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  • #1

    Any advice with Capital One possible?

    Hi, I'm new here and was hoping for some advice (I have a few different issues so will post separately and hope that's okay). I have been in contact with capital one since last September (2013) when they started contacting me about an outstanding amount. I was not happy with the figures so decided to start asking questions about the account. I asked them to provide my agreement which for the first three letter they refused to do whilst still demanding payment. I had stopped making payments when I wasn't happy with the figures, rightly or wrongly.

    After those first three letters they refused to discuss the issue and sent me a leaflet to complain to the ombudsman and informed me that their debt collectors fredrickson was going to be in touch. these did get in touch and I asked them to supply details of my agreement which they still refused to do stating I had all the documentation at the start so no need to send it now. Eventually they passed it to their solicitor, Bryan carter, who after I asked why he was getting involved when they hadn't provided the agreement didn't pursue the case. I then got a letter stating it had been passed back to capital one and their letters started again.

    They eventually sent me an "agreement" which actually is an application form. It states categorically "if this application is accepted" etc yet they deny it is an application form. There was no terms to the form and a scrawl in the creditors signature box. they sent the terms and conditions on separate pieces of paper which there is no linking whether they were with the form or not, just four printed off pages. I had never seen them before anyway.

    I last wrote to them stating they had sent an application form and not the agreement which is the position we are in now. they state it is an enforceable agreement but I don't know how. The agreement was allegedly started in Feb 2004.

    Any suggestions on moving this forward?

    Thanks for any help
    Tags: act, advice, application form, arrow, assessment, barclaycard, bryan carter, capital, capital one, car, cca, cca request, claim, claims, collectors, comi, con, consumer, consumer credit act, court, credit, credit act, creditors, debt, defaults, fee, firms, fredrickson, gold, help, interest, land, letter, letters, people, ppi, problems, protection, savings, signature, template, templates, unenforceability, unenforceable
  • #2
    Re: Any advice with Capital One possible?

    hiya,
    Would you consider starting a diary? (link here). It will enable AAD Members to advise you on your overall situation. Sometimes the best way forward for one thing changes when there is more than one obstacle if that makes any sense?!
    As for the one you refer to above - i would only use the templates available here which are written so not to acknowledge the debt.
    Fingers crossed, if it dates back to 2004

    Cheers
    SA
    When Gold isn't enough, there is SA Gold! New to the forum and find the UE route a bit scary? Take a look at my diary here and judge for yourself. I am now saving the money each month that was making little difference to the balance and not a bit of difference to my credit file as a result of finding AAD.


    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

    If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

    Comment

    • #3
      Re: Any advice with Capital One possible?

      Hi JosefK.
      Good advice from SA Gold above.

      Did you use a formal CCA Request (with a £1 fee) to obtain the agreement?

      Comment

      • #4
        Re: Any advice with Capital One possible?

        Thanks for the fast responses. I will start a diary thread, I've a few issues so maybe do one for each?

        I didn't send the £1 fee as I'd been told, possibly wrongly, that this admitted the debt. However, never has the firms in question stated that for a £1 they'd send it which to me raises a question mark. If they are acting honestly why not point out what is needed to obtain? Capital one did supply the information they have provided without the fee as I did state that I would be asking for it as disclosure.

        Will start a diary.

        Comment

        • #5
          Re: Any advice with Capital One possible?

          Originally posted by josefk View Post
          Will start a diary.
          Good move mate. oh, by the way the diary is for you - just list all the creditors in a different post. If it helps, take a look at mine. Link in my signature.
          Cheers
          SA
          When Gold isn't enough, there is SA Gold! New to the forum and find the UE route a bit scary? Take a look at my diary here and judge for yourself. I am now saving the money each month that was making little difference to the balance and not a bit of difference to my credit file as a result of finding AAD.


          I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

          If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

          Comment

          • #6
            Re: Capital one issue

            The amount os for approx £7,600, stopped payments on plan when unhappy with figures, unsure if PPI was being taken etc, no defaults received.

            Comment

            • #7
              Re: Any advice with Capital One possible?

              Thanks SA, I will do that, I appreciate your help. I've managed to bat away barclaycard with an egg account they kindly bought as they had no paperwork and stated unenforceable but I will read through your diary for a heads up.

              Comment

              • #8
                Re: Any advice with Capital One possible?

                Originally posted by josefk View Post
                Thanks for the fast responses. I will start a diary thread, I've a few issues so maybe do one for each?

                I didn't send the £1 fee as I'd been told, possibly wrongly, that this admitted the debt. However, never has the firms in question stated that for a £1 they'd send it which to me raises a question mark. If they are acting honestly why not point out what is needed to obtain? Capital one did supply the information they have provided without the fee as I did state that I would be asking for it as disclosure.

                Will start a diary.
                No it doesn't acknowledge/admit the debt, providing it's done with a correctly worded template as we have here. Just out of interest, where did you read that?
                Unless you've made a formal request in this way under section 77-79 of the Consumer Credit Act you don't have the protection of the Act (ie the account is unenforceable in court) if they fail to comply with your request.
                Obviously it's not in their interest to tell you this.
                When did you make the request? If it's more than a month ago I would send a formal request for your own protection, using our template linked above.
                Once you get a response you can send an unedited version to our Administrator Never In Doubt for an assessment of enforceability. (webmaster@all-about-debt.co.uk )

                Comment

                • #9
                  Re: Any advice with Capital One possible?

                  I was told that Elsa when I came across the Get out of debt site. I will do as you've suggested. I made the requests from September last year to December. Will post off a letter to all with my £1 fee.

                  Comment

                  • #10
                    Re: Any advice with Capital One possible?

                    I have already got their "agreement" and a letter stating they don't have the actual agreement which allegedly had the T&Cs on the back, would this be worthless without having paid the £1 fee?

                    Comment

                    • #11
                      Re: Any advice with Capital One possible?

                      Ahhh I thought it might be from there. No doubt they mean well but we get a lot of people coming here after their methods get them into problems and they end up with a claim being issued. Let us know when you get your CCA responses and we'll get them properly checked for you

                      Comment

                      • #12
                        Re: Any advice with Capital One possible?

                        Hi Josefk

                        I'm so glad that you found your way here and didn't continue to follow the advice given on GOODF, as mentioned we have seen too many people there end up with costly court claims made against them. Can't say it'll never happen, but its never going to help your case using freeman of the land bullshite.

                        I'd suggest that in addition to all the previous good advice given here so far that to help you understand the whole process go and read the thread here:

                        http://forums.all-about-debt.co.uk/s...enforceability

                        Best
                        SnV
                        "I fear all we have done is to awaken a sleeping giant and fill him with a terrible resolve."

                        The consumer is that sleeping giant.!!


                        I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                        If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                        Comment

                        • #13
                          Re: Any advice with Capital One possible?

                          In fairness I wasn't using the Freeman stuff and sending a copy of the magna Carta off, all I'd done is ask for the original agreement but without the £1. Barclaycard admitted they didn't have the info and so it was unenforceable and Lowells wrote off the alleged debt and closed the account. It's the ones that have provided an application slip as an agreement or a request for an old address that are difficult to deal with. I've found here now so can change tact.

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