Wright Hassall for Cabot/Cap One

[Robw757]

I have to day received a letter from FPC Debt Collection Services, which I note is part of Fredrickson International.

 

It gives a reference number, and informs me that they have made tracing enquiries for confirmation of my current place of residence and that I should phone them to discuss the matter further.

 

I am fairly sure that this relates to a Capital One account (pre-2007) which was in default around 6 months ago. I have recently changed address and had not updated it with them.

 

As there is no specific mention of what the debt is I am assuming this is a preliminary phishing type letter, I was initially tempted to phone up and ask for the details, however I thought I had better post on here first.

 

How should I proceed with this?

 

Thanks

Rob

Edited June 30, 2010 by Robw757
adding Capital One to thread title

[twofoot]

Do not phone them. I'd wait for the next letter then proceed down the cca route.

[Robw757]

Yes, I was thinking CCA was the way to go, it's just a case of comfirming exactly what the debt is, as they didn't specify. Presumably they do this just to get you on the phone.

[debt4get]

yep that is exactly what they want you to do...ignore it until you receive full communication in writing as too what the debt actually is...if i wrote to you gave you a number to ring and told you owed me money would you ring and pay? course not...treat them exactly the same dont ring ignore

[Robw757]

Ok finally received another letter from FPC/ Fredrickson and they have identified the debt as a "Capital One Bank (Europe)plc account which is seriously in arrears" (balance £951.99).

 

The letter states that "despite having been given a number of opportunities you have failed to bring you account up to date and we now intend to advise our client to refer the matter for further enforcement. Ultimately if no payment is made legal action may be taken against you to recover the debt. It is not too late to avoid this drastic step (!). Contact us etc etc...."

 

This was a credit card account opened around 2002 or 2003. Is it likely that the credit agreement will be unenforceable? What should my next step be?

 

Rob

Edited June 30, 2010 by Robw757
adding Capital One to thread title

[Hardupnotfedup]

http://www.consumeractiongroup.co.uk/resources/templates-library/86-debt-collectors/581-cca-request-letter

 

Send recorded and do not sign it

[NailPost]

When was the last payment made to Cap1? If it goes back further than June 2004 then its statute barred and while the debt still exists and Freds and their ilk can ask you topay there is sod all they can do to make you pay. Once you tell them to sling their hook they should do so. Its their lookout if the debt is old.

[Robw757]

The account was opened around 2002-2003, the last payment was made approx 7 months ago.

 

Regards

Rob

[debt4get]

chances of capital one having a valid legal cca from that date is zilch...send letter and sit back and wait for the sport to begin....account not statute barred if last payment 7 months ago...but as i said i wouldnt hold my breath waiting for a legal cca cos they wont have one

[Robw757]

Ok so assuming they don't have the cca, what happens then?

[debt4get]

nothing you put account in dispute, and you need not offer them payment nor should they ask for payment...they cannot enforce it in the court...without a cca....so in other words you can tell em to stick it

[Robw757]

Right ok, so I should send the cca request to Fredrickson, and print my name at the bottom, not sign it?

[Robw757]

I have just sent CCA letter to Fredrickson by first class recorded post including the £1.00 Postal Order, I printed my name at the bottom and did not use my usual signature. So just sit back and wait for a response now i suppose!

 

Thanks

Rob

[debt4get]

ah yes but sit back knowing you have now taken control of the situation it is no longer them calling the tune but you..as you read more around the threads you will realise that nearly all these dca's are nothing more than threat machines frightening you out of money with threats they dont carry through

[Robw757]

Yes indeed! Thanks for everyone's assistance so far, I will post something as soon as I get a response from them.

[Robw757]

I have received a letter from Fredrickson today in which they acknowledge receipt of my communication regarding this account. They inform me that they have refered the matter to their client and will revert to me as soon as they are in receipt of instructions..

 

They confirm they have placed the account on hold.

 

How long do they have to respond to this?

Edited July 12, 2010 by Robw757
security reasons

[debt4get]

12 + 2 working days..then send account in dispute letter if you have not received the cca

[Robw757]

is that from the date that I sent out the letter, or from the date they acknowledge receipt of my letter?

 

Thanks

Rob

[Hardupnotfedup]

From the date you posted which was 1st July.

[Hardupnotfedup]

If Robw is your name I would be very careful as these forums are trolled. We don't want you being identified.

[Robw757]

Robw is a pseudonym, so not to worrry there

[Mulberry08]

I am in exactly the same boat as you! Had Fred and Default notice bla bla bla. Freds put my account on hold for 60 days. Waiting for my Credit Advisers to issue proceedings (waiting for client pack!). After a year of asking CAP One sent my signed short agreement which apparently has loads of flaws in it then a month later defaulted me!

Which isnt a real problem although my bank manager is not very happy about it!

[Robw757]

Capital One have written to me today acknowledging receipt of my cca request (sent 3 weeks ago) and saying it will take a little while to find the information requested...!

[debt4get]

file ignore and wait..also if you havent done so send account now in dispute letter..they know the rules

ACCOUNT IN DISPUTE

 

Date:

 

Ref:

 

Dear Sir/Madam

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. This was signed for as delivered on the **DATE**

You have failed to comply with my request, and as such the account entered default on **DATE** (12+2 days after you made the initial request).

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore, you are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before you/your client enters into a default situation.

 

This limit has expired.

 

As you are no doubt aware section 78(6) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled , while the default continues, to enforce the agreement.

 

Therefore this account has become unenforceable at law.

 

As you have failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested. You will also be aware of the CPUTR 2008 and the OFT's guidelines on debt collection which state under the title Deceptive and/or unfair methods - Examples of unfair practices are as follows - 2.8

 

(i) - 'Failing to investigate and/or provide details as appropriate, when a debt is queried or disputed, possibly resulting in debtors being wrongly pursued'

 

(k) - 'Not ceasing collection activity whilst investigating a reasonable queried or disputed debt'

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

[Robw757]

Capital One have now written to me saying that my signature does not match the one held on record, and that I need to provide a copy of a passport or other document before they can provide me with a copy of the CCA! The CCA request was sent over 5 weeks ago! Why are they doing this?