Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)

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  1. #1
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    Default Capital Finance One Ltd - Problems

    Hi all.

    I unfortunatly have had some financial problems and as a result I have ended up struggling to pay Capital Finance One.

    I received the following from them yesterday (as its the first time ive managed to get my email):
    Dear X,
    Your repayment due to Capital Finance One Limited on 25/03/2011 with reference to your credit agreement is in serious arrears.

    Please call our collections team immediately on 0208 166 1470 to prevent further late fees.
    Your account is accumulating late repayment fees and interesticon as per your Credit Agreement.
    Tomorrow a further 25.00 fine will be added to your account.
    Your outstanding balance today is 571.25.
    We need to resolve this issue immediately.

    If you would prefer to transfer the funds directly into our account, or pay in the cash over the counter at your bank please use the following details.

    Important: Please put your Name and Date Of Birth as a reference on any payments so that we can easily identify them.
    CFO COLLECTIONS
    Now this morning I sent them a polite message stating that Im suffering from hardship atm:
    My appologies for not being able to contat yourselves prior to this, due to problems with my ISP access and other matters I have been unable to gain access to the internet.

    I am currently suffering financial hardship to the extent of looking to speak to a debt managementicon company as I gave no income comming in until end of this month (very low although a figure has not been provided), due to leaving employment.

    Can you please tell me what details you need from myself regarding a repayment planicon, and also what is to be expected as a repayment?
    Thanks
    NB CAN I PLEASE REQUEST ALL COMMUNICATION TO BE DONE IN WRITING
    They have instantly replied and im quite nervous about it:
    Thank you for your E-mail. Is there any way today you can make the Interest and fines payment on the account to defer the loan, this will save you a large amount of money in the long run. If you cannot do this, as the account is in Default, as per your contract fines and fees will be applied to the account until the balance is settled in Full. You will also receive daily calls/texts and E mails chasing the Debt. After a period of 33 days of being in default the debt will be passed to our door to door collections team. They charge their own fee which for the debt recovery which you will be eligible for paying. We suggest therefore that you try and at least make the interest payment to defer the loan to avoid this. We can also take a payment from your debit/credit card or if needed from someone else credit/debit card who may wish to pay on your behalf.

    Please fill in the following if you wish to make the payment for the Interest today.
    Long Card Number
    Valid From
    Valid To
    CVV
    The door step collections bit is scaring me, I thought that me contacting them to arrange payments etc would help - but looks as if i am wrong - is there anything i can do?


  2. #2
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    Default Re: Capital Finance One Ltd - Problems

    Hi,
    Those fees and charges can be reclaimed so don't worry too much about that.

    Email them this letter:
    http://www.consumeractiongroup.co.uk...DOORSTEP-VISIT

    If anyone turns up, give them a copy and tell them to go forth (or other suitable language you choose)

    Use the letters in this link to negotiate with them

    http://www.consumeractiongroup.co.uk...want-Look-here

    DO NOT phone them-ever

    If you are asked to deal with any matter via private message, PLEASE report it.
    Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

    Do you need debt advice? Check this out
    http://www.consumeractiongroup.co.uk...ts#post3625082


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  3. #3
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    Default Re: Capital Finance One Ltd - Problems

    Is email applicable or should i do it via post?

    Oh and would I be able to request the CCA or is that by the by - (could give me abit more time to get funds etc)


  4. #4
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    Default Re: Capital Finance One Ltd - Problems

    If you can do it by post, I think that is the way to go but I always say, send by recorded delivery as you then have proof they have received your letter. Sometimes email can disappear. If you want to do it via email, get a read receipt.

    If you don't have all your statements then I would suggest a SARicon to them (I'm asuming this is a loan)
    You could CCA them but nowadays that doesn't achieve too much unless they haven't got anything to tie you to the account (unlikely)

    That email they sent was designed to scare you. Offer them what you can afford, no more-no less. I would imagine they have already screwed your credit file so what else can they do to you-nothing without going to court.

    If you are asked to deal with any matter via private message, PLEASE report it.
    Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

    Do you need debt advice? Check this out
    http://www.consumeractiongroup.co.uk...ts#post3625082


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  5. #5
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    Default Re: Capital Finance One Ltd - Problems

    This lot are just a bunch of bullies - saying that they are probably a cpl of men in an office wearing dresses... the emails are a way of them showing some form of masculinity!!


  6. #6
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    Default Re: Capital Finance One Ltd - Problems

    These are the worst of the worst cowboys and having had dealings with them i feel for anyone in this mess. Now from experience keep emailing your offer of repayment. Dont pay them anything till they agree to it. They send you charges via email everyday to scare you and bully a payment from you through fear of an ever increasing debt dont be fooled. If that fails wait till they will start sending discount offers on the debt.


  7. #7
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    Default Re: Capital Finance One Ltd - Problems

    ads-uk,
    haha dont be worried by their empty threats, they will do no such thing as what they threaten to do, I keep emailing them my repayment planicon, they have told me they will reject my repayment planicon but have given me their bank details if I want to make token payments!!! , so I have set them at 10 pounds a month by standing order to the bank account I have pasted below. I will pay what I owed when I first contacted them with my repayment plan, and not a penny more. If you make token payments of 10 a month, they cant send anyone to your door. 1- Its illegal anyway without a court order 2- They cant get a court order if you are paying (even at 10 a month) .

    Bank details are as follows:
    Natwesticon:
    a/n: 14203995
    s/c: 601801
    ref: Your Name


  8. #8
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    Default Re: Capital Finance One Ltd - Problems

    Also, the emails they have sent you are the same ones they have been sending me daily for weeks now, Its all generic rubbish which they wont act on. Dont let it worry you, I barely read them anymore.


  9. #9
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    Default Re: Capital Finance One Ltd - Problems

    After a while they get bored and pass to DCAicon. They used to use Phillips (and they are easy enough to see off). They don't as yet take people to court so they will have to be reasonable in the end.


  10. #10
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    Default Re: Capital Finance One Ltd - Problems

    Email recieved today (Easter Sunday??)
    Your repayment due to Capital Finance One Limited on 25/03/2011 with reference to your credit agreement is in serious arrears.
    We have today authorized Philips Home Coll to proceed with the collection of this debt. Their fees will be added to your account accordingly.
    Capital Finance One will however be taking the relevant steps to enforce legal action over the coming weeks unless immediate payment is made.
    If you wish to contact Capital Finance One to discuss this outstanding balance please call 0208 166 1470 and speak with our collections department.
    Your outstanding balance today is B#767.50.
    What do I do now, have they sent it to a doorstop collection company?


  11. #11
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    Default Re: Capital Finance One Ltd - Problems

    Argh the same old threatogram to scare you into giving them something you simply dont have. Until you find employment can you afford to send a token 5 pound or 10 pound payment per month ? . Listen they can not have the money theyre demanding. Youve informed them of the dire financial siuation you have found yourself in. That small bit of money you going to need to live, eat etc. They are not a priority debt so they can shout and scream but for gods sake dont be bullied. No one can come to your home or take your property unless a judge ordered it but keep your emails keep sending them a token offer .


  12. #12
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    Default Re: Capital Finance One Ltd - Problems

    what is priorty debt? I have a car on HP (its sorn, as it needs at least 1500 to fix it but HP company aint playing ball) is that a priority debt?


  13. #13
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    Default Re: Capital Finance One Ltd - Problems

    A priority dedt is rent/mortgageicon food gas elc water tv licence and others a loan secured on an item ie the car cap oneicon are the last non priority debt


  14. #14
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    Default Re: Capital Finance One Ltd - Problems

    In-trouble has got it slightly wrong - they CANNOT send a doorstep collector round at all - the doorstep collectorsicon have no powers, are on commisison basis salaries and therefore are as aggressive as the commission is high (or low). They cannot contact you at other addresses either which is another of their fruitless threats.

    The token offer can be as low as 1 if it gives you a breathing space to pay of another lender.


  15. #15
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    Default Re: Capital Finance One Ltd - Problems

    been sending them endless emails of 10 a month to both the customer service email (as a reply) and someone called carlly mcquellin who claims to be MY account manager (despite different people claim this on the phone)


  16. #16
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    Default Re: Capital Finance One Ltd - Problems

    Keep doing this , your doing your best. Keep all copies of emails. If you run short use the letter as short term toilet roll


  17. #17
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    Default Re: Capital Finance One Ltd - Problems

    sent them this and the carly woman:
    YET ANOTHER EMAIL AND phone callicon / TXT MESSAGE FROM YOURSELVES. As previously stated to a number of people at CFO. There is no further paydates as I am now out of work.
    I can only afford 10 pcm – this is the best off I can do – I would wish to go this route than dealing with a debt managementicon Company.
    I notice how you have now instructed “Phillips Home Coll” please NOTE my attached email – WHICH WAS RECEIVED BY YOURSELFS REGARDING DOOR STEP COLLECTION.

    In ADDITION to the attached I have also sent emails on the 12th 13th 14th April which have all gone UNANSWERED, and to the ones sent to a Carly McQuillen.
    Please tell me as to why you will not respond???
    Regards,
    I did attach previous email about recinding doorstep visit - should i contact this doorstep agency on tues (cos of bank hol) and send them the same info?


  18. #18
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    Default Re: Capital Finance One Ltd - Problems

    Hi,

    I havent visited the forum for a while and hope you dont mind me "hijacking your thread" but as you are in the same boat as me I recieved the following email in regards to offering them a payment plan. Im assuming it isnt true what they are saying on the email in regards to the door step collections or Penalty charges??

    Hi Craig,

    Unfortunately we are unable to set up a payment plan for you, but you do need to make payments towards the account of what you can afford to help bring the balance down. Due to late payment you have to expect to pay some kind of penalty whether you have advised us of your situation or not but if you co-operate with me I am willing to negotiate about some of the fines on your account but I need your commitment and a payment to enable me to do this.

    In regards to door to door collections, they are eligible to visit your address and do not need any permission or warrant to do this. We are able to use our door to door collections team and they are more than eligible to try and recover the full balance for us, and add on their own additional fees for making the visit. It is up to you if you want to co-operate. You have provided your work number as a contact number and we are eligible to attempt to contact you daily on all numbers you have provided to try and recover your debt. As you have an outstanding balance with us we have every right to do so and until an arrangement is made that is suitable for both of us or we receive the minimum payment (interesticon) we will continue to contact you on all numbers provided as part of collections process.

    Kind Regards

    Nicola Coleman

    Nicola Coleman

    Total Claim 956

    21/11/06 - Letter sent demanding charges back
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  19. #19
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    Default Re: Capital Finance One Ltd - Problems

    Get that email to the OFT and Trading Standards IMMEDIATELY, they are grossly inflating the debt, they CANNOT let the doorstep collectorsicon charge 'their own level of fees' and they CANNOT send them round at will, completely breaches the OFT guidelines on debt collection.

    Get the complaint in pronto.... they are way way out of line here, you have been trying to negotiate with them but they do not want to know.

    COMPLAIN COMPLAIN COMPLAIN


  20. #20
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    Default Re: Capital Finance One Ltd - Problems

    Thanks, I shall get that sent to them tomorrow. My orignal debt was 270 which i owed them, since none payment it has gone to over 550, ive never once ignored the debt as im sure a lot of people havent, they just dont respond to emails, are they allowed to add such high fees, or penaltys as they call it??

    Total Claim 956

    21/11/06 - Letter sent demanding charges back
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