debt collection

kelsea97

Anyone had dealings with rogue debt collectors?? made an arrangement to pay back £20 a month, on fri of last week they cleared mt bank account. Now everytime i call they put on silly voices, and basically take the mick out of me!! I have been to the police today, but there is nothing they can do. I have called the bank..nothing they can do. Help!!!! Im not sure who to turn to next. The original loan was with Capital Finance One, who claim to have passed on the debt to a collections agency, but the transaction on my bank statement is to Capital Finance One?? They refuse to let me have there address, or even company name. I have never received any letters from them, they contacted me on my mobile.

fatbelly

And you gave them your debit card details?

What proof do you have that the arrangement was to pay £20 per month?

kelsea97

none unfortuatley,,,i do have proof that they offered me a refund of 375 as a good will gesture. I accepted, and am still waiting. I called them today and he said, mockingly, refunds?? we dont give refunds here luv, you must have come through to the wrong number, then he hung up. I have an answer phone message to say that the funds would be back in my account last fri by 5pm..

ihateyes

Capital Finance One are scum.... cancel that card as lost and get a new one. report the to the OFT as they arent allowed to do this. maybe soon the OFT will be revoking their license!!

Apples2

kelsea97 wrote: »

I have been to the police today, but there is nothing they can do. I have called the bank..nothing they can do. .

This is the reason nobody can help you

You agree to pay Us the Total Amount Payable on the Payment Date, and You grant us permission to debit that sum from any Account that you have provided to us either before or after application, using either a cheque or debit card provided by yourself, or a standing order set up by yourself at our option. You are responsible for ensuring that any Payments sent to Us by post reach us in time for the funds to be paid into your account and clear on Your account by the Repayment Date. Please note - there is a possibility that taxes or costs may exist that are not payable by Us or imposed by Us.
All sums owed under the agreement shall become due and payable immediately upon us giving notice if:

1. Any sum due is overdue by more than 1 day; or
2. You have provided us with any false information when you entered into this agreement; or
3. A statutory demand is served on you or any other steps are taken by you or any other person to make you bankrupt.

• * Interest on any overdue amounts will be charged at 39% per 30 day period or part thereof, commencing the day after payment became due under the credit agreement, until the day your account is settled in full (including both before and after any judgment has been obtained against you).
• * You authorise us to collect any monies owed under the Agreement from any debit card account of which you have supplied details to us. We may make these attempts as frequently and at any time we choose while there is an overdue balance on your loan account, up until the time where the total amount collected equals the total amount owed. At this stage it will be deemed that your loan has been fully repaid. We do not have to give notice of these intended collection attempts.

http://www.capitalfinanceone.com/termsandconditions.aspx
They have done exactly what you agreed to.

If you have your agreement in writing you may have "some" recourse.

N.B. Nobody will dispute they are scum, with those T&C's it's incredible anyone would sign up and agree to it.

Curr946

Apples2 wrote: »

This is the reason nobody can help you

http://www.capitalfinanceone.com/termsandconditions.aspx
They have done exactly what you agreed to.

If you have your agreement in writing you may have "some" recourse.

N.B. Nobody will dispute they are scum, with those T&C's it's incredible anyone would sign up and agree to it.

Sounds like unfair T&C's so therefore under FSA rules, unenforceable. But getting your money back it unlikely. :eek:

KingElvis

If that money comes back I'll glue my head to the carpert.

They've simply done what's allowed under the conditions you signed.........I'd love to work for that company if you get to do Kenneth Williams voices at the punters who've been cleaned out for not keeping their word.....OHHHHHH MATRON

kelsea97

So basically there is absolutley nothing i can do??

NowWhat?

I had a loan with Crap Finance One.
They are still trying to take money and are now sending me final demands even though I have bank statements to prove they were paid on the dates specified.

Capital Finance One
Copper House, 88 Snakes Lane East, Woodford Green, Essex IG8 7HX

Read through the posts on the consumeractiongroupforum Payday Loans section

You will see that they are a really crap company to deal with.
Also read some of the other threads on there for other peoples experiences.

This site is great for getting a general insights and help but the CAG is a bit more informative.

Also check the OFT guidelines of collections as they contradict what CFO are saying

ged1980

KingElvis wrote: »

If that money comes back I'll glue my head to the carpert.

They've simply done what's allowed under the conditions you signed.........I'd love to work for that company if you get to do Kenneth Williams voices at the punters who've been cleaned out for not keeping their word.....OHHHHHH MATRON

Do you know why the OP could not keep up payments?

Does everyone know not to give details over the phone without having it in writing?

The OP came for help not your silly remarks

magpiecottage

You can complain to them. It is best to do this in writing including the date on your letter and get proof of posting (free from the Post Office). Keep the proof of posting and a copy of your letter.

Under the Consumer Credit Act 2006 they then have eight weeks from receipt to get a response into the post. It will take a couple of days from sending the letter to them receiving it and a couple days for it to go back through the post to you. So realistically you are probably going to have to allow them to the end of the first week in January.

If you do not hear from them by then - or you are not happy with their response - you can go to the Financial Ombudsman Service, free of charge. You need to download this form, print it off, sign it and put it in the post. Keep a copy. If you never received a reply from the firm send a copy of the letter you sent them. Also send the proof of posting if you have not heard back because the Financial Ombudsman Service will then deem your first letter to have arrived two working days later (i.e. send it Friday and it have been received on Tuesday).

Make very clear that they have taken funds that you need for essential living expenses and that their staff have compounded your distress by mocking you.

The term "essential living expenses" is significant because the FSA's rules prevent banks taking funds required for this - it is called a "subsistence balance". Although this creditor is not a bank and not bound by FSA rules, the Financial Ombudsman Service is likely to use this as a guide to what is fair and reasonable.

The point is that you are not unwilling to pay more but you are unable to pay more.