Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
I have got a Capital One credit card which has now been passed over to some company called Debit House. One of the guys I spoke with advised they are part of Capital one but i cannot find any information about them.
The overall debt I owe is £512 they are pressuring me to pay the full amount within 4months, they have also advised they are holding the charges and interests just now, but my suspicion is they have bought the debt off Capital One.
I have now created a payment plan of 30quid but it took some doing as they were hounding me for more a month!
Going back to when I first got the card I am sure I didn't sign any credit agreement I am know going to ask for a copy this of. What grounds do I have if they don't have it?
If they genuinely don't have an executed agreement (ie signd by you and in the correct format) then they cannot enforce the debt. We do not support the idea of people avoiding their debts but you should take every opportunity to hassle these people and put them on the back foot.
Write to Cap 1 and tell them you want a copy of the executed agreement and statement of account including all charges, paymenst and balance. Tell them the request is under s78(1) of the Consumer Credit Act 1974 (as amended) and that they have 12 days in which to reply. Enclose a postal order for £1 (the statutory fee under CCA 1974).
That should rattle the cage a bit. After 12 days (+2 for postage) let us know what they send you. If they fail to reply adequately then you can put the account in dispute and they cannot enforce the agreement (s78(6) of the Act). This has several effects -
1. Debit House have to return the debt to Cap 1
2. They cannot ask for any payments
3. They cannot add any charges or interest
4. they cannot give any information about thet account to any third party, including CRAs.
THis state of affairs lasts until they come up with the goods. If that takes tham longer than 1 month, they commit an offence (also s78(6))
Steven
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Capital One/Debit House Credit card
credit card which has now been passed over to some company called Debit House. One of the guys I spoke with advised they are part of Capital one but i cannot find any information about them.
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Originally Posted by jay622
