Hi again Another question - I spoke to the Debt collection agency FPC who informed me that they would be passing the debt back to Cap One as of yesterday because there had been no contact and I informed them I couldn't pay anything yesterday. Just wondering if anyone knows from experience what Cap One will do next? I'm wondering how long before they would go to court or if they will at all? Thanks

Hi, thankyou both for your replies. I'm not intending to come back to the UK just yet, I'm hoping to do some season work here in France but I don't imagine I'll be away for 6 years. In terms of residency, I'm still tax resident in the UK and can provide a UK address so don't know if that makes a difference? Thanks K

Hi everyone, I'll briefly try to explain my position and see if anyone can help me please. In August I dropped everything in England to move to France as my mum who lived there, was diagnosed with terminal cancer and we knew she didn't have long left, she died a month ago. I quit my job in England, left my rented house and took with me what little money I had. I managed for the first month or so but without a job, I couldn't afford to pay my credit card payments. I have one card with Capital one for 5k and one with Barclaycard for 1k. Both of these are in arrears and have gone to Debt Collection Agencies. I have tried to talk to Cap One and BC and explain my situation and claim financial hardship but neither will have any of it and say my account has now been passed on and they can't deal with me. Regarding CCA's, I have the original agreements from each account which I kept at the time, and neither of the agreements are signed, they don't even have a signature box. I am struggling so much and if I could get my debt written off it would be a major help, so i'm thinking about telling them their CCA is unenforceable. My main questions are: 1. Do I still have to send off the formal letter requesting a true signed agreement, even though I have a copy? 2. If I dont need to, which letter do I now send to keep the Debt collectors away? The template letters I have seen tend to relate to where the companies have failed to send the true agreement - not where someone already has theirs. 3. My address is still listed as the one I had in the UK - my friend now lives there and passes my mail on to me. Is it likely that Debt Collectors will call at the house? 4. Am I breaking my side of the agreement by not giving them my real address? I haven't changed my address because I'm staying with my Auntie in France now and I don't want any of this to come to her, it's not fair. 5. What will happen if I just ignore everything? I'm guessing it will go to court but will the companies be able to claim the money if they don't have an agreement? 6.. Are there any other solutions for me other than the CCA thing? Thanks in advance for your help Katie

Thanks Clemma. I'd heard about the sale of goods act the 6 year thing but wasn't sure how it works. I guess it's proving they are liable. Does anyone know whether the faulty zip would be protected by the sale of goods act? If I could get a strong enough argument then I'd take it to them and try and get either a replacement or a refund.

Ibought an Ikea sofa about three years ago and the zip on one of the removable covers has recently broken. While in Ikea I enquired about exchenging the covers as the zip had broken and the person at customer services said I would be able to get an exchange. However I know that Ikea have discontinued the sofa covers in my colour and when I metnioned this to customer services they said they would try and find one and if not they would have to refund the whole sofa. Does anyone think that this would happen? I can't help thinking that if I were to try to get a refund on a £600 sofa they would tell me to get lost!! Could it have been a very misinformed member of staff or would I have the right to a refund? Thanks Kitty

Also, what does the whole process do for your credit score? If I were to stop paying my credit card and it goes to DCA's wont that wreck my credit rating?

Wow pmhcfc, thats impressive. Did you have a thread on here?

Thanks everyone for your advice! I've only had a chance to skim through as I'm so so busy with work so I will have more questions im sure when i can think about it again properly. For now though, a few things: Twofoot - You say the first court case? Others are saying that Capital one aren't taking people to court over credit agreements, what happened to you? Harassed senior - it would be the CCA route as i am currently paying my minimum payments and have not defaulted. If I wanted to go down the CCA route and stop paying, is it likely that I'd be chased by DCA's for the next 6 years until it is statute barred? Also, I live in a shared house and I am worried about the consequences for the other people i live with. As it stands, Capital one obviously have my address but they dont have a current mobile or house number fortunatley! But this makes me worry that DCA's will come to my house and cause trouble for my housemates. Thanks

I've been reading a lot of threads on here and it seems a lot of people are currently being chased incessantly by DCAs so I just wondered if anyone has been able to get the credit card companies, in particular, Capital One to admit that their debt is unenforceable? Or has anyone managed to ride it through until they just stop chasing you? I would like to see whether my CCA is enforceable but I'm just not sure if I'm prepared to go through the stress of having DCAs chase me shold I stop paying. Thanks Katie

Hi everyone, As you can see form my thread I started my claim ages ago but it got interrupted by a stressful time of break ups and moving out and so I haven't done anything since my prelim letter. I'm settled now and thinking about sorting my claim out. I know it's really bad to have left it and not stuck to the deadlines but I still really want to do it and can dedicate the time to it now. But firstly, I know about the test case and them freezing all claims so where does that leave me? Should I continue on? If I should continue, will my original claim still count? I received a letter saying they were looking into it but I havent herd anything since. I need to send my letter before action and im wondering whether I should alter the letter and put something about them having more than ample time to respond and so i'm now giving them 14 days until court? Or should I start again from the beginning? Any help would be much appreciated, I really hope I haven't ruined my chances of a successful claim. Thanks kat

Hi there, Talking to my Mum again and she's going to go ahead with claiming, via my address. I'm wondering if the banks have questioned addresses/identity in the past which may be the reason the paragraph below is included in the SAR? "If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable." Obviously we would need to change this paragraph and say something which states that all correspondence should go to my address in England. My concern is whether they will question this because all her other correspondence RE her account goes to her French address, and delay the claim? Anyone know what I should say in the SAR to avoid any problems?

Posted off the LBA and haven't heard anything yet. It actually went late which I'm really annoyed at myself for but I'd been ill with flu. LBA deadline is 9th May so I am reading up as much as I can about the court stage before then.

Hi, sorry it's been a while but I have finally posted my prelim letter after having a horrible flu for the last ten days!! It went recorded delivery so they should receive it on Monday. Thanks T4FF, but in the end I didn't work out the overdraft interest, it was interest free for three years and then I only paid interest on a proportion of it so I dont think it would be very much at all. I was eager to get it off aswell so I can get the ball rolling. The full amount I am claiming for is just over £1100 which will do me nicely! I'm going to set up a parachute account on Monday as well as get rid of my rbs overdraft so that they cant swallow up my charges and cancel it themselves! I'll keep you posted Kat

Hi Will, the overall advice given on the many threads in here is to stick to the deadlines that you have imposed. So give them 14 days from the day they received your preliminary letter and then send your LBA. Many people have received the standard letter from Sandy Watt but this is not considered a positive response to your prelim so you should go ahead with your LBA.

Ok I've finished my schedule of charges so I can send my prelim letter now. I originally decided that I didnt want to go through adding on the overdraft interest but am now thinking about it. How do I show that overdraft interest I incurred was solely from the charges they have levied against me? Does the spreadsheet work it out for you? I had an interest free overdraft for three of the last six years. In the last three years I have gradually paid more interest year by year, in 2005 I paid interest on £500 of my overdraft, in 2006, interest on £1000 and in 2007 interest on £1500. It might not even be worth bothering with? What does anyone think?