Capital One

[bwbrownie]

Hi Everyone,

Balance £6839.52
Opened in 1998

I was defaulted last July on my capital one account which was subsequently passed onto Couger who I sent the sold whilst in dispute letters and threat of doorstep visit which stopped them in their track.

I have not heard anything until last month when Capquest contacted me concerning the account. I once again sent the same letters out and they too sent the account back to Capital 1.

Letter received from them 18th March saying I had never requested my CCA but they have enclosed a copy of the agreement anyway, which was basically terms and conditions.

I replied with the letter asking for a TRUE copy of the agreement and received a letter back stating they do not need to provide the true copy even though I was querying the actual existence of it.

"We have previously provided you with a copy of your current terms and conditions and a reconstituted copy of your original agreement. You were also provided with a statement of your account. Therefore, we have fully complied with the requirements of section 78 (S78) of the consumer credit act 1974"

They then go onto quote the "mcGuffick v RBS and the Carey v HSBC cases and state that as they have sent a reconstituted version of the executed agreement the account is not in dispute and is enforceable.

They also say

"the continued use of your card and your sustained period of making payments highlight your consent and clearly illustrates that you were operating your account on the basis of an agreement between you and capital one"

I have emailed Niddy the actual letter and would welcome any help on what I do next

Many thanks

[Never-In-Doubt]

Re: Capital One

I've not had an email from you?? However; the letter you received is normal, don't worry - seen loads before! Try re-sending email to agreements@all-about-debt.co.uk

Niddy

[nanna58]

Re: Capital One

hi browne and welcome

[bwbrownie]

Re: Capital One

Hi Niddy

Thanks I have resent it to the email address you said to.

Regards
Bwbrownie

[Never-In-Doubt]

Re: Capital One

Hi Niddy

Thanks I have resent it to the email address you said to.

Regards
Bwbrownie

Hiya, it because you never said who you were on the email - obviously you have to appreciate I receive a lot of emails so you need to actually tell me that your username is bwbrownie!!

Ok, regards to the email and your post - you don't need to do anything, just ignore them now. See what they send next eh?

[bwbrownie]

Re: Capital One

Hi Niddy

Many thanks, I will now wait and see, I have had written confirmation from Capquest that they have sent it back to Capital. Sorry for the confusion at my end, I will put my user name in the email in future.

Bw brownie

[Never-In-Doubt]

Re: Capital One

Hi Niddy

Many thanks, I will now wait and see, I have had written confirmation from Capquest that they have sent it back to Capital. Sorry for the confusion at my end, I will put my user name in the email in future.

Bw brownie

Keep us updated

[bwbrownie]

Re: Capital One

Thanks, I will keep you updated

[bwbrownie]

Re: Capital One

Hi Niddy

Another letter from Capquest.

After receiving the last correspondence from Capquest informing me they had sent the file back to Capital one. I received a letter yesterday dated 16th June.

It is a prior to legal proceedings letter, basically stating that they will commence legal proceedings that may result in a CCJ and as I do not have any recorded against me this will have an adverse effect on me getting credit.

The go on to say they are not seeking immediate payment in full but they can offer many repayment methods and may include a possible settlement that will save me money!
They want me to contact them before the 29th June so that we can "work on this together"

What is my next step? Do you want me to PM you the letter?

Thanks

Bwbrownie

[Never-In-Doubt]

Re: Capital One

Hi Niddy

Another letter from Capquest.

After receiving the last correspondence from Capquest informing me they had sent the file back to Capital one. I received a letter yesterday dated 16th June.

It is a prior to legal proceedings letter, basically stating that they will commence legal proceedings that may result in a CCJ and as I do not have any recorded against me this will have an adverse effect on me getting credit.

The go on to say they are not seeking immediate payment in full but they can offer many repayment methods and may include a possible settlement that will save me money!
They want me to contact them before the 29th June so that we can "work on this together"

What is my next step? Do you want me to PM you the letter?

Thanks

Bwbrownie

No need to email it, seen loads lately - just ping this back to them: ---> Threat by Lender/D.C.A - To commence litigation

[bwbrownie]

Re: Capital One

Hi Niddy

Many thanks for the speedy reply, I will send this off to them in the morning.

Bwbrownie

[bwbrownie]

Re: Capital One

Hi Niddy

Update: I heard nothing from Capquest until Tuesday 28th when they sent me a letter dated 27th saying I had failed to contact them and therefore they would give me one last chance before they began litigation, but if I wanted to stop this then I could pay them £4680 to close the account.

I ignored this as I had sent the letter you suggested and they had given me to the 29th to respond anyway! The next day 29th June, I received a letter off them dated the 28th saying thank you for your correspondence, but as the dispute was before they became involved they had closed my file!

I was going to update last week, but had some other things to sort out. On Saturday I had a garbled message left on the machine to contact someone, quoting a reference number which I ignored and yesterday received a letter from Fredrickson International Limited asking for Immediate payment of my outstanding Capital One balance, dated 1st July.

Do I send the "sold whilst in dispute letter" to this new one, also, does anyone have the correct address for them as it is a PO Box and I am not sure if you can get proof of delivery to a PO box number.

Thanks for your continued help, I am liking the new site, you can tell you have put in an enormous amount of time and effort.

Regards

Bwbrownie

[The Debt Star]

Re: Capital One

I wonder if Fred's will post you their pretty bright yellow welcome card entitled "Confirmed Resident"? Lol, they sent that after exchanging a couple of letters to me. Idiots. I regret not sending a mock-up back to them entitled "Confirmed Plonkers."

From the sounds of it though your account has not been sold on, but Crap One are just fielding it out to different DCAs to collect. Obviously they are working their way down the DCA sewer as Freds are a little dirtier than CrapQuest.

[Deepie]

Re: Capital One

Hi Niddy

Update: I heard nothing from Capquest until Tuesday 28th when they sent me a letter dated 27th saying I had failed to contact them and therefore they would give me one last chance before they began litigation, but if I wanted to stop this then I could pay them £4680 to close the account.

I ignored this as I had sent the letter you suggested and they had given me to the 29th to respond anyway! The next day 29th June, I received a letter off them dated the 28th saying thank you for your correspondence, but as the dispute was before they became involved they had closed my file!

I was going to update last week, but had some other things to sort out. On Saturday I had a garbled message left on the machine to contact someone, quoting a reference number which I ignored and yesterday received a letter from Fredrickson International Limited asking for Immediate payment of my outstanding Capital One balance, dated 1st July.

Do I send the "sold whilst in dispute letter" to this new one, also, does anyone have the correct address for them as it is a PO Box and I am not sure if you can get proof of delivery to a PO box number.

Thanks for your continued help, I am liking the new site, you can tell you have put in an enormous amount of time and effort.

Regards

Bwbrownie

Hi
Ignore for now see what they do next

[mauijim]

Re: Capital One

Hi BWBrownie Like you I also get lot of letters from same people. at first was very worried but came hear and not so worried. Funny how they trot out same letters many times.

Hi The Debt Star I too have bright yellow card from Freds as you say. I thought they were helpful sending me card to remind me of my address. I keep it just in case one day I forget