Capital One Advice

[Axleuk]

Hi Folks, i need some advice please.

 

I had a call from DEBITAS, they are collecting the debt for Capital One. They have been trying to get hold of me for 2 months now. I had originally agreed a re-payment plan for 40 pounds per month and they were to send out a standing order form for me, to which i never saw.

 

On the phone they said that they will have to now re-do the original payment plan to accomadate the last 2 payments that were not received.

 

They advised me to pay 8 x 105 pounds, to which i said hat was unacceptable as i cannot afford that amount. I offered to pay 40 pounds as per our original agreement and the refused and said they can do 60 ponunds. I told them that i was unable to pay 60 and can pay 40.

 

We argued and they said they are now going to pass this over to a third party to deal with that will result in a CCJ being issued.

 

I argued this and they said there was nothing they could do. I then asked them to confirm in writing that they were refusing a payment of 40 per month, and the fella on the other end said this was not possible. I stated to him that this was crap and that i wanted a note made on my account stating that they also refused to send written confirmation that they were unwilling to accept the 40 pound offer because i would be instigating legal action and the first step was to request, under the data protection act, a list of all account charges and manual intervention noteson my account, and if i find that these notes are not inclused, then i will be commencing legal action. He said i couldnt do this, lol.

 

To cut a long story short.

 

Can they refuse my offer like that ? I deam it to be reasonable.

Can they refuse to confirm in writing their refusal to accept the offer ?

Can they issue a CCJ on these grounds ?

 

I also asked that they stop calling the house as it was not my house but my parents and again they refused and said that they will be continuign to contact me at this number.

 

Hmmmm......

 

Thanks for any help.

[Bookworm]

Send them a letter stating you will pay £40 a month until debt is paid off. Send a payment of £40 at the same time. Then keep on paying £40, DO NOT MISS A PAYMENT.

 

The odds are fairly high they will not keep on hounding you or sue if you maintain payments. The principle being that better 40 a month than less, and if they take you to court, you can then show the judge that YOU made reasonable efforts not to end up in litigation. Furthermore, they know very well that depending on your income and expenditure, they could end up with a court order for less than 40.

 

As for telephone calls, your parents, not you, need to write to them demanding they stop calling at their address, explaining you don't live there etc.

[Axleuk]

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