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    • well you could go down the covid route and ask for a payment break etc etc but thats really only delaying the inevitable. but if you did that would only p'haps be worthy to lloyds when ws this A/C opened and has the allowed OD amount slowly crept up when they've given more and more to you?   as for everything else..you seem to have my ideas correct.   i've moved your thread to the debt self help forum. there are numerous like threads here to read.   dx      
    • Hi Consumer Action Group,   First time posting here because I don't know where else to go.   I've cancelled my gym membership with gym in February 2020 because of Coronavirus and my financial situation. This is done within my terms in contract, gave them 1 month notice in writing and everything went smoothly with the gym. They told me from their side it's cancelled and I didn't hear from them since then. They told me (face to face and on email) to contact DFC - Debit Finance Collection plc., company who collects debits for them to cancel my debit collection contract with them. I contacted them and explained situation (on the phone and via email). Everything was sorted and I got confirmation that debit collection is cancelled.   Recently I got the email that I'm due a payment for a September for gym that I haven't attended from February 2020. Then they sent an email that they couldn't take a payment. That's because I removed that debit payment from my bank account. I called them again to cancel that, that I won't pay anything because my contract is already cancelled but they told me that my gym membership is still running and that I need to pay termination fee. They are now contacting me with emails and SMS to pay the amount for September and extra charge of £15 for missing a payment within 7 days.    Weird thing is, DFC never contacted me for any payments from March to August and they now asking for monthly payment.   Reading other threads on this forum on Gym and Health Clubs membership cancellation and issue with DD, I get the feeling that I should just ignore them.  Can you help/confirm what are my next steps, should I just keep ignoring them? I'm getting angry with DFC because they don't want remove my details. I asked them to cancel and remove everything because of GDPR.   Thank you for reading my case.
    • Thanks - thread titled amended to show this.   UKCPS certainly confused me with their non-address.  The thickos haven't clearly shown where you parked which is in your favour.
    • Just to fully understand. : I should stop paying : HSBC credit card and Overdraft Ask for CCA from cabot   How about very recent LLOYDS overdraft debt.  Just got the letter today stating that they defaulted this account and collection depart. will contact soon to arrange repayments.   I guess I just need to wait to see what they will come up with.    But before any of that I should write to all creditors to inform them that I will stop paying them? Due to my bad financial situation?    I know I'm asking a lot but appreciate your help Sir.  E. 
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    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
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NGJ vs CAP1


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So am I right in saying that I simply wait for a termination notice and then dispute my CCA again? or do I wait and dispute the termination?

 

Thanks as always.

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I've received another letter from Crap1 today reminding me of the default so any guidance on my next step greatly appreciated.

 

Thanks.

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  • 2 weeks later...

If someone could provide me with assistance as to my next step, which letter to write etc it would be greatly appreciated, I'm beginning to get a little desperate and nervous now!!

 

Many thanks

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Sorry I cant advise you but do try and chill out. Remember your account is in dispute and these agreements are naff. For your info they are not sending out the reverses anymore but reconstituted different versions with the signature page and section 23 so imo those reverse pages are junk and they know it.

 

My account was terminated about 7-10 days after the 28 days given so you wont be too long then just sit and see what the postman brings and post back up. Ps phonecalls stopped dead on the 28th day, week off and capquest started but just refuse to speak.

Edited by Craigbadger
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Right had an 'official default' letter now.

 

This can be seen at http://i557.photobucket.com/albums/ss15/njohns78/CAP1/Cap1defaultletter21-5.jpg

 

Basicaly says account terminated.

Right to demand full balance. May add costs to this.

Notify credit ref agencie :( (only part that concerns me!)

May place or sell the account to debt collection agency.

 

I'm presuming I need to reply to this letter?

 

Thanks in advance.

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Wait and see what happens.

Thats just confirming theyve terminated your account and can now ask for the lot. Just a formality really which I guess you knew was coming. I didnt bother replying.

Chances are it will be with someone else next week, post back when as theres a template letter when someone else trys collecting while in dispute.

:)

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  • 3 weeks later...

After sending the advised letter to FTC, advising that the account was in dispute, I've now had a response.

 

This can be seen at: http://i557.photobucket.com/albums/ss15/njohns78/CAP1/FTCletter11thJune.jpg

 

Basically though it simply says:

 

"thank you for your recent communication.

 

Please be advised that we have contacted our client on your behalf who confirm that all requests have been fully complied with and therefore this account is not in dispute.

 

The balance is correct."

 

Next step please??

 

Thanks as always.

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Sorry cant help you yet, I had a similar letter saying they are awaiting a response from there client and will contact me shortly.

 

Dont worry anyway, just stay off the phone and see what other junk they send. Sure someone will post something more useful. :)

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All theyve sent me now is a copy of Cap1 s original account is dispute response and a in/exp sheet. I'm just ignoring them, as far as i'm concerned the accounts in dispute.

Have you told them you wont speak to them on the phone?, that all I did and they havnt rang since. Remember they are only ringing to bully you into paying.

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  • 2 weeks later...

Any further advice is appreciated please. Obviously Cap1 are saying the account isn't in dispute so FTC are calling daily. Should I write a letter to FTC saying account is in dispute and only contact by phone?

and should I write another letter to cap1 saying account in dispute?

Thanks

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  • 2 months later...
  • 8 months later...

Cap1 have been quite for some months now - probably 9-12 months.

 

I'm only presuming this can only be a good thing!??

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  • 2 years later...

Hello folks,

 

It's been a while since I've hung out around here :)

 

Update on my Cap1 dispute is that I've not heard from them for going on 3 years now. I believe that this debt will be wiped from my credit file, so to speak in about 3 more years.

 

I was after any advice on offering to settle this, and whether I should. (FYI its a good 5 figure sum). I hope to be able to be in a position to get a mortgage next year so its whether I wait until nearer that time, and then settle, or whether I'm better settling asap, if that is advisable.

 

Any advice on suggested settlement figures is appreciated. I presume if I was to contact Cap1 that doesn't cause me no problem? as I said the calls have stopped for a good 3 years now!

 

Merci.

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Hi

The only reason to settle with Cap1 is to get the default totally removed from your credit file. They would rather stick needles in their eyes than do this so, if you feel you have to contact them, make sure that any settlement offer includes removal of the default as otherwise they are likely to mark the account as 'settled' or 'partially settled' neither of which do you any good whatsoever.

 

IMO save for the next 3 years then wait for the default to drop off.

 

Oh yes, with any settlement, always start low (10%) with an upper level in mind.

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

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Hi ngj, can I ask what you did in a timescale to stop capital one and debt collectors bothering you? I will be in the same boat soon because have missed 3 payments nearly. Did you send both capital one and the debt collectors a letter saying that your account is in dispute? Thank you.

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