CApital One default repayment and charges advice please.

[Chaoshome]

Re: Dispute with Capital One

Good Morning, I am writing my first post here now, and as i am unfamiliar with all of the legal bumfph I am hoping that someone here wil be able to help me.

I have had my card since ( i think ) 2003/4

I have had periods of not being able to pay the required amount on time, but have mostly kept up with it, maybe a little late.

 

The Credit limit is 3000, I owe 3400+ mostly in charges, I have not used the card in months ( years) and have not been able to pay full balances since begining of this year, have made token £50 or so payments when I could. In the past I have cleared whole balance once.

I am self employed hence in lies the cash flow problem.

This week i have been issued a default notice, and have been passed to SLT ( SLC) I spoke to them this mornign and got no joy ( they want 171 per month which I do not hAVE.

 

I do not wish to duck out of paying what I have spent but want to know if there is a way of not paying back the excessive charges. ALso am I heading for court now as I cannot meet thier monthly demand.

 

I have not kept all the correspondence ( a case of being an ostrich iam afraid) I feel physically sick and can't remember the last night I slept properly.

Could anyone give me a 1, 2, 3, action guide as waht I can do now and how I can sort this situation out.

 

( I did make a payment offer to Captial ONe and filled in an income and expenditure form, the first they lost.....and the second carbonated copy i sent them arrived after the default date.)

 

Hoping that someone can help me with my rights and actions from here on in.

 

Thank you in advance.

[maroondevo52]

Hello and Welcome,

 

You can ask whoever is dealing with your account for your CCA.

 

I'd re-claim the charges, credit cards have nothing to do with the Bank Charges 'test case' so you will find Cap1 usually pay out when you file court papers.

 

You will first have to total up your charges and send Cap1 a prelimery letter with a spreadsheet of the charges, asking for the charges to be refunded.

 

If you do not know the total charges on the account, you can send Cap1 a Subject Access Request for this information.

 

They then have 14 days to comply, if not you then send a Letter Before Action, giving them another 14 days, if no joy, you file a Court Claim against them.

 

There is a letter you can send to whoever is dealing with your account, informing them you are disputing the charges on the account and they should stop any further action against you.

 

As you have said you do not want to duck out of paying, I think this is the way to go.

 

Regards.

 

Scott.

[Chaoshome]

Thank you Scott have just written the first letter.

I am so glad that I found this site.

 

Are you saying by the way that I may not have to pay back the rst of money?

 

ChaosHome

[maroondevo52]

No, they will more than likely use the refund to reduce the balance, then you can work out how to pay the remainder, at a rate that suits you.

 

Regards.

 

Scott.

[IdaInFife]

No, they will more than likely use the refund to reduce the balance, then you can work out how to pay the remainder, at a rate that suits you.

 

Regards.

 

Scott.

 

 

If they have an enforceable agreement. I there is a balance left after reclaim of charges and they do not have a valid cca this would put you in a great position to offere a massively reduced full and final offer to get rid of it.

 

Ida x

[Dipply75]

Hi chaoshome, can I ask about the default notice?

 

Was it from Capital One themselves and what did it say?

[Chaoshome]

Good morning, I ave received what I guess is their standard default letter....

 

Balance....

Credit limit.......

Overdue Balance.......

 

IMPORTANT YOU SHOLD REaD THIS CAREFULLY

 

STATEMENT OF DEFAULT

Your Capital One Account is now officially in Default

 

As of the 17/7/2009 you have defaulted and you owe us £3.410.41

 

1. We have terminated your account........

 

2. We now have the right to Demand that you pay your full balance......

 

3. We will notify the credit reference agencies that you have defaulted....

 

4. We may place your account with, or sell your account to a debt collection agency, which may use door to door collectors........

 

 

etc etc

 

 

I have this morning recieved notification that my debt has been placed with FPC.

( does any one know them at all?)

 

Dear MRs ====

 

Your Capital One BAnk (europe) plc account, which is seriously overdue, has been referred to us for debt collection.

 

You must contact us on reciept of this letter on 08458396093 to make a payment to bringyour account up to date. If we do not hear from you action to enforce the debt may be taken against you without further notcie.

 

Please do not ignore this letter - the debt will not go away.

 

 

 

 

 

 

HELP???? what do I need to do now please.

I have already sent of to CAp oNe fpr my account stuff as previously suggested.

 

Thank you fo being here.

[citizenB]

Good morning, I ave received what I guess is their standard default letter....

 

Balance....

Credit limit.......

Overdue Balance.......

 

IMPORTANT YOU SHOLD REaD THIS CAREFULLY

 

STATEMENT OF DEFAULT

Your Capital One Account is now officially in Default

 

As of the 17/7/2009 you have defaulted and you owe us £3.410.41

 

1. We have terminated your account........

 

2. We now have the right to Demand that you pay your full balance......

 

3. We will notify the credit reference agencies that you have defaulted....

 

4. We may place your account with, or sell your account to a debt collection agency, which may use door to door collectors........

 

 

etc etc

 

 

I have this morning recieved notification that my debt has been placed with FPC.

( does any one know them at all?)

 

Dear MRs ====

 

Your Capital One BAnk (europe) plc account, which is seriously overdue, has been referred to us for debt collection.

 

You must contact us on reciept of this letter on 08458396093 to make a payment to bringyour account up to date. If we do not hear from you action to enforce the debt may be taken against you without further notcie.

 

Please do not ignore this letter - the debt will not go away.

 

 

 

 

 

 

HELP???? what do I need to do now please.

I have already sent of to CAp oNe fpr my account stuff as previously suggested.

 

Thank you fo being here.

 

 

This is NOT a default notice as such.

 

A Default Notice needs to be issued under section 87(1) of the Consumer Credit Act 1974.

 

It should state the amount of arrears they are claiming and allow you 14 days + either 2 days 1st or 4 days 2nd class post to remedy the breach.

 

It is interesting that they say they have Terminated the account, because unless they have issued you with a valid default notice, they have probably caused them selves a few problems.

[Chaoshome]

if that is the case where do I go from here please? All I know is that I now have a debt agency calling and writing to me.

[maroondevo52]

Hi,

 

The quicker you get your charges claim in the better, you can then get them to stop any action on the account.

 

Regards.

 

Scott.

[Chaoshome]

OK thank you for that. Still waiting on CApital ONes reply and statement. What do I now tell the FCP debt agency who are ringing me twice a day and leaving messages ( as yet I am refusing to speak with them on the phone after my initial call to them last week). Do I send them a leter explaining that I am waiting for charge information do you think? Or answer one of their calls and tell them this.

Thank you

[citizenB]

YOu can WRITE to the DCA advising that the account is in dispute and until you hear from Capital One with the information you require, then you will not be discussing the account with the DCA either by phone or in writing.

 

You can if you wish advise that you are disputing the amount in question.. however, I would just leave it that there IS a dispute.

[mediaman1970]

Good morning, I ave received what I guess is their standard default letter....

 

Balance....

Credit limit.......

Overdue Balance.......

 

IMPORTANT YOU SHOLD REaD THIS CAREFULLY

 

STATEMENT OF DEFAULT

Your Capital One Account is now officially in Default

 

As of the 17/7/2009 you have defaulted and you owe us £3.410.41

 

1. We have terminated your account........

 

2. We now have the right to Demand that you pay your full balance......

 

3. We will notify the credit reference agencies that you have defaulted....

 

4. We may place your account with, or sell your account to a debt collection agency, which may use door to door collectors........

 

 

etc etc

 

 

I have this morning recieved notification that my debt has been placed with FPC.

( does any one know them at all?)

 

Dear MRs ====

 

Your Capital One BAnk (europe) plc account, which is seriously overdue, has been referred to us for debt collection.

 

You must contact us on reciept of this letter on 08458396093 to make a payment to bringyour account up to date. If we do not hear from you action to enforce the debt may be taken against you without further notcie.

 

Please do not ignore this letter - the debt will not go away.

 

 

 

 

 

 

HELP???? what do I need to do now please.

I have already sent of to CAp oNe fpr my account stuff as previously suggested.

 

Thank you fo being here.

 

 

Hi

I too have this very same situation and letters.

I am new to all this, i dont understand legal terms and im worried sick!

 

I have in the last 2 months written to Capital one twice, although they claim they have not recieved my second letter.

Ive tried to get through to the Special Support Unit but i have never managed it, instead ive got through to their usual call centre. Which is no help as they just want the monthly amount which i cant afford.

I offered a payment of £1 per month which i paid one but missed the second through getting confussed on dates.

 

But i have now recieved the letter from C1 and the same letter above from FPC.

I called capital one this morning and they said to deal with Fredrickson (im assuming this is the FPC???

Do i call FPC and offer to make a payment as they so far since yesterday have called countless times and sent text messages and a letter.

 

I want to make a payment but what i can afford at the moment. I accept i have the debt.

 

Please advice what to do as like i say, im sick with worry about this and i dont want it to prolong.

 

Please try and explain best way possible too as i dont understand all this too well..

 

Thanks in advance

[Chaoshome]

I have finally received my pack of information held about me and there is not, as far as I can see a signed agreement with them, just an application. That is the only thing that has my signature on it.

 

Where do I go from here please. I am feeling like that means that maybe I will be going down the route of others on the forum in refuting the legality of any of the charges...

Could anyone else please let me know where to go from here.

Thank you again, when I opened the letter this morning my heart was back in my boots, but I am ready for a fight.

 

What should my next move be?

[mediaman1970]

Im not sure.

I wrote to Fredericks as suggested with the letter template asking for a copy of my agreement from them. I sent this recorded delivery and gave them the 12 days + 2 and a postal order for £1 to cover costs.

They have left me along for about 4 weeks and the calls have started again this week which ive ignored.

I have had a letter from Fredericks though, a big yellow notice saying 'we know where you live, confirmed address'

Some sort of scare tactic no doubt.

I too am still not sure what to do at this stage.

[Chaoshome]

Did you write to Capital one and ask for all the information they hold on you rather than the debt recovery people ( is that Fredericks). If you do that as I understand it the debt people cannot contact you any more until the issue has been met.

If they do simply tell them that the amount owed is in despute and that you willnot talk tothem again until it has been clarified.

[mediaman1970]

I didnt no, I fanally got to speak to Capital Ones specialist Unit AFTER my first letter from Fredericksons.

When i explained about Fredericksons to Capital one they said its not us dealing with it anymore dont call us again.

 

Capital One have been right S**ts about it. Like i say, i had been trying to speak to them but could not get put through to the specialist support unit, i had been making £1 a month payments.

I did write to them and a sympathetic letter came back saying sorry to hear of my situation. Asking for income and expenditure. I wrote back again but that letter was 'lost'

 

All this was turned over to the debt collectors in 2 months!

[Chaoshome]

If you skip back up the thread abit I think the advice is to send the letter requesting that info regarding communications charges etc be requested from Capital One at which point they will recall your info from the Debt people and hold it until they have issued info.

Check back up hethread and see If my memory serves that is what I did nad thus have had no contact from them since.

[Chaoshome]

Please could someone offer advice over this aspect, I am stillunsure of how to procede, the pack sent to me by cap one contains an application form not a contract...and nothing else that resembles a contract.

I have not yet filed for charges as that may, in my mind, implie that I have accepted that the account is valid.

I feel as if I would like to have the debt proved unactionable because there is no CCA. But how do I know that there is not one that they have conveniently forgotten to send. The account was begun 2004. he account has been passsed to CAPQUESt and I have today told them to go away as the account is in dispute.

Can someone help please as last request was not responded to and time is ticking.

Thank you.

[Chaoshome]

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[Chaoshome]

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[Chaoshome]

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[maroondevo52]

Hi,

 

Was it a Subject Access Request you sent, if so was it the standard one, or did you send a CCA request.

 

Regards.

 

Scott.

[Chaoshome]

I think it was a SAR but have now requested CCA as well....could they really have ommitted sending out that bit?

[Chaoshome]

....... ACtually have also put together a fees reclaim letter too...should I send that in yet or wait for CCA response to come back.

HAve had their DC taking you to court letter as well over weekend,. have jyust sent that back reminding them that they are out of order until my dispute with the lenders has been addressed.

Thank you again for responding.