Capital One

[Misterzeus]

Good morning all, Mrs Z here.

 

I have started a fresh thread as I think Capital One is getting ready for its next victim.

 

 

Yesterday Mr Z received two letters from Capital One, one states that the repayment plan is due to end * Feb 08, their letter was dated *Sept 08 – what a joke, they’re only out of date by 7 months!

 

The other letter dated the same day is asking for another I&E. They want copies of bank statements, wages slips etc. I’m sure that I have read that only a court can demand to see this kind of proof.

 

For obvious reasons, Mr Z does not want them getting hold of his work details, or for them to know we have a mortgage, I’ve read that it’s best to list the mortgage as “housing costs” to prevent them using this against him – negative equity anyway, in fact, probably more so now, due to the credit crunch.

 

Any ideas what we can say to them?

 

All advice/opinions very welcome, thank you

 

Regards Mrs Z

[eastendboy]

You're right Mrs Z, only the court can demand things like you have listed. Tell them to bog off!

[zazen.warrior]

Have you CCA'd them ? Capone simply don't have enforceble Aggrements.

[Misterzeus]

Thanks eastendboy - that's good news

 

Thanks zazen.warrior Do you think that Mr Z should CCA them then? Should this be in place of replying to their letters?

 

With other creditors, we have waited until they pass us over to a DCA before requesting a CCA (this is only done when the debt is disputed due to excess charges and suchlike).

 

However, Capital One are guilty of that too, so have no qualms about going down the CCA route if necessary.

 

Thanks again, Mrs Z

[zazen.warrior]

Yes I would CCA them tommorow by Special Delivery - it's the only way to ensure they get it!

 

I wouldn't make any other response.

[Misterzeus]

Thanks again zazen.warrior, will get it prepared ready to send.

 

Regards Mrs Z

[citizenB]

There are quite a few threads regarding Capital One's belief they are entitled to request these documents Mrs Z. Well they can ask, but you have no obligation to send them.

 

Here's a nice letter if they continue to badger you.

 

*************************************

 

"Having taken advice from CAB and National Debt line I discover I am not obliged to send you financial documentation ie bank statements/payslips and you have no legal right to request these either.

 

I am very disappointed that we seem unable to reach a satisfactory compromise in this case. As I have already explained to you, I can only afford £xx.00 per month at the present time and feel that it is pointless paying this amount to you only to see the debt increase. I invite you therefore to sue me through the court for this debt, when I shall have the opportunity of offering £XX.00 per month through the courts.

 

In addition, once judgement is granted I understand that further interest will be suspended in any event. It seems that I can only achieve a reasonable outcome to this matter by allowing the courts to decide, although this will involve us both in extra expense and time wasted with court proceedings.

 

Meanwhile the offer of £XX.00 per month plus suspension of interest is of course still open to you.