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JohnAMiller

Mortimer Clarke / Cabot Financial

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To add to my woes I find that I have had 38 calls from various Capital One numbers in the last week - I have asked them to WRITE to me and to remove my numbers - they wont - advice please?

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To add to my woes I find that I have had 38 calls from various Capital One numbers in the last week - I have asked them to WRITE to me and to remove my numbers - they wont - advice please?

 

Stop asking and demand that they stop, look at the telephone harassment templates and edit to suit your need. Quote any regulations including the banking code at them.

 

At the end of the day the only real way to stop them contacting you is to a) Change the number b) Get a truecall (I can recommend this but its costly) or c)subscribe to your phone providers call blocker.

 

Sending the letters SHOULD reduce the number of calls but I dont think they'll stop altogether I'm afraid.

 

S.


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Hi folks,

 

I have received a CCJ Threatogram from the above regarding a Capital One "Secured" Credit Card (It was secured by a £250 deposit I believe).

 

This was back in 2008 - I made a couple of payments and then fell into some money troubles so couldnt keep it up

 

The debt is marked as defaulted on my credit report since 2010, in fact theres about a month to go until its fully statute barred. They have said that the debt is statute barred six years after the default date.

 

I have said to MC that this debt is statute barred. I have also asked them for a copy of my CCA, which is going to be interesting as I legally changed my name a couple of years after that.

 

Any advice?

 

J

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It is 6 years from the date you failed to pay a due statement bill. The credit card companies would have added a default about 2 months of not receiving payment. They can't leave it too long before defaulting, as they have to meet the accountancy standards required by regulators.

 

You have sent the CCA request with the £1 statutory fee (?), so until they respond, nothing should happen.


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the default will always take a couple of months to reach your CRA files so the SB date will be no more than 2 months after your last payment when monthly payments or statements are the norm. So, if your last payment any time in 2009 it is already SB regardless of the default date.

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They are supplying the CCA Request without any fee as I did it via email and followed up with a phone call - they have "put the account on hold" but state that its five weeks from reaching Statute Barring

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They are supplying the CCA Request without any fee as I did it via email and followed up with a phone call - they have "put the account on hold" but state that its five weeks from reaching Statute Barring

 

Unless you make a CCA request with the £1 statutory fee, it may not be seen as a statutory request under the Consumer Credit Act.

 

If you were relying on your emailed request alone, it might not suffice.

 

If they have acknowledged your CCA request as a statutory request, then not such an issue.

 

Up to you whether you now send the CCA request letter with the £1 fee.


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