Right, now I'm a little wiser as to the way forward and am about to commence the 3letter process to all parties, this is a breakdown of my current situation:
I've had a credit card from Capitol One since 2004 and in Aug 2010 I had the card checked for breaches in the Consumer Credit Act 1974 and to identify any potential breaches based on the improper execution of the credit agreement (my wife works for a company that does this type of thing!). The report came back stating that there were breaches in the agreement and for me to stop making payments to Capitol One, this report cost me nothing as the fee was added to the credit card balance
I guess many people take this route as the information contained within this website, and many others like it, is not known by everyone.......yet!
Aug 2010 - payment to Capital One didn't go and I got a 'Please make a payment to bring your account up-to-date' letter
Sept 2010 - same letter again
Oct 2010 - 'Notice of Default served under section 87 (1) of the Consumer Credit Act 1974' - ooeerr, starting to get serious now, the letter also stated that if I did not pay then 'FURTHER ACTION MAY BE TAKEN AGAINST YOU'. This is when the telephone calls started.
18th Oct 2010 - The company who completed the report wrote to Capitol One again, informing them of the prescribed breaches in the credit agreement.
28th Oct 2010 - 'Notice of Sums in Arrears' - 'In order to comply with the amended Consumer Credit Act 1974 we are required to provide you with this notice'
All the above letters cam from Jaidev Janardana, Senior Director of Collections.
31st Oct 2010 - Capital One - informing me 'Its going to take us a little while to look into your situation and come back with a detailed response' - letter from Sven Lagerberg, Head of Executive Response Centre
4th Nov 2010 - Capitol One - letter advising me 'that they have fully complied with my request under section 78 of the CCA 1974. The agreement is also fully enforceable' also 'we do not consider contacting you to reclaim your outstanding balance as harassment. We call our customers to see if we can help in any way' - letter from Katie Smith, Executive Response Centre
26th Nov 2010 - Capitol One - 'Statement of Default - your Capitol One account is now officially in default' - they stated that they had terminated my account, will notify the credit reference agencies and may place my account with, or sell my account to a debt collections agency. - letter from Jaidev Janardana again.
30th Nov 2010 - letter from F.T.C - informing me that Capitol One had appointed FTC as their managing agent for the purpose of securing repayment. - FTC is a trading division of CapQuest.
7th Dec 2010 - letter from F.T.C - 'we note with regret that you have chosen not to deal with this matter despite our previous communications' - I had no intention of paying anyone
17th Dec 2010 - letter from F.T.C - 'your account may be passed to a specialist debt collection agency', also, 'We must hear from you before 26 Dec 10 to stop the next course of action being taken'
9th Feb 2011 - CapQuest - informing me that CapQuest Debt Recovery Limited will be managing my account and may include 'Personal visits by our doorstep collection agency' and 'Possible Litigation'
22nd Feb 2011 - CapQuest - they inform me that I have no outstanding CCJ's registered against me at my address - thanks for that
8th Mar 2011 - CapQuest - 'LETTER BEFORE ACTION' - 'we would like to offer you the opportunity of making a final payment of£xxxx' - this amount is half the owed balance
This letter also goes on about 'should litigation be instigated' and 'seeking an Order of the Court' - this time I must make contact before 21 Mar 11
22nd Mar 2011 - CapQuest - 'It is apparent that we need to start the litigation process to resolve this matter', this time I must make contact before 04 Apr 11, again the amount is half of the owed balance - letter from Marcus Butterworth, Litigation Dept
14th Apr 2011 - CapQuest - 'We confirm that your account has been placed on hold until 27 Apr 11 whilst we investigate this matter for you'
29th Apr 2011 - CapQuest - 'With regard to your dispute, our client states that: Passed to complaints department, thanks'
16th May 2011 - CapQuest - 'NOTICE OF DOORSTEP AGENT VISIT' - they are now in the process of making arrangements for 'ScotCall Limited' to visit me. I should contact them by 21 May 11 or an agent will be despatched. Once again the settlement figure is half the owed balance.
8th Jun 2011 - ScotCall Debt Collecting Services - informing me that if I fail to pay immediately, my account would be passed to one of their Field Representatives - letter from Mrs J Hart
24th Jul 2011 - Capitol One - 'I am writing to advise you that your account is no longer being managed by the Debt Collection Agency who were acting on behalf of Capitol One', 'Your account has now been returned to Capitol One. It is important that you continue to make payments to your account' - I haven't paid you lot any money since Aug 2010 and I am not gonna start anytime soon
5th Oct 2011 - Fredrickson International Ltd - 'CONFIRMED RESIDENT' across the top of a yellow card, 'This account is seriously in arrears and you have failed to reply to correspondence or make a payment arrangement despite trace enquiries showing you as living at this address'
15th Oct 2011 - found this place and now know there is a method of addressing these people and I am due to print out letter1 for both Capitol One and Fredrickson. I've already completed the copyright/trademark process.
So, nothing has happened in over a year, if I broke any laws I'm guessing I'd have done the court route by now?
If no-one minds, I'll keep this post updated as the situation progresses.
Peace to all