Cap 1 new methods

[fifer]

Hi here is some info on my dealings with Cap 1 ,second letter went out sending 3 rd today (maybe ) Cap one have ignored all correspondence have failed to even provide Agreement of which my understanding from correspondence from other credit cards that the debt is now un enforcable if they fail to provide even an Agreement under credit agreement act ,they have passed the debt onto Cougar financial debt recovery with the usual bunff door stop collection blah blah . Has anyone had dealings with this company ? and should 3rd letter still be sent or start again with interloper and maybe some info on the debt being un enforcable to the debt collector , any info would be useful cheers in advance guys

[ceylon]

finish letter 3 and start with new lot dont bother explaining anything they will not take any notice

[fifer]

Thanks again Ceylon letter 3 going out today appreciate all the good advice

[ceylon]

i dont give advice just share experiance, but i know what you mean

[gibx33]

Hi All

capital One have ignored all letters so i and sending all there letters back 'NO CONTRACT RETURN TO SENDER' I have billed them for over a Million. So i will need to wait for the sale of the debt to a debt collector.

[orchid]

Well I have to laugh have sent all 3 letters to capitol one, who have replied with statements and apparent proof of signature, funny then, how today I spoke to people who are dealing with PPI and now capitol one want drivers license and passport photos as signature doesn't match!!!! Hmmm shall i send the letter from capitol one to PPI people or may have fun as they still ringing and ask them why when they have no proof of signature!!!! I just had to laugh suddenly can't wait for them to ring again!!!

[kaybe]

Office of Fair Trading guidelines for debt collectors:

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/OFT664Rev.pdf

Page 34:

Deceptive and/or unfair methods

3.8 Dealings with debtors and others are not to be deceitful and/or unfair.

3.9 Examples of unfair or improper practices are as follows:

section j: requiring an individual to prove he is not the actual debtor who owes an outstanding debt

For example, requiring an individual to establish that he is not the actual debtor by producing his driving licence or passport, or by providing a copy of his signature. an individual to prove he is not the actual debtor who owes an outstanding debt

[A business may reasonably request this information, but there is no obligation on the individual to supply it (and this should be made clear to the individual at the time any such request is made) - and the debt recovery business should not seek to place the onus on the person being pursued for a debt to establish that he is not the debtor in question.]

It's in their own guidelines that they are not allowed to request signature, passport or driving license to establish identity.

[Skeptical]

finish letter 3 and start with new lot dont bother explaining anything they will not take any notice

Isn't that exactly what you're all doing?? Ignoring default notices and sending bills for, quite frankly, insane amounts of money?

Cap one have ignored all correspondence have failed to even provide Agreement of which my understanding from correspondence from other credit cards that the debt is now un enforcable if they fail to provide even an Agreement under credit agreement act

If I'm to understand correctly, you're saying the agreement is unenforceable under the Consumer Credit Act 1974. The request for your agreement is governed by sections 77-79 of the CCA1974, especially with regards to unenforceability. But none of these templated letters ask for anything under S78 (which is this situation as it's a credit card, i.e. running-account agreement), so the issue of unenforceability doesn't apply. If you ask for S78, I'm sure they'll provide an S78 response. Well I'd like to think so anyway

[ceylon]

go away mr banker no one wants to listen to you