Cougar Financial and Capital One - Debt passed on to DCA - help please

TakingControl

Hello,

I have been in a payment arrangement with Capital ONe since 2009 and recently informed them via letter of change of address and that I cancelled my dMP with a fee charging company. They wrote to me that without signature (I didn't sign the letter) they couldn't change anything.

I rang them and changed everything with the operator and she gave me the account sort code and number and reference number to make an increased payment each month (as I financially stabilised). I increased the payment from £203 to £370 a month (my min. payment would be only £262 a month). This account is defaulted by the way.

Today I reived a letter from Cougar Financial Services asking for full payment or they might send a door stop collector or go for a CCJ.

The letter is dated 1st April, I made the new increased payment on the 31/03/2011 via fast payment:(

I guess first step is a letter to CFS that I only communicate in writing (had 3 calls today already but refused to give my details) and the credit agreement one (account was opened before 2007)? I assume this is correct?

Does anyone have the templates please?

Thank you

BigCraigJohn

Dont worry, as long as you are paying the amount monthly they will not take any action.
Its not actually such a bad thing going to a debt collector and tbh i'm suprised its taken this long.

Out of interest how old is the Credit card?

TakingControl

BigCraigJohn wrote: »

Dont worry, as long as you are paying the amount monthly they will not take any action.
Its not actually such a bad thing going to a debt collector and tbh i'm suprised its taken this long.

Out of interest how old is the Credit card?

Thanks but I am worried. I just spoke to Capital ONe and they confirmed the March payment of £370 on the 31/03 and they then passed me to CFS on the 1st April 2011 They also advised that they can't deal with the account now.

The card is very old, I would say at least 2007 if not earlier.

So, what would be my next step? I assume I should ring them? Or do I write to them with a 'Proof it'?

I am really stressed now, I cleared so much and I thought I am finally on the up

Culex

TakingControl wrote: »

I guess first step is a letter to CFS that I only communicate in writing (had 3 calls today already but refused to give my details) and the credit agreement one (account was opened before 2007)? I assume this is correct?

Does anyone have the templates please?

Like this?

Dear Sirs,

Account No: XXXXXXXX

Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me over the past few weeks and these have been duly logged by time and date. Should it be your intention to arrange a doorstep visit, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make such an appointment with you.

There is an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v Sheppard & Short Ltd [1959] 2 QB 384. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and, if you do so, you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

Yours faithfully
Sign digitally

Until they receive the letter, here's how to wind them up.

TakingControl

Thanks everyone. I could really do with some guidance how to approach this? I will continue to pay £370 a month but how do I go about -
a. Avoiding a CCJ
b. Continue with this arranged amount

I feel so low now

BigCraigJohn

Well you can certainly send a CCA request, this is your legal right to see a copy of the original agreement. If it was pre mid 05 you can be all but sure it is toilet paper.
Dont feel low, weve all been there and it is not nice, however you'll feel better for being in control. You are exactly how creditors and debt collectors want you ie scared to death. They have little real power without going to court.

If all you want is an easy life, just write to the DCA and tell them you will be continuing to pay the amount you were and could they please provide you with there account number and sortcode. Its important that you tell them what you will be paying and not ask as they will always want more. It took me 3 months to get dopey Moorcrofts details off them as every time I asked they wrote back saying I need to ring them.

Make sure when you write to them that you keep a copy of the letter, send recorded and print off the proof of delivery from the royal mail, get a folder and keep everything in it and dated. You are paying a massive chunk and providing you continue to do so they are unlikely to take further action.

TakingControl

Thanks, I just checked my credit report online and I started the card in 2003 so based on the little I know, they would have to provide the original credit agreement signed by me (not a copy etc) to be able to enforce this debt through the courts? Is this correct?

So today I shall send a letter asking for the CCA within 12 days. Should I just continue to pay to Capital One my monthly payment?

fermi

They are not obliged to provide a signed one under a CCA request.

However, if they provide a reconstituted copy they need to make it clear that they have done this to comply with the CCA request.

A debt can be unenforceable in 2 ways.

1) Failure to comply with a CCA request after 12 days. This is temporary, and can be rectified at any time by supplying a true copy. That true copy, as said, does not have to be an actual signed one.

2) Due to the fact that no signed agreement exists containing the legally required terms. This is under a separate part of the act to (1), so while a creditor may technically be able to comply with the CCA request, they could still be challenged in court if they don't have a genuine signed copy. That is something that sometimes isn't tested until things reach court.

So, by all means send the CCA request. See what you get back in reply?

If you get fobbed off, then there are other things you can do such as a SAR etc..

However, I would still keep up payments direct to Cap One.

CFS (really a company call power2contact) can be ignored unless they have actually legally bought the debt, which is unlikely.

Culex

What would happen if the "signed" agreement produced in court bore a signature that was markedly different from that of the alleged debtor? Could the agreement still be enforced?

(There is the tale, however apocryphal it may be, of an advisor or solicitor sending a CCA request to a DCA and receiving, by way of a response, an agreement bearing not the client's signature but that of the advisor or solicitor.)

fermi

Culex wrote: »

What would happen if the "signed" agreement produced in court bore a signature that was markedly different from that of the alleged debtor? Could the agreement still be enforced?

Depends on why the signature is different. If the debtor has changed their signature over time, then yes.

If not, then most likely not.

Culex wrote: »

(There is the tale, however apocryphal it may be, of an advisor or solicitor sending a CCA request to a DCA and receiving, by way of a response, an agreement bearing not the client's signature but that of the advisor or solicitor.)

That happened to a CAB advisor who posts on here.

I can't remember which one, or if the post is still even on the boards? Will have to have a hunt.

TakingControl

Thanks. Fermi - what exactly is SAR? Sorry for all these questions but this is the first creditor I have issues with and passed my debt on to CFS only a day after I made my last increased payment to C1? Everyone else has been really good.