Anyone had success with Capital One?

[kittykat83]

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

[twofoot]

I think most cases just get passed around different DCA's. You can't have it both ways. They want their money and you either cannot or don't want to pay. If you go down the CCA route you must be prepared for a long drawn out affair. Having said that, you'd get lots of help on here and you would soon treat it as water off a ducks back although the first court case can get you stressed somewhat. I can't advise which way to go, that has to be your own choice.

[creditcardmug]

Cap1 will just keep on arguing they are right, you are wrong, once you get fed up of corresponding with them, they will pass it around various DCAs, and eventually sell it. How old is yours?

 

Check out also the successes forum

 

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/

[harrassed senior]

There are many of us on here who are dealing with Cap 1 and their various DCAs'. There are, of course, at lease two courses of action you can take.

 

The first would be the CCA route. This really is not a long winded affair. Just send letter N from our Templates, together with a postal order for £1. Send by Recorded Delivery and do not put your signature to the letter.

 

Their responses vary from, admitting no Agreement, and closing their file, which they will, in all probability sell onto another DCA, who are easily put in their place with one of our Template letters. This may go on for a while, until the debt eventually becomes Statute Barred.

 

The second way is to try and reach an agreed payment plan, but these don't usually last very long before they are threaten Court unless you double/treble etc. your payments. The only way then is the CCA route to see if they have a valid Agreement that will stand up in Court.

 

If you stop paying once the 12+2 days for the CCA are up, then the alledged account is genuinely in dispute and they cannot force or, indeed, ask you, to make any payments in that situation.

 

Hope that gives you the bigger picture.

[willtheywontthey]

was in similar situation to you some months back = now I seem to be in the thick of it and somehow hoping DCAs will not take me to court. Very very stressful. Added to that the information seems to be always changing or up for interpretation so i don't have confidence in my decisions. Am going to bury head in sand again now. If you can avoid the default situation and DCAs do so.

[harrassed senior]

Hi, WTWT - so sorry that despite this site things are not working out for you. If there is anything more any of us can do to help alleviate some of the pressure, please let us know.

[wayoutneeded]

What I am not sure about is Cap ONe dont have and enforeceble ageement am better still paying the reduced payment even thought they are not agreeing to it or just stop paying altoghther

[surprise]

CapOne's agreements are not enforceable. If they were enforceable then why don't they take anyone to Court? reason being they are not sure of winning, same scenario when you try and claim back charges, people get as far as court then they settle out of court. My account went to the FOS and I got all my charges back. I have been dealing with my daughter's account since March 07 and due to her illness I asked them to write it off and they wouldn't. So I went down the CCA route. I have been willing them to take her to court but they will not. She has not paid a penny since they defaulted on the CCA in April 07, but still haven't taken her to Court. I am currently dealing with the FOS on the grounds of harassment, the OFT have been copied in with all correspondence so I am now awaiting the outcome.

 

So far CapOne have passed this debt to two DCA's I've just forwarded copies of correspondenc from the FOS and they have handed the account back to CapOne. It is a merry-go-round, sit back and enjoy the ride. DCA's very seldom go to court and without a valid agreement this is highly unlikely.

[pt2537]

this is something that i will be discussing with the site team, i would like to see more people challenging their agreements with lenders when the lenders have made an error, but im not prepared to post particulars of claim etc at this stage as it owuld be somewhat reckless without providing a complete guide to litigation etc

[cas93]

Kitty

 

 

I have had the same experience (not cap1) my cca's are unenforcible and most of the oc's have put them with dca's.

 

The trick is to realise that the dca's are powerless and will only threaten, and when you stand up to them they back down. When I first started his I was getting very stressed and upset but I read "cheekiness to dca's" thread and it changed my attitude!

 

I now enjoy getting the better of them. But if you dont feel confident enough for that, remember, you dont have to speak to them

 

dont go through security

tell them "writing only"

threaten further action if they pester you

 

One of them told me he couldnt communicate in writing to me and I replied "why, cant you do joined up writing yet?"

 

Now I feel disappointed if they dont ring or write to me!! If I can manage to get one to lose their temper - all the better, I am always polite to them and they hate it!!

 

It's all about taking control (I learned that from others on here)

 

cas

[surprise]

Paul, could you answer a question please? CapOne are insisting upon a medical report and the FOS feel that this is not unreasonable. My daughter is very embarrased to ask her medical team for this as she does not want them to know about her financial affairs. I have stated this to the FOS who have relayed it to CapOne. I'm still awaiting their reply. I have supplied them with a letter that the health team wrote to me which actually confirmed that she hadn't attended for her injection, so they are aware that she does have health issues just not to what extent. Are they right in asking for this report?

[pt2537]

Hmm, tricky one that,i would say that ,if you are asserting that there is an illness that should compel Cap one to write off the debt, then i think that a court would consider it reasonable to ask for proof and what better proof than the medical report.

 

I would write back to them and tell them to arrange a medical at their costs if they want it done, that way it should mean that they get what they want without the embarrasment

[surprise]

I did tell the FOS that it costs to have medical reports and that if CapOne wanted one then they will have to pay for it. He told me to pay for it and claim it back!

[the_shadow]

I did tell the FOS that it costs to have medical reports and that if CapOne wanted one then they will have to pay for it. He told me to pay for it and claim it back!

 

Personally I would think a court would find it reasonable for Capital1 to ask for a medical to prove what you are stating but also that capital1 pay for that medical they they have made a requirement.

 

Suggest it to Capital1 and see if they are still so keen to progress

 

S.

[kittykat83]

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

[babydoll0141917]

Hi

 

ive been trying to get my CCa of cap 1 for over a yr ..they want a sig , i said u dont need a sig MMM wonder why they need sig..they didnt ask my OH for his ..my OH had an enforcable agreement from cap1 ..they sold to lowells ..Oh trying to set up a payment plan 5.00 pounds a mth ..Lowells ignoring every Letter/Email

[pmhcfc]

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

 

I'm coming in a bit late here but I am one of many that have had success with Cap1 - let me give you the very condensed version.

 

2005 got into trouble with finances...My Cap1 CC went to Bryan Carter, who in turn got a CCJ for part of the debt.

 

2007 discovered this site and began to fight back...Disputed the crap CCA Cap1 sent me, loads of letters back and forth demanding repayment of unlawful charges- Cap1 refused to repay etc.

 

2008 Started fighting at a different angle...Argued that Bryan Carter should never have gone for CCJ as correct paperwork not in place, got FOS involved...

 

Final Result: CCJ set aside + all payments made to Bryan Carter returned + whole of debt with Cap1 written off + a cheque from them for repayment of unlawful charges + account closed + CRA files wiped.

[kittykat83]

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

[kittykat83]

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?

[pmhcfc]

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?

 

I did have a thread on here but I have no idea where it might be.... I think it was entitled "Brian Carter ceased as a company"- am not entirely sure.

 

I started the process of claiming the unlawful charges back with Cap1, at first they wanted to reduce all the £20 payments to £12 and were adamant that's all they'd do. I didn't accept this and got the FOS involved, and that's when cap1 folded. They were as 'tough as nails' before that.

 

I can't tell you what you should be doing, at the end of the day it's your call. I don't beleive what they've sent you is a valid agreeement, I guess this all depends on what you want to achieve with all this. Remember, if there's no valid OA then the debt is in dispute and it can't be sold or transfered to a DCA whilst it is in dispute. If they are saying it's a valid OA, why not get the FOS involved and ask them what they think?

 

Keep us posted.

[surprise]

Unfortunately, the FOS will not get involved on the validity of agreements and will tell you its up to the court to decide whether they believe the agreement to be enforceable. Funny thing is that CapOne will never ever go that far to test the water for a consumer to challenge always settle prior to court.

 

I went as far as appeal with the FOS regarding agreements but no joy.

 

All the charges I have claimed back I have done through the FOS and, although they have taken a long time, the results have been good.