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you should always sign an sar

 

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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  • 1 month later...

Issue court papers under Small Claims, did the same with cap One and they fought it through initial hearing and then right up to second hearing, top Solicitors in Scotland were involved and must have cost them a fortune.

 

Paid up in the end along with interest in restitution, one happy puppy!!!

Don\'t let the B**tards grind you down

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