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    • digitalise
    • By digitalise 11th Jul 17, 12:51 PM
    • 8Posts
    • 0Thanks
    digitalise
    Capquest and MBNA
    • #1
    • 11th Jul 17, 12:51 PM
    Capquest and MBNA 11th Jul 17 at 12:51 PM
    Hi
    I am at my wits end, can anyone offer some advice please.

    Years ago I had a well paid job and took out an MBNA card and to cut a long story short I ran up about 14k on the MBNA credit card.

    3 years ago I had, and still have a back and neck problem, along with a host of other problems, which made it impossible to work due to the pain and the confusion of taking the pain medication, anyway I am 65 now and just receiving my state pension and we are living hand to mouth. 2 years ago I contacted MBNA and explained my case and asked them to stop the interest on the debt as I could no longer afford the minimum payments as my savings had been used up through not being able to work. MBNA were very helpful about it and as I did not have a lump sum to offer to settle the debt, we agreed that I would pay any amount that I could afford on a monthly basis, there was no set figure, and I was classed as a special case. Some months I would pay £5, some £20 and some £10, I now owe 11,100 and I find that MBNA have "Placed" my account with Capquest, I am assuming that means they have sold it?

    I understand that Capquest are not a very nice company to deal with, so I am asking for advice here as to what steps I should take, I have emailed them to state that I only want to be contacted by email or letter, I do not want phone calls as I cannot think clearly "on demand" as it were because the medication and morphine patches I am on do not always enable me to think clearly. I have not said anything else to them, they replied by email saying that they "Cannot communicate by email due to data protection" is that correct? but they are sending out a letter.

    Can anyone advise me of the steps Capquest may take, or steps I should be taking. Also could they go after my wife for my debt? I had these debts before we were married. Any advice would be greatly apreciated thanks.
    Last edited by digitalise; 11-07-2017 at 12:54 PM. Reason: Think I may have posted in the wrong place
Page 1
  • National Debtline
    • #2
    • 11th Jul 17, 2:53 PM
    • #2
    • 11th Jul 17, 2:53 PM
    Hi Digitalise

    Welcome to MSE. The first thing to say is don’t panic. Capquest are a debt collection agency (DCA) which means they are not a bailiff, they cannot take your goods and they have no special powers.

    The first thing they will usually want is a statement of affairs (SOA) to know what your income and outgoings are and what you can afford on a monthly basis http://www.stoozing.com/calculator/soa.php. Your previous arrangement was unusual as most companies will want a fixed payment plan. If you have very little spare money don’t worry, you can make a token offer of as little as £1 per month if that’s all you can afford.

    Your wife is not liable to pay debts in your sole name and bear in mind there may be other ways to deal with your debt, one of the free debt advice agencies can give you more advice on those. Unless you are considering bankruptcy your post would be better placed in the Debt Free Wannabe board if you want further advice and comments. Best of luck with it.

    Susie
    @natdebtline
    We work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps
    • sourcrates
    • By sourcrates 11th Jul 17, 3:42 PM
    • 11,921 Posts
    • 11,411 Thanks
    sourcrates
    • #3
    • 11th Jul 17, 3:42 PM
    • #3
    • 11th Jul 17, 3:42 PM
    Hi,

    I would get a CCA request banged into Capquest as soon as possible.

    A lot of MBNA credit card accounts were unenforceable due to deficiencies in their credit agreements.

    Look on National Debtline website for info or feel free to PM me for more info.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. I'm a volunteer to help the boards run smoothly, and I can move and merge posts there.
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Legal advice see : http://legalbeagles.info/
    • digitalise
    • By digitalise 11th Jul 17, 5:23 PM
    • 8 Posts
    • 0 Thanks
    digitalise
    • #4
    • 11th Jul 17, 5:23 PM
    • #4
    • 11th Jul 17, 5:23 PM
    Thanks to you both much appreciated
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