Capital One - reclaim now or start paying?

[jo5ephedward5]

hi i have a credit card with cap one - its 2.5 times over its limit cause i missed a payment 7 months ago and happened to move house at the same time.(without telling them!)

 

before i moved i sent off for DSAR info and it came, then i moved and forgot all about it.

 

last month i wrote to captial one informaing them of my change of address (i know a bit late) and asking for all missing statements from the DSAR to date.

 

bottom line is my card is over its limit by 2.5 times (all charges) and with previous charges from last 2 years inc the recent over limit charges i could clear the ballance...

 

...the thing is they are demanding i pay the part thats over its limit and then pay via diret debit for the rest, if i fail by the end of this week then they go to debt collection - i'd rarther not do this as i hate debt collectors!

 

can someone please advise me of how to takel this now - do i just send the prelim? also if i do this will the acount go into dispute thus hold of the debt collection?

 

all help greatfully recived

 

i cant get through to anyone english to discuss this with at Capital One either as you need to put in you're account number which automatically takes me to someone who will not discuss it unless i pay or promise to pay - when i requested the statements they said i have to call as thats how they deal with it - i like stuff in writing!

[ncf355]

I'd be inclined to send them a s78 CCA request

 

That way they have to supply a copy of the original agreement within 12 working days (and chances are, what they do supply wont be worth the paper its written on )

 

 

If they dont supply it, or the document doesnt meet requirements you can legally stop payments anyway

 

But I would also do another S.A.R - (Subject Access Request) for the remaining statements, that way its via a law they cant evade rather than you just asking nicely

 

If the debt is made purely of charges and interest on that, they would be very, very stupid to send a DCA after you!

[WendyB]

Tell them you can't afford to pay all in one go, and arrange a payment plan with them that you can realistically afford. Once you agree a plan this would normally stop further charges being added.

 

Send the Prelim (presume you have details of all charges to date). They are usually quite quick in replying. They'll offer you a silly amount to start off with, which they may put straight onto your account. Then send LBA, they won't offer any more, so you'll probably end up filing at Court, but then they usually say they'll defend then pay up before they put the defence in.

 

Crap One are usually quite sharp with passing you onto a DCA, but even if they do this you can still reclaim the charges.

[jo5ephedward5]

sorry should have said - i have now got the rest of the statements - they just show £12 late payment, another £12 over limit charge and then interest on top for ever month sinse i stopped paying.

 

i'm not sure a CCA is much use - i'm not disputing the account - i just want the action to stop whilst i try and eaither get a refund or arrange a payment plan firth then claim - obviously i'd rarther just try claiming

[WendyB]

As long as you don't pay them, they'll keep on, letters, phonecalls, etc, possibly a default, which you need to avoid if at all possible. Thats why you need to arrange a payment plan or do a CCA request.

 

Chances are that if you send in a Prelim today, they'll reply next week sometime, and probably whatever they offer you, which would probably be the diff between £20 and £12, ie £8 for each charge, plus a bit of interest, they'll credit straight onto your account without asking you first. You can work out the figures yourself, would this bring you below the limit? Then you can LBA them for the rest of it, as a partial acceptance, cos once they've credited it to your account, they won't take it off again, if you see what i mean.

[jo5ephedward5]

i think i will do that - prelim now in post, that should bring me just within my limit and i have also send an offer to them along with a token payment so hopefully this will get me back within my limit soon but show payments going into my account in the mean time

[WendyB]

Hope it all works out, no guarantees on what i said above, but can only go on their previous form.

 

Good luck!