Jump to content


additional card holder/capital one


dazza3956
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4786 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

hi.

my mother put my sisters husband as an additional card holder on her capital one account as he couldn't get a card due to bad credit.in fairness he has never had bad credit and has always earned a lot of money but somehow he has had bad luck workwise and been a bit foolish with his money.

anyway my mother added him to her account as he needs a card for his work(supposedly)and now he has run the card up to its maximum of £11000.

he hasn't kept up with the monthly payments and capital one are chasing my mother for the debt.he is also in the middle of a divorce from my sister which adds worry to my mother also.

capital one have been phoning my mother and asking for £500 which are the arrears.

my mother is 66 years old and is worried sick as she has never been in debt in her life.

just wondered what the best move is.

she knows she's been a bit daft and is liable for the debt but would like some advice on what to do next.

thanx

dazza

Link to post
Share on other sites

IMO why should your Mum have to worry about this, palm it back to the son in law, tell him he has to pay the arrears, and TBH having gone through similar with my sister and her OH, don't be at all surprised if he does a runner and leaves your Mum in the lurch.

Is that figure correct? Eleven 'thousand' pounds? Or Eleven Hundred? If its the prior then even the small claims track won't be able to help.

 

Regards the phone calls, then their is a telephone harassment letter you can send Cr@pone to put them to strict proof it will not be tolerated, keep a diary of events also, with a view to reporting them to the Police for the criminal offence of harassment.

http://www.consumeractiongroup.co.uk/forum/content.php?493-Harassment-by-telephone-response-letter

If you send it obtain 'Proof of posting' from the post office.

 

Any letters they send try to keep the envelopes stapled to the letters and mark them with the date you received them.

 

The first thing they will do if they fail to get the arrears is send your Mum a default notice (DN) there are guidelines in how this should be laid out etc.

 

Following that will be a 'Termination Notice' basically stopping the account, then they go into attack mode and chase for the money.

 

However, the son in law needs to be gripped about this, very tightly! And make him understand in no uncertain terms that his current situation does not detract from the fact that he has abused your Mums hospitality and generosity and it isn't on.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

Link to post
Share on other sites

You could use the Small Claims' court (your mum could) to firstly claim back an initial amount owing on the Card, not sure of the limit for small claims, but claim up to the max. and offer this as a Full and Final settlement. Unfortunately C1 will not be at all interested in the full story, but they 'may' hold back if they see you are making an effort.

 

Not a nice situation, but thats' all I can think of at the moment. Hopefully others will have better suggestions.

Link to post
Share on other sites

5K is the max amount for small claims track, costing £120, or if you do a MCOL it is £100, however if both parties agree, then any claim above this amount can still be heard on the small claims track.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

Link to post
Share on other sites

hi.

thanx for the replies.£11000 is the right amount on the card.i dont understand the part about small claims court.can my mother claim off son in law for the amount owing?the thing is he says he is going to pay the card but already its in arrears of approx £500 and he is in arrears with his mortgage so in my opinion he would be a fool to pay the card instead of the mortgage.i will pass on the advice to my mother .

thanx all

dazza

Link to post
Share on other sites

Yes what I am saying is that he is clearly not going to pay the card off over his Mortgage, a Mortgage is a priority debt, a credit card isn't.

If he doesn't come to a sensible arrangement between him and your Mum to pay this back, then yes she could have taken him to the small claims court to recover the money, however, as it is above the maximum ceiling for small claims (5K), both parties would have to agree to deal with the matter through the small claims track.

 

The only real alternative is if your Mum can't bring the balance down to a reasonable level, or it is way out of any possibility of her doing so, she would then need to negotiate lower payments and the freezing of interest charges etc, for the foreseeable future.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

Link to post
Share on other sites

If your Mum needs any further help, esp with dealing with this, then please come back and ask, there is plenty of advice on here to help.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

Link to post
Share on other sites

  • 4 weeks later...

hi again.

my mother has made an agreement to pay capital one £75 a month and they will review it after 6 months.she couldn't handle the stress of having phone calls and letters so she made an agreement .it was obvious that the son in law wasn't going to pay anything .she is in the process of moving to a smaller house and will make a bit of profit on the sale.she wants to pay off her card when she sells .would it be worth her while to offer capital one a reduced final figure?it is so annoying that the son in law and my sister have put her in this situation and can walk away scot free but thats how it looks.would love some advice on what is the best thing to do as my mother is too old to have people chasing her for debt.

thanx for any advice you can give.

dazza

Link to post
Share on other sites

This is the telephone harassment letter which might come in handy if they are ringing.

http://www.consumeractiongroup.co.uk/forum/content.php?493-Harassment-by-telephone-response-letter

 

As for a reduced offer, then YES that is a very good idea, getting them to accept it is another matter entirely, however, you could start by checking if their are any charges on the account, failed payment or late payment charges, these can be questioned and claimed back, therfore reducing the full amount.

Are they freezing the interest?

 

Some reading for you regarding F&F offers.

http://www.voltimum.co.uk/news/2312/cm/the-law----full-and-final-settlement-.html

 

And some very good advice off these guys!

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=24_full_and_final_settlement_offers

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

Link to post
Share on other sites

They are unlikely to take a smaller amount at this stage. Best time for that is further down the line when THEY offer your mum a discount but that could be a while. In my opinion while she is paying and she owns her own house they are not likely to offer anything for a long time.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...