Please could I get some advice regarding an old Capital One credit card debt.

In 2008 I defaulted on all my credit card debt due to loss of job etc. (8 different cards).

I initially buried my head in the sand, but eventually I got myself back together and set up payment plans with various DCA's.

These are on-going, but

I never heard from Capital One and just left it.

Around six years later (last week) with no contact either way,

I hear from Lowell Portfolio asking for the balance to be repaid (~11.5K).

I am unsure as to the exact date I stopped making repayments or acknowledged the debt,

but I am pretty sure it must within a few months of being 6 years and therefore potentially statute barred.

Please could you advise as to the best course of action.

How do I find out when I last made a payment, and will any contact count as acknowledgement of the debt.

Many Thanks

your credit file should tell you that.

I hope you sent CCA request to every DCA you are paying?

to ensure they are legally entitled to fleece money out of you?

don't forget reclaiming of PPI/PENALTY charges too.

a DCA is NOT A BAILIFF

and has

NO SUCH LEGAL POWERS

no matter how many automated threat-o-grams they send.

dx

Thanks,

Will my credit file go back that far?

What should I do if it is somewhere around five and a half years?

Try and wait it out till it goes over 6 years?

Will they not try and take me to court before the 6 year deadline?

I haven't CCA requested them.

Should I do this?

One of them went to court when I didn't pay and a payment plan was set up via a CCJ so I know that was legit,

and I don't really want that to happen to the rest of them.

go get your credit file and findout.

so someone got a CCJ on one?

who was this and when?

and did you defend it?

dx

Is it best to pay on-line and get my credit file from there, or is there another way?

It was HFC (formally Marbles CC) and was in 2011 and through Restons solicitors.

HFC produced all the docs on request, they then got second charge on my flat.

Have been paying every month since.

Agreed on 1% of balance per month for 9 years.

At the time, things were very chaotic and I just re-acted to each problem as it came up and didn't have any sort of plan.

Now, a few years on with some clarity and in a better situation, I would like to sort out all the issues,

but there are a few lose ends like the Capital One debt that has just re-surfaced.

capital one thread?

noddle is free see below

dx

Thanks, Am in the process of getting the report, and will get back to you then.

Well I have got my credit file.

It makes an interesting/bad read.

The capital one debt is not even on there anywhere,

and I have carefully reconciled everything else.

There are a few other small debts from Payday loans I took out ages ago that were settled (agreement of lump sum payment etc)

but are still showing as a balance and in default.

The balance has been constant for at least a couple of years.

There is also a £5 debt to o2 that I have no recollection of.

Also the payments I am making via DCA are being reflected on there,

but there is one where I am making no payment,

but the balance is still going down at six monthly intervals.

Please could you advise the best way of cleaning this all up

and also what to do about Capital One.

Many thanks

Is it best to pay on-line and get my credit file from there, or is there another way?

 

It was HFC (formally Marbles CC) and was in 2011 and through Restons solicitors.

 

HFC produced all the docs on request, they then got second charge on my flat.

 

Have been paying every month since.

 

Agreed on 1% of balance per month for 9 years.

 

At the time, things were very chaotic and I just re-acted to each problem as it came up and didn't have any sort of plan.

 

Now, a few years on with some clarity and in a better situation, I would like to sort out all the issues,

but there are a few lose ends like the Capital One debt that has just re-surfaced.

did you ever send HFC an sar and reclaim all the insurances and PENALT charges.

pestons/HFC do many people over

shame you didn't find us earlier

dx

CCA request time then to lowells

To be honest,

I can barely remember what happened with regards to the CCJ.

I was under a lot of stress and was just concerned about not losing my property at the time,

so just went with whatever would allow this to happen.

I was advised by an IFA or similar that the paperwork was in order

and I had to pay (they did write a letter to HFC at the time asking for the agreement).

What would the ultimate goal of sending a CCA out be?

Is it not on my credit file because it is too long ago?

Will this not be acknowledging the debt?

And do you think I should send CCA requests to all the other DCA's??

Apologies for all the questions, but I am not really sure what the process would be to sort all this out.

I ultimately want to repair my credit file and settle/payback the debts that I have to,

but I obviously don't want to be shovelling money down a black hole if I don't have to.

Thanks again.

any debt that is not on your credit file is not harming you.

dx

Now its been assigned to Lowell, can it go back on my credit file? So If Lowell keep chasing me, how do I stop them?

I would suspect the account was defaulted more than 6yrs ago

so has been removed never to return.

CCA requests are your priority here me thinks

Thanks. Would you advise I do this to all of the other DCAs as well? What would the next step be then, assuming they return the agreements?

yes everyone you are getting fleeced by.

just remember bank account OD, and mobile debts are not covered bythe CCA. so no point..

you are assuming they'll have agreements..

...you are in for a shock!!

dx

Thanks for your help, I will do this, what happens if they have no paperwork then? There is one that I haven't paid for 2 years and have not heard anything. Is that why probably?

If they have no paperwork or they do not reply within the statutory timeframe, stop repayments as the account will be disputed. Dont chase them up. You send a legal request for the paperwork and they havent supplied it. Thats their problem, not yours. Although most DCA's will try and say it doesnt matter.

ok, thanks. I understand, but ultimately I need to work towards a clean/normal credit file, so even if they don't have any paperwork, and I stop paying them back, will I not just get chased by DCA's and have this on my file for ever more??

nope

makes no odds the debt vanishes from your CRA file on the defaults 6th birthday PAID OR NOT.

ok doesn't mean the debt is not necessarily 'owed'

but without an enforceable CCA

all they can do is ASK

they cannot enforce it via a court.

you need to start reading around like threads

dx

Thanks,

I will read around,

but , if they don't have the paperwork,

it will disappear from my file after 6 years without me doing anything else?

Is there any point sending a CRA to Lowells/Capital One when it is not on my file already?

nothing to do with paperwork or not re the cra / 6yrs

read my last post again please

yes you need to send whomever is after money a cca request regardless

As a follow up to this,

I have sent off a CCA request as advised, have not received a response.

Previously the debt was not appearing on my credit file, it has appeared on my file now.

It is stating a default date of June 2009, there are no other details.

The first red D on the credit report is showing as August 2014 all other years are blank.

Please could you advise what I should do.

I don't think I have acknowledged this debt for very close to six years.

Thanks

sar time to cap1 then.

you need to confirm when cap1 defaulted you

typically just before they sold the debt I suspect.

it has been known for DCA's to change the defaulted date, they SHOULD NOT.

if any of the CCA requests do not produce an ENFORCEABLE CCA within 12+2 working days

you should stop payment to that debt if you are making them.