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

inamess_man

thanks culex

still no reply its been six days since they received the letter (been signed for)

how long shall i leave it before chasing them up? i presuming they have read it as without fail i am just getting one phone call a day all week and the odd text message

thanks again for any help

inamess_man

with regards to the cca im not disputing the debt just trying to pay it off with my offer to the dca

is it still worth my while sending this request if so does it get sent to capital one , cougar solutions or both?

thanks agaibn

fermi

Some credit card companies get a bit 'narky' if you request a copy of the CCA, but it is your legal right to do so.

You don't need to be disputing anything.

You also ask for a statement of account with the request, which is a useful thing to have.

The request goes to whoever is asking you to pay.

If CFS baulk and return the account to CapOne, then you may have to resend to them, but wait and see first.

Culex

fermi wrote: »

Below is a copy of the Consumer Credit License details for power2contact.

Clearly shows that Cougar Financial are one and the same people.

And they're both run by a Leach - or a leech?

inamess_man

they are definitley a leach to deal with thats for sure cul

thanks again fermi

any direct links to how to ask for this from my good friends at cougar?

inamess_man

and btw no reply to my email to the oft about the letter stating they were seperate agents yet

fermi

CCA request.

To be send by recorded delivery with a £1 postal order.

Dear Sir/Madam

Re account: xxxxxxxx

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974.

I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

You are also obliged to proved a full 'statement of account'.

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77/78 will apply.

If it is your view that you are not the creditor but only acting for them, s.175 of the CCA 1974 applies and places a duty upon you to pass this request and fee to the creditor.

In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

We look forward to hearing from you.

Yours faithfully

eyeopener2

This is what happens when you fight back. They hate it when they realise you know how to deal with them and its all power to your elbow when negotiating payments, etc.

You may find they start being all nicey, nicey to you. Be careful if this happens cos its just a ploy to make you drop your guard.

Just hang fire now and await a response from them. Try not worry about what may happen, it doesn't do you any good. Just deal with things as they happen. As you can see from the advice received on this thread, a lot of people know how to deal with these clowns.

E2.

Culex

inamess_man wrote: »

with regards to the cca im not disputing the debt just trying to pay it off with my offer to the dca

is it still worth my while sending this request if so does it get sent to capital one , cougar solutions or both?

As Fermi wrote, it is your right under the Consumer Credit Act 1974 to have a true copy of the credit agreement. Now, because of the twisty ways that lawyers' minds work and the way that they try to skin a fart, a true copy does not necessarily mean a photocopy of the original - it can be a reconstituted true copy containing those parts of the agreement you actually signed.

So much for trying to enforce Plain English in legal terms!

By asking for a copy of the agreement, you are not challenging the right of the creditor or their annoying agents to be paid, but you may be determining how easily they could enforce the matter through the courts; without a copy of the agreement, they might find that rather difficult.

By not replying to your settlement letter - or your revised settlement offer - they are trying to make you nervous. If you have sent a letter telling - not asking - them to cease and desist from contacting you by telephone yet still they persist, it may be worthwhile to send them another and, should that fail to stop the calls, to report them in person at your Trading Standards office. Do not telephone, as you'd probably be transferred to the decorative and ornamental Consumer Direct which, as a "service" provided by the (hibernating) OFT, is about as much use as an ice teapot.

Culex

inamess_man wrote: »

and btw no reply to my email to the oft about the letter stating they were seperate agents yet

There won't be!

Having been briefly aroused from its slumbers by the matter of excessive bank charges and been forced to run a "test case" (1) to protect itself from the allegation of having done nothing and (2) to protect the banks' "right" to levy such charges as they see fit, the Office of Faffing and Twaddling has since resumed its hibernation cycle.