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

thechippy

Don't believe anything these idiots say....;)

Might be worth giving c1 a quick buzz and ask if they have sold the debt to wescot, or are they just an agent.

inamess_man

ok thanks chippy

thechippy

Did you ever cca cap1??

Being offered a partial settlement always smells of "we don't have a compliant agreement, or any agreement at all".............;)

Anyway, it's still VERY important to determine if wescot own the debt or are agents only....

inamess_man

i did chippy and i posted it on here and was told its a compliant one

winner12

Hi there
Just read your updates the man at Wescot is wrong if they have not bought the debt ie no NOA recieved you can make CAP1 still accept your payments
Is the 600 just to get you up to date be very careful send a complaint to Cap1 asking why they have not let you know about Wescot this then means until they deal with your complaint you can keep paying CAP 1 and not Wescot

inamess_man

thanks winner

received the "demand" letter today from westcot

says they have been instructed by capital one to collect the outstanding balance on there behalf

i am very confused as to what to do no

just phoned capital one about as much use as a chocolate teapot

winner12

Hi there
I guess Cap1 did not send a notice of assignment or any letter as to who is collecting the debt
The point Im trying to make is would you pay me
keep paying CAP1 direct for as long as you can they wont make it easy but a very helpful MSE poster once told me its amo to complain to FOS OFT etc because it boils down to the fact that without any proper NOA how would you know who to pay
I would point out the fact to CAP 1 (in writing)that they are breaking OFT guidelines not informing you as to who is collecting the debt (if you look on the oft website all the guidelines are there)and Im sure there will be various other points you could bring up as well
You could also write to Wescot informing them of your complaint to CAP 1 and until it is sorted you will continue to pay (cap1)as before
Wescot have no powers to do anything they may threaten but thats breaking OFT rules too the only one who can take you to court would be CAP1 as they still own the debt treat them with the contempt they deserve

inamess_man

thanks again winner

will ping of the two letters tommorow

thanks

inamess_man

sorry again guys how does this read as a letter to capital one? thanks for any help

COMPLAINT LETTER
Dear Sir/Madam 28/06/2011

Account number 5460 xxxxxxxxxxxxxxxx
I am writing to inform you that I have contacted the office of fair trading with regards to my account with yourselves.

As stated to the OFT you have breached the following guidelines as set out by the oft with my account. I currently have two separate debt collection agencies claiming repayment on the same account, as I’m sure you are aware this isn’t acceptable.
As I have continued to make my maximum monthly payment to youselves as per my debt management plan and I have noted you have not returned any of these payments I can only assume you are still managing my account. As such I will continue to make my monthly payment to yourselves until informed by yourselves in writing.




The breaches made are listed below and have all been reported to the oft.
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[FONT=&quot] [/FONT]
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[FONT=&quot] [/FONT]
[FONT=&quot]g. ignoring or disregarding debtors' legitimate wishes in respect[/FONT]
[FONT=&quot]of when and where to contact them, for example, shift workers who[/FONT]
[FONT=&quot]ask not to be telephoned during certain times of the day [/FONT]
[FONT=&quot] [/FONT]
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[FONT=&quot]2.6 Examples of unfair practices are as follows:[/FONT]
[FONT=&quot]a. contacting debtors at unreasonable times and at unreasonable intervals[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]c, using more than one debt collection business at the same time[/FONT]
[FONT=&quot]resulting in repetitive and/or frequent contact by different parties[/FONT]
[FONT=&quot]d. not ensuring that an adequate history of the debt is passed on as[/FONT]
[FONT=&quot]appropriate resulting in repetitive and/or frequent contact by different[/FONT]
[FONT=&quot]parties[/FONT]
[FONT=&quot]e. not informing the debtor when their case has been passed on to a[/FONT]
[FONT=&quot]different debt collector[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Yours Sincerely[/FONT]
John Bxxxxxx

inamess_man

really confused now which capital one ever made sense in any of there correspondence

right wrote to both capital one and wescot, wescot to be fair were good wrote straight back saying they wouldnt contact until hearing from capital one. C one just sent a standard letter saying they were looking into my complaint


Today i get a letter from wescot stating capital one have told them they now "own" the debt and i am to pay them again

jesus what a mess