New here, ongoing issues with Cap One

[Nories]

Letter2 are due to go to each outfit 24th Nov.
Today I received a letter from Capitol One in response to my letter1 I guess, it states exactly the same as the one I received on the

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

17th Nov 2011- 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 Liam Quegan, Head of Executive Response Centre

Not come very far in over a 12mth have they!

Quick question re letter2 - do I also cc the person who signed this response eg Liam Q (I'm already cc'ing that Jaidev Janardana chappy in my letters anyhow)

[ceylon]

up to you i tend to get one and stick with them but your choice

[Nories]

Letter2 went out to both Cap One and Fedrickson on the 24th Nov, special delivery for arrival before 1pm on the 25th Nov.

Now, Cap One received theirs, but Fredrickson have redirected/forwarded theirs to another address - its now in another sorting office (Wadebridge?) for delivery 28th Nov - WTF is all this about?

I'm guessing letter3 still goes out after 10days and still to their original address?

[stoneybroke]

keep up with 3 letter process get them in tactic

[ceylon]

yes

[Nories]

Just got home(I work away during the week!) to find a couple of letters waiting on the floor:

First up was one from Fredrickson Int Ltd (they've had letter2 BTW), it was addressed to my acquaintance....'Mr' blah blah , they noted the contents of letter2 and state:

We have no retainer with you, you have not provided us with goods or services and we therefore reject any schedule of costs. We do not admit any liability due to you.

They then also confirm that they are no longer instructed 'in this matter' and that any further correspondence should be directed to their client where they show Capitol One's address. Guessing they themselves do not want to get into any tacit agreement Fredrickson did however give another 'new' address for themselves:

De Havilland Drive, Brooklands Business Park, Weybridge, Surrey KT13 0NT

this is where my letter must have been re-directed too maybe?

Firstly, I think the extras added to the letter

This is not a complaint or a query or a request for a statement / agreement and is not to be treated as one, if you treat it as one you agree to pay £5000.00 damages

got under their skin a little - thanks Ceylon
Secondly, they haven't had any schedule of costs to reject yet.....but they will when letter3 goes out on Monday

Next up was a large envelope from Cap One, different from others I've received from them before the letter process started. It was address to my 'name' and no 'Mr', shame it was still an UPPERCASE letter to start each word!They also included a shit load of statements too for some reason, these will do over to my next door OAP to help with her fuel for her open fire
They advise

we are not required to provide our response in affidavit format

and that

Your agreement with Capitol One is governed by English Law. Your request for validation of your debt is based on a consumer's rights under United States law and not English law. As a result, this is not relevant to your agreement with Capitol One

they then go on 'in an effort to assist you' with a copy of the last 6yrs worth of statements, like they'll help and also a copy of the signature part of the credit agreement (this looks mighty suspect - is not in the 'box' - is ineligible - not written in wet ink either by the looks), they also included a copy of my credit agreement 'this is your original' they say......well I know someone who'll appreciate that too this winter!
They then state that they are unable to give a full breakdown of their costs and accounting - as it is confidential business information!

The letter then goes on to state that Cap Ones claim against me is based on a credit card agreement made between me and Cap One and that the BOE Act1882 is not relevant as my credit agreement is governed by the CCA 1974.
They then say about assisting with my request and that they have provided the information that is relevant to my agreement with Cap One. As such, they do not accept the terms in my letter

Strangely, it goes on to say

I notice that you have demanded payments from us. I must advise you that we will not be making these payments to you as we have not entered into any such agreement with you

...the fee schedule hasn't gone out yet to them?

The letter is getting close to ending now with a little from them about the 'protection from harassment Act1997' and that they don't consider the contacts to be harassment. It states that 'this is my final response in relation to this matter' and that I have the option to contact the Financial Ombudsman!


Phew


After all this and the very recent first read-thru of Veronica's book .....I appreciate its all bullshite and bollux and that I have no contract with them, but there are a few things in their reply which tend to get you thinking(maybe the scam is so ingrained in me that I still have 'some' doubts )

Whats with the reply about the BOE act? I thought this ruled over the CCA?
Should I add anything into Letter3 before sending to both parties?
Whats next to expect?

[Nories]

Letter3 will go out tomorrow, to both parties without anything additional, regardless of what they think/say

[wishy]

You carry on mate, Its all wind and piss on their part

[Nories]

Letter3 will go out tomorrow, to both parties without anything additional, regardless of what they think/say

Well, nothing back from letter3 so far and they are both in tacit agreements
After 30 'clean' days; I'm thinking that the estoppel is sent and then the billing can start?

Can you bill for any item after tacit is in place or only after the estoppel is sent?

[ceylon]

if you had nunc pro tunc you can bill from there first letter