Cougar Financial and Capital One - DEBT PASSED TO a dca urgent help please

inamess_man

sent of a re offer today, had a reply re the harrasment letter today here is its contents (roughly)

i write in response to your recent letter which has been passed to me by response.

cfs takes any complaint very seriously therefore upon recipt of your letter i conduced (presumably conducted?) and internal investigation into this matter.

i can confirm, as per your request we have removed your number frm our system, future correspondence will be via writing, however note that we reserve the right to re instate the number should we be unsuccessful in our written communication with you.

cfs offers a door step collection service (how kind) to discuss repayment, in relation to field visist in subsection 2.12 of oft guidelines doorstep visits must give adequate notice of the time and date of visit. The cae you quoted is dependant on each circumstance and such order to refuse access can only come from a court and not you.

in conclusion i can confirm that we do not deem the contact has been excessive therefore we refute your allegations of harassment.

pleas escalate to ombudsman within 6 months, please dont hesitate to contact me directly by return.

inamess_man

worth a reply if so what or straight to ombudsman?

thanks again as ever

fermi

It's not normally worth complaining to the FOS. They usually tend to side with debt collectors, no matter how much they have misbehaved and acted unfairly.

CFS are obviously aware of this, which is why they suggest it.

Instead if you wish to complain then do it through consumer direct/OFT and trading standards.

They can't do anything directly to help you, but all complaints are logged and may eventually provoke some action.

The reply is the standard evasive waffle from a DCA.

Not even worth wasting a stamp for a reply.

inamess_man

thanks fermi as ever

have already complained through oft and have sent of my complaint

i suppose at least it shows i have tried to maintain contact with them throughout

TakingControl

inamess_man wrote: »

sent of a re offer today, had a reply re the harrasment letter today here is its contents (roughly)

i write in response to your recent letter which has been passed to me by response.

cfs takes any complaint very seriously therefore upon recipt of your letter i conduced (presumably conducted?) and internal investigation into this matter.

i can confirm, as per your request we have removed your number frm our system, future correspondence will be via writing, however note that we reserve the right to re instate the number should we be unsuccessful in our written communication with you.

cfs offers a door step collection service (how kind) to discuss repayment, in relation to field visist in subsection 2.12 of oft guidelines doorstep visits must give adequate notice of the time and date of visit. The cae you quoted is dependant on each circumstance and such order to refuse access can only come from a court and not you.

in conclusion i can confirm that we do not deem the contact has been excessive therefore we refute your allegations of harassment.

pleas escalate to ombudsman within 6 months, please dont hesitate to contact me directly by return.

Funny, I had the same respone to my letter, yet no response to my CCA request send 3 days before the harrassment letter. Let me guess, was your letter signed by a lady called Sally?

thechippy

They are talking complete carp.

YOU can refuse access - not a court.

inamess_man

correct tc

magpiecottage

fermi wrote: »

It's not normally worth complaining to the FOS. They usually tend to side with debt collectors, no matter how much they have misbehaved and acted unfairly.

CFS are obviously aware of this, which is why they suggest it.

I disagree. FOS CAN investigate individual complaints (and will charge the DCA to do so).

The problem is that FOS has a lot of contractors working as adjudicators who do not know what they are doing.

However, FOS will consider what is fair and reasonable so you need to get the guidance from the Office of FAIR Trading here.

You then need to cite everything in it that the OFT says is unfair that they have done.

If the adjudicator is too thick to agree, send it on to an Ombudsman.

Also make a separate complaint to Capital One about the behaviour of their representative. Again cite each breach of the OFT guidance and remind them that the OFT says that if they use a DCA that breaches the guidance then their own consumer credit licence might be affected.

Culex

inamess_man wrote: »

(quoting some nameless CFS shmendrik)

i write in response to your recent letter which has been passed to me by response.

cfs takes any complaint very seriously therefore upon recipt of your letter i conduced (presumably conducted?) and internal investigation into this matter.

Cobblers!

Their 'investigation' - if there was one at all - would have been solely concerned with determining if anything had been done which they would later need to deny, or which papers - if any - might be expedient to shred.

i can confirm, as per your request we have removed your number frm our system, future correspondence will be via writing, however note that we reserve the right to re instate the number should we be unsuccessful in our written communication with you.

Translated: We will stop telephoning you for the time being and will only contact you in writing but you will have to agree to whatever we demand or we will start telephoning you again.

If your number had indeed been removed from their system, how might it be reinstated?

Perhaps it might help to send those schmucks a section 10 notice as provided by the Data Protection Act 1998 requiring CFS immediately and henceforth to cease processing data of or about your telephone number(s) and to remove your telephone number(s) from their database. If they subsequently resume their telephone harassment, you'd then be able to set the ICO on them.

cfs offers a door step collection service (how kind) to discuss repayment, in relation to field visist in subsection 2.12 of oft guidelines doorstep visits must give adequate notice of the time and date of visit. The cae you quoted is dependant on each circumstance and such order to refuse access can only come from a court and not you.

Utter nonsense!

It is not necessary to obtain an injunction to refuse access.

in conclusion i can confirm that we do not deem the contact has been excessive therefore we refute your allegations of harassment.

Whether or not they refute the allegations, they have been "put on notice" that you consider their antics to constitute harassment.

inamess_man

thanks for more replies everyone

so whats the general consensus for my next move now?

thanks