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

fermi

SAR = Subject Access Request.

Basically a request under the Data Protection Act requiring a company to send all the info they hold on you. Including a signed credit agreement if it exists.

Costs £10 to do though, and can be a real pain in the bum getting them to properly comply.

TakingControl

Thanks Fermi, I guess the CCA is the first step now then. Do you have a template by any chance?

fermi

TakingControl wrote: »

Thanks Fermi, I guess the CCA is the first step now then. Do you have a template by any chance?

http://www.nationaldebtline.co.uk/england_wales/page.php?page=getting_a_copy_of_your_credit_agreement_and_account_details

Send with a £1 postal order by recorded delivery.

TakingControl

I assume I make the postal order payable to CFS?

Culex

fermi wrote: »

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.

Please do.

In particular, I would like to know if that agreement was enforced or if any sanction was applied to the DCA for having uttered a forged or counterfeit document.

At one time, the penalty for petty treason (which I believe that would be) was to be burned alive; the softer penalties applied today may explain why DCAs do what they do.

TakingControl

Send the CCA request recorded delivery today So far I had 4 calls from mobile and 0208 number and 3 text messages to my mobile. I did include in the CCA request to stop calling and that I will only deal in writing with them. I give it until tomorrow PM and if I receive further calls etc, the harrassment letter gets send.

Thanks for everyone's help, I keep you posted on the outcome of the CCA request

fermi

TakingControl wrote: »

I assume I make the postal order payable to CFS?

At this point, yes.

CFS may say that you have to send the request direct to Cap One. In theory that is wrong, but if they complain it may be as well to do that to cover all bases.

TakingControl

Thanks Fermi, your advise is much appreciated.

TakingControl

My CCA request including my request to only communicate in writing was delivered today and so far I had 3 calls (1 from landline and 2 from a mobile number) which I let go to voicemail. :mad:

How long should I give them before sending the phone harrasment letter?

now

TakingControl wrote: »

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

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=03_harassment