Apple v Capital One **WON**

[Armsoft]

Armsoft, thanks for that bit of advice. The plot thickens, (now I am hijacking). I 'phoned cap one a few short minutes ago and I won't see any cash as it'll be taken off the balance that I owed when the card was closed. However, I've been paying Fredrickson, a DCA so I was led to believe but I've just been told that Fred. did not purchase the debt and are acting on behalf of crap one. fredrickson have been very quiet lately as I requested a CCA from them and they have not come up with the goods, in fact they only have 4 days left before they are out of time. I'm off to do so some thinking and try to work out who is doing what.

 

joesoap,

Interesting, so Fredrickson have been collecting on a debt that they do not own:o Thats tantramount to demanding money with menices, I would write a Very Strongly worded letter to them Demanding the return of All of your Money plus Interest at the current Credit Card lending rate (16.4%).

Give them 14 days to pay up, or you will file in court.

Write to Crap One to keep them in the picture, you may be suprised by the result:D

[joesoap]

joesoap,

Interesting, so Fredrickson have been collecting on a debt that they do not own:o Thats tantramount to demanding money with menices, I would write a Very Strongly worded letter to them Demanding the return of All of your Money plus Interest at the current Credit Card lending rate (16.4%).

Give them 14 days to pay up, or you will file in court.

Write to Crap One to keep them in the picture, you may be suprised by the result:D

 

Cheers

 

Seems the best course of action. No wonder Fred. didn't kick up a fuss when I ceased paying and have ignored the CCA request and letter of dispute I sent.

[joesoap]

Armsoft, just about to send this off, any further advice please?

I have recently requested a refund of unlawful charges from Capital One Bank (Europe) Ltd. and I have been advised that any refund will be deducted from the outstanding balance due.

I have been informed by Capital One that Fredrickson does not own the debt and is merely acting on behalf of Capital One. It stands to reason therefore that Fredrickson has been collecting sums of money from me on a debt it does not own. This is not permitted. My early ignorance of the law has now been overtaken by a vast knowledge of the law due to a number of advisers I have come to know. You will be aware that I sent you a Notice of Dispute letter on 26/2/2007 which you have not acted upon; in my opinion, confirming that you do not own the debt.

As a result of this new evidence I request that you refund all of the payments that I have made to Fredrickson together with Interest of 16.4%, which is the current Credit Card lending rate.You have fourteen (14) days to comply with my request. Failure to do so will leave me no option but to file in court.

I have written to Capital One to keep them up to date with the position.

[Armsoft]

Armsoft, just about to send this off, any further advice please?

 

I have recently requested a refund of unlawful charges from Capital One Bank (Europe) Ltd. and I have been advised that any refund will be deducted from the outstanding balance due.

 

I have been informed by Capital One that Fredrickson does not own the debt and is merely acting on behalf of Capital One. It stands to reason therefore that Fredrickson has been collecting sums of money from me on a debt it does not own. This is not permitted. My early ignorance of the law has now been overtaken by a vast knowledge of the law due to a number of advisers I have come to know. You will be aware that I sent you a Notice of Dispute letter on 26/2/2007 which you have not acted upon; in my opinion, confirming that you do not own the debt.

 

As a result of this new evidence I request that you refund all of the payments that I have made to Fredrickson together with Interest of 16.4%, which is the current Credit Card lending rate.You have fourteen (14) days to comply with my request. Failure to do so will leave me no option but to file in court.

 

I have written to Capital One to keep them up to date with the position.

 

Looks fine to me, short and too the point, and should prevoke a reaction fairly swiftly.

I would, as a matter of course, request written confirmation from Capital One that the debt is not owned by Fredrickson, as you`ll proberbly need some written proof for court purposes (Paperwork, Paperwork, Paperwork)

Let us know how you get on

[joesoap]

Looks fine to me, short and too the point, and should prevoke a reaction fairly swiftly.

I would, as a matter of course, request written confirmation from Capital One that the debt is not owned by Fredrickson, as you`ll proberbly need some written proof for court purposes (Paperwork, Paperwork, Paperwork)

Let us know how you get on

 

Armsoft, thanks.

 

It is my intention to ask Cap1 to confirm but I am not going to let on why, do you agree?

 

Ian

[Armsoft]

Armsoft, thanks.

 

It is my intention to ask Cap1 to confirm but I am not going to let on why, do you agree?

 

Ian

 

Yes, just ask for confirmation of ownership and liability for the outstanding amount

[AppleCrumble]

joesoap,

Assuming you are going to reject the offer (I would) use the Template `Rejecting Offer` letter and send by good old Royal Mail.

Emails have a habit of Not Turning Up/Not Being Trplied too etc

 

I would second that Joesoap, and it's a good idea to send your letter recorded or get a certificate of postin, so you have proof you sent it it it evers gets into court (it seems unlikely with cap one, but belt & braces eh?)

[AppleCrumble]

Seems my last post is behind in the story a bit now!

 

I'm confused, does that mean a debt collector cannot collect on a debt it does not own?? So if you refuse to pay an organsiation because they haven't bought the debt will it just pass back to the original lender or what?

 

:confused:

[joesoap]

AC

 

Your'e confused? I was gobsmacked when crap 1 said fred. didn't own the debt. All this recorded delivery lark as well. I sent a CCA to fred. on 21/2, it hasn't been delivered yet (as if). I've got the investigators from royal mail looking into it and also the postal order section to see if me quids been cashed. It's all go!

[joesoap]

I've received a letter from fredrickson asking me to "telephone them immediately or further action may be taken. I'm going to fax/send this letter. I haven't taken any action yet re Armsoft's post No 23 so may incorporate it in the letter below. Any comments.

 

Thank you for your letter dated 27/3/2007. To which correspondence are you referring to? Is it my letter of 21/2/2007 requesting a copy of my Credit Agreement under the Consumer Credit Act 1974 (which incidentally, has not been forwarded) or my letter of 26/2/2007 advising that my account is in dispute because I had requested a refund of charges?

I received a letter from Capital One Bank (Europe) Ltdadvising that they will refund £xxx in charges which has been deducted from the outstanding balance, your letter does not reflect this outstanding amount. Following a telephone conversation on 27/3/2007 (strangely enough, the date of your letter to me), Capital One also advised me that Fredrickson does not own the debt. As you have not provided me with a CCA nor do you own the debt, you are not in a position to” take further action if I do not telephone you immediately”.

[Armsoft]

I've received a letter from fredrickson asking me to "telephone them immediately or further action may be taken. I'm going to fax/send this letter. I haven't taken any action yet re Armsoft's post No 23 so may incorporate it in the letter below. Any comments.

 

Thank you for your letter dated 27/3/2007. To which correspondence are you referring to? Is it my letter of 21/2/2007 requesting a copy of my Credit Agreement under the Consumer Credit Act 1974 (which incidentally, has not been forwarded) or my letter of 26/2/2007 advising that my account is in dispute because I had requested a refund of charges?

I received a letter from Capital One Bank (Europe) Ltdadvising that they will refund £xxx in charges which has been deducted from the outstanding balance, your letter does not reflect this outstanding amount. Following a telephone conversation on 27/3/2007 (strangely enough, the date of your letter to me), Capital One also advised me that Fredrickson does not own the debt. As you have not provided me with a CCA nor do you own the debt, you are not in a position to” take further action if I do not telephone you immediately”.

 

Joe,

For clarification -

Does the total amount of your charges claim cover the total amount outstanding to Cap1 ?

 

If it does not -

 

Does the total amount of your charges claim plus the total amount you have paid so far to Fredrickson cover the total amount outstanding to cap1?

 

Also, have you sent a Rejection of Settlement Offer letter to Cap1?

[joesoap]

Armsoft

 

No unfortunately, the total amount of charges does not cover the outstanding, but not by much.

 

Yes, the amount paid to Fredrickson plus charges does cover the outstanding amount.

 

Rejection letter, not yet. I'm doing this for number 1 son who gets married next week so my brain is a bit all over the place at the moment; wifey says it's my age (56). I blame her.

[Armsoft]

Armsoft

 

No unfortunately, the total amount of charges does not cover the outstanding, but not by much.

 

Yes, the amount paid to Fredrickson plus charges does cover the outstanding amount.

 

Rejection letter, not yet. I'm doing this for number 1 son who gets married next week so my brain is a bit all over the place at the moment; wifey says it's my age (56). I blame her.

 

Ok, Firstly it is importnant that you get the rejection letter sent off, as Cap1 could try and play the "No response, assume acceptance" card.

 

If you send off the Rejection letter and continue through to Court Stage you will be `Debt Free` as far as Cap1 are concerned, so it must be worth getting the brain in gear to achieve that?

 

AFTER THE WEDDING -

You will need to get your proof of payments to Fredricksons evidence together, and also a response from Cap1 regarding ownership of the debt would be very handy, and also if you have copies of the original letters from Fredricksons from day 1 (The one that says they are persuing the debt on behalf of their client) that would be good too.

 

BEFORE THE WEDDING -

So that you don`t have too much to think about before your sons wedding (and I hope that goes well for you), you just need to get the Rejection Letter off to Cap1 as a priority, that then gives you a further 14 days breathing space before you have to take the next stage (filing in court) which you will be better placed to do after your sons wedding (assuming the hangover has cleared:-D ).

The letter to Fredricksons looks fine as it is (Use BOLD on the bit about Account being in dispute), so just print it off and send it, I`m sure it will prevoke a reaction from them, but it will also buy you some more time.

 

 

When the dust has settled after the wedding, get in touch with me (PM) and I`ll guide you through the next stage.

 

Once again, best of luck with the wedding

[AppleCrumble]

I am feeling very forlorn

 

No reply from Cap One or the court, and now I've lost my thread too :(

[joesoap]

I am feeling very forlorn

 

No reply from Cap One or the court, and now I've lost my thread too :(

 

Apple

 

Oops! sorry, no you haven't. It was just the easy option at the time. Geordie boy has taken the hint. I won't post again. Apologies.

 

im:)

[Armsoft]

I am feeling very forlorn

 

No reply from Cap One or the court, and now I've lost my thread too :(

 

Sorry AppleCrumble,

Discussions now being had elsewhere.

[Armsoft]

I am feeling very forlorn

 

No reply from Cap One or the court, and now I've lost my thread too :(

 

Apple,

Give the court a ring, they should be able to update you as to the current state of play.

Cap1 will acknowledge at court, they are not required to contact you to do this, so its the courts responsibility to notify you.

[AppleCrumble]

Apple,

Give the court a ring, they should be able to update you as to the current state of play.

Cap1 will acknowledge at court, they are not required to contact you to do this, so its the courts responsibility to notify you.

 

Thanks for that Armsoft! Sorry wasn't having a go about you guys being on here I just really was feeling VERY forlorn!

 

Well I rang the court this morning. They said Capital One haven't acknowledged at all and it's well over the 14 days :o :o so I need to send in the request for judgement ....

 

I feel a bit perplexed. So if I fill in this form then what happens? I thought it was all going ok here :(

[AppleCrumble]

Filled in the form requesting a judgement and took it into the court this afternoon (legged it and got in there 15 minutes before counter closing time )

 

Not sure how long the time scale is now ... more thumb twiddling methinks (sigh)

[Armsoft]

Filled in the form requesting a judgement and took it into the court this afternoon (legged it and got in there 15 minutes before counter closing time )

 

Not sure how long the time scale is now ... more thumb twiddling methinks (sigh)

 

Apple,

Your nearing the end game now:)

 

As Cap1 failed to acknowledge service, you now moving to Judgement should shorten the process for you as the court should pass judgement in your favour, so you win and Cap1 have to pay.

 

I`m not aware of any other instances where Cap1 have not acknowledged, so it must be getting on top of them now:-D with the increase this year of claims they obviously can`t cope.

[AppleCrumble]

Apple,

Your nearing the end game now:)

I`m not aware of any other instances where Cap1 have not acknowledged, so it must be getting on top of them now:-D with the increase this year of claims they obviously can`t cope.

 

:-| :-| makes me slightly worried to think I might be the first person they haven't acknowledged!

Still if they do want to ignore me, I don't care, they can't really ignore a court can they

[AppleCrumble]

Help! I'm feeling really stupid now and wondering if I did the wrong thing now ... have just read this http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/25457-guide-reclaiming-bank-charges.html?garpg=13 and think I may have been silly to fill in the request for judgement thingy so soon.

 

:(

[doo]

Hey applecrumble, am subscribing for moral support. Have just put my claim into cap one so will follows yours with interest. Cap One certainly make you play along - cat and mouse springs to mind.

[Armsoft]

Help! I'm feeling really stupid now and wondering if I did the wrong thing now ... have just read this http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/25457-guide-reclaiming-bank-charges.html?garpg=13 and think I may have been silly to fill in the request for judgement thingy so soon.

 

:(

 

Apple,

Once you have obtained the Judgement, you just write to capital One to give them an opportunity to settle prior to you enforcing the judgement.

The will pay up within the 7 days.

The main thing about all of this is that the banks need to see that you mean business and, they need to work to both yours and the courts timescales, and they can not re-write the rule book.

Fear not, you have done the right thing.

 

:)

[AppleCrumble]

Hey applecrumble, am subscribing for moral support. Have just put my claim into cap one so will follows yours with interest. Cap One certainly make you play along - cat and mouse springs to mind.

 

hi Doo, thanks & good luck to you too