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

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Comments

  • inamess_man
    inamess_man Posts: 211 Forumite
    thanks for your continued help chippy

    yes i have

    never heard anything according to westcot capital one replied to me on the 26th june asking for more details???? i never received this obviously
  • winner12
    winner12 Posts: 428 Forumite
    edited 18 July 2011 at 5:54PM
    Hi
    So if they have not sent all you request under the SAR its technically in dispute (you did send the £10 and sent it recorded)you can complain to ICO its your right to be given this info
    Yet another fluff by CAP 1
    Sorry to ask did you count the 40 days (working days) only asking if you complain to the ICO they will only deal with it if all of the above have been adhered to
  • thechippy
    thechippy Posts: 1,938 Forumite
    thanks for your continued help chippy

    yes i have

    never heard anything according to westcot capital one replied to me on the 26th june asking for more details???? i never received this obviously

    No prob mate.

    Cap 1 really are morons at best and never cease to flabber my gast...

    As above, send this and complain to the ICO.

    Sounds to me like Cap 1 still own the debt and wescot are collecting only at this stage, so I'd pay cap1(If you really want to!!) and stuff wescot.

    Dear Sirs,

    Account No: XXXXXXXX

    I recently requested that you supply me a copy of all information that you hold about me, this has not as yet been responded to, in accordance with the provisions set within s.7 Data Protection Act 1998.

    I clearly explained in my original letter what I expected from you, therefore your lack of diligence in dealing with my request has left me no alternative but to inform the Information Commissioner of this, and leave them to instruct you to deal with my request. In the meantime, you can take this as formal authority that this account is now formally disputed and will remain as such until you respond in accordance with the Data Protection Act.

    Attached is a copy of my original request and a copy of my complaint to the Commissioner's office. If you now provide the data, as requested, then I do expect as a gesture of goodwill for you to refund the fee paid being you have already broken the terms of the Act in refusing to deal with my simple request within the allocated timeframe given by the authority.

    I do, expect the main actions to be dealt with, as matter of course, and look forward to hearing from you in due course.

    Yours faithfully
    Happiness, is a Kebab called Doner.....:heart2::heart2:
  • inamess_man
    inamess_man Posts: 211 Forumite
    thanks chippy

    will get the complaint and that letter sent today
  • inamess_man
    inamess_man Posts: 211 Forumite
    as i knew would happen finally got a response from capital one (minutes after i send a recorded letter to them !)

    anyway they state that the account is now with westcot credit services and all correspondence needs to go through them

    i still cant understand though why capital one have continued to accept my payments when they are now telling me the account isnt with them.

    do you think its worth going to the ombudsman?
  • winner12
    winner12 Posts: 428 Forumite
    Hi
    Im not sure the FOS will help I had the same problem and after 3months of wrangling they found CAP1 had not done anything wrong
    So you now have 2 choices do a deal with Wescot( they will probably do a good F&F I have a MBNA debt with them had a couple of hiccups lost cheque and then their demand for updated info to continue on my payment plan, fobbed them off with a short nothing has changed letter see orignal SOA
    or you keep letting CAP 1 wind you up they will probably start declining payment next so do as chippy has said sit and wait for your SAR request because until it lands on your doorstep its disputed
  • inamess_man
    inamess_man Posts: 211 Forumite
    thanks guys going to sit and wait for the SAR now

    thanks again
  • thechippy
    thechippy Posts: 1,938 Forumite
    as i knew would happen finally got a response from capital one (minutes after i send a recorded letter to them !)

    anyway they state that the account is now with westcot credit services and all correspondence needs to go through them

    i still cant understand though why capital one have continued to accept my payments when they are now telling me the account isnt with them.

    do you think its worth going to the ombudsman?

    Hi,

    Yes, wait for the sar.
    The itch in my pants still says wescot are collecting only - basically cap1 can't be bothered to deal with it.

    The sar should show any noa's. Just see if they are absolute or equitable to wescot.

    Wescot err on the side of collection more than purchase in general.
    Happiness, is a Kebab called Doner.....:heart2::heart2:
  • still no SAR have sent yet another letter today to capital one (included telling them i am now charging them for my time this is the 6th request)

    anyway had a letter from nelson guest partners so,lcitiors today saying capital one have asked them to get involved the usual threats e.t.c

    i dont understand as westcot have agreed to my dmp and i have paid it last 3 months with no hassle

    jesus what to do now, my lowest debt giving me the biggest hassle by far

    thanks in advance
  • thechippy
    thechippy Posts: 1,938 Forumite
    edited 8 September 2011 at 10:40PM
    I think you now need to officially complain to the ICO about cap 1's failure of the SAR request.

    This lot really do seem to think they are above everything and all laws...

    In the meantime, I'd phone them and quite bluntly ask "who actually OWNS the !!!!!!! debt????

    Oh,

    And tell Nelsons to make the proverbial sexual move with a duck until Cap 1 reply to your SAR...
    Happiness, is a Kebab called Doner.....:heart2::heart2:
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