My mother's charges-based debt

[alun_sundry]

This pertains to my mother's debt with Capital One, which is entirely made up of charges. This is my biological mother, who I traced six years ago; whenever I visit I do feel quite distressed by the loans men coming on the door and other signs of struggling. Her health is bad, with terrible back pain, arthritis and mental health troubles.

 

She is not very confident and has caved in to demands for some payments from time to time, but is literally unable to spare a penny at times. I have my own trouble with Lloyds, and no one is able to help her in the family. I asked how much she owes, having a stab at 2 grand, and she said it shouldn't be that high, but in terms that seemed vague enough to suggests it might be a grand or a grand and a half.

 

The debt has built up from charges, as I understand it. I would like to be able to help get this one worry off her mind, so if anyone here can give good info that'd be great. The debt collectors' Capital One brought in start ringing at 8.30 just about every morning. I'm fairly sure at least that she can demad this stops because of her health, and also have read about an Act that means any individual harrassing her is personally liable should the matter go to court, which seems a good weapon.

 

Lastly, in case my mother isn't 100 per cent sure, if things are favorable if she has only charges making up this debt, how different is the situation if there is any genuine owed amount among the amount.

 

Thanks very much in advance. I'll look in here later.

[alun_sundry]

I see that 22 people have read my post. Can you let me know if I've not given enough detail or something as I would really like to get good advice on this and get things moving for my mum. Thanks.

[craigers]

has she received any letters from the dca? if so, in the first instance i would advise her to write to them and make it clear that she will only communicate with them in writing regarding the alleged debt. and make sure she doesn't sign using her normal signature! i would also write to them (enclosing a postal order for £1) requesting a copy of the alleged credit agreement under section 78 of the consumer credit act. the dca have 12+2 days to produce it.

 

if she has the money i would also advise her to write to capital one (enclosing a £10 postal order) requesting under section 7(1) of the DPA 1998 ALL information capital one have on her. in this request i would suggest asking for a month-by-month breakdown of the account (but you'd accept copies of all statements for their convenience), copies of any application forms, a copy of the credit agreement allegedly signed and the T&Cs applicable at the time, and copies of the credit agreement and T&Cs as varied over time. if the account has been defaulted, i'd ask for a copy of the default notice and ask when it was sent and by which method. also if the account has been terminated, ask for a copy of the termination notice and when and how it was sent.