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  • FIRST POST
    • digitalise
    • By digitalise 11th Jul 17, 5:25 PM
    • 8Posts
    • 0Thanks
    digitalise
    Capquest and MBNA
    • #1
    • 11th Jul 17, 5:25 PM
    Capquest and MBNA 11th Jul 17 at 5:25 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.

    posted earlier today but in the wrong forum.
Page 1
    • sourcrates
    • By sourcrates 11th Jul 17, 7:35 PM
    • 12,413 Posts
    • 11,817 Thanks
    sourcrates
    • #2
    • 11th Jul 17, 7:35 PM
    • #2
    • 11th Jul 17, 7:35 PM
    Have sent you a PM.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    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/
  • National Debtline
    • #3
    • 12th Jul 17, 12:38 PM
    • #3
    • 12th Jul 17, 12:38 PM
    Hi digitalise


    I appreciate that sourcrates may have messaged you privately, but for the avoidance of doubt and the benefit of anyone else reading with a similar predicament, a couple of things:


    - Your wife cannot be held liable for debts accrued in your sole name, regardless of when they were accrued.


    - Capquest have no greater powers than those of the original lender. I understand that they may need to take certain Data Protection precautions before being able to correspond with you by email, but at the very least they should respect your wishes to avoid telephone contact and write to you instead, if that is what you have indicated.


    Dennis
    @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
    • digitalise
    • By digitalise 17th Jul 17, 9:41 AM
    • 8 Posts
    • 0 Thanks
    digitalise
    • #4
    • 17th Jul 17, 9:41 AM
    • #4
    • 17th Jul 17, 9:41 AM
    Thank you.

    Although my credit rating will have plummeted, will this affect my wifes credit rating as being associated with me?
    • sourcrates
    • By sourcrates 17th Jul 17, 9:56 AM
    • 12,413 Posts
    • 11,817 Thanks
    sourcrates
    • #5
    • 17th Jul 17, 9:56 AM
    • #5
    • 17th Jul 17, 9:56 AM
    Thank you.

    Although my credit rating will have plummeted, will this affect my wifes credit rating as being associated with me?
    Originally posted by digitalise
    Not if the debt is solely in your name, no it wont.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    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 17th Jul 17, 11:48 AM
    • 8 Posts
    • 0 Thanks
    digitalise
    • #6
    • 17th Jul 17, 11:48 AM
    • #6
    • 17th Jul 17, 11:48 AM
    Thank you Sourcrates, much apreciated
    • digitalise
    • By digitalise 31st Jul 17, 10:48 AM
    • 8 Posts
    • 0 Thanks
    digitalise
    • #7
    • 31st Jul 17, 10:48 AM
    • #7
    • 31st Jul 17, 10:48 AM
    Hi
    I sent my request for a CCA with a £1 postal order to capquest on the 17th July, I received this response from them on the 29th July...

    "We have forwarded your request for documentation under the consumer credit act 1974 to MBNA and will send this documentation to you as soon as we receive it"

    Would you assume then that MBNA have not sold the debt to Capquest
    and are just acting as agent?

    Now do I just sit back and wait?

    Thanks
    • sourcrates
    • By sourcrates 31st Jul 17, 10:58 AM
    • 12,413 Posts
    • 11,817 Thanks
    sourcrates
    • #8
    • 31st Jul 17, 10:58 AM
    • #8
    • 31st Jul 17, 10:58 AM
    Hi
    I sent my request for a CCA with a £1 postal order to capquest on the 17th July, I received this response from them on the 29th July...

    "We have forwarded your request for documentation under the consumer credit act 1974 to MBNA and will send this documentation to you as soon as we receive it"

    Would you assume then that MBNA have not sold the debt to Capquest
    and are just acting as agent?

    Now do I just sit back and wait?

    Thanks
    Originally posted by digitalise
    The documentation never leaves the original creditor, so regardless of who now owns the debt, the DCA has to approach the OC for the paperwork.

    Expect this process to take anywhere up to a month before you receive anything, once you do, or if you have heard nothing more after 30 days, post back for advice.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    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 31st Jul 17, 11:29 AM
    • 8 Posts
    • 0 Thanks
    digitalise
    • #9
    • 31st Jul 17, 11:29 AM
    • #9
    • 31st Jul 17, 11:29 AM
    Thank you so much Sourcrates, I will do that.

    I assume that the "within 12 working days" stated in the letter does not count.
    • sourcrates
    • By sourcrates 31st Jul 17, 12:08 PM
    • 12,413 Posts
    • 11,817 Thanks
    sourcrates
    Thank you so much Sourcrates, I will do that.

    I assume that the "within 12 working days" stated in the letter does not count.
    Originally posted by digitalise
    They are just guidelines, that time frame is not set in stone.

    Ideally it should be, but in reality they have so many files to look through, it all takes time.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    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 3rd Sep 17, 6:30 PM
    • 8 Posts
    • 0 Thanks
    digitalise
    Hi
    I received the agreement yesterday from Capquest that MBNA sent to them, It was an agreement from 20/11/1993 and was a Gold card
    UK Scenic Series Visa Card Application Form.

    What should I do now? Do you know if this is an enforceable agreement?

    Many thanks
    • StopIt
    • By StopIt 4th Sep 17, 8:44 AM
    • 1,371 Posts
    • 1,167 Thanks
    StopIt
    Hi
    I received the agreement yesterday from Capquest that MBNA sent to them, It was an agreement from 20/11/1993 and was a Gold card
    UK Scenic Series Visa Card Application Form.

    What should I do now? Do you know if this is an enforceable agreement?

    Many thanks
    Originally posted by digitalise

    Get an appointment with the CAB, and show them the paperwork.


    It needs to have the full prescribed terms as it's Pre-2007, but without seeing the thing nobody could tell you if it's going to be a fulfilled CCA request or not.


    If the CAB say it's valid and the debt is not statute barred (6 years of non payment or acknowledgement), you'll likely need to set up a payment plan. If it isn't enforceable, they cannot get a CCJ against you and you can walk away if you so wish.
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