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Capital One - Default Issued
Jaks
Posts: 263 Forumite
I recieved a letter from Capital One this morning reguarding my credit card account. It basically said
"We have been advised there is a bankuptcy against you. We have issued a default notice because the bankruptcy petition breaks your Capital One terms and condidions.
You need to read the default notice we have sent with this letter. You do not need to make any more payments to your account."
On another page of the letter it says
"No sum of money is required to be paid by you under this notice. The bank will participate in any dividend paid by the Official Reciever or by your Trustee in Bankruptcy.
YOU SHOULD BE AWARE THAT IF WE TAKE YOU TO COURT AND GET A JUDGMENT AGAINST YOU REQUIRING YOU TO PAY US THE MONEY YOU OWE US UNDER THE AGREEMENT, YOU MAY HAVE TO PAY US BOTH THE AMOUNT OF THE JUDGMENT AND INTEREST UNDER THE AGREEMENT ON ALL SUMS OWED BY YOU AT THE DATE OF THE JUDGMENT UNTIL YOU HAVE PAID THESE IN FULL. THIS MEANS THAT EVEN IF YOU PAY OFF THE WHOLE AMOUNT OF THE JUDGMENT, YOU MAY STILL HAVE A FURTHER SUM TO PAY.
The bank will not take you to court to get a judgment against you for the amount you owe under this agreement whilst a Bankruptcy Order is in place.
___________________________
Does this mean that when I am discharged Capital One will ba able to take me to court to get their money? Or are they trying to pull a fast one?
"We have been advised there is a bankuptcy against you. We have issued a default notice because the bankruptcy petition breaks your Capital One terms and condidions.
You need to read the default notice we have sent with this letter. You do not need to make any more payments to your account."
On another page of the letter it says
"No sum of money is required to be paid by you under this notice. The bank will participate in any dividend paid by the Official Reciever or by your Trustee in Bankruptcy.
YOU SHOULD BE AWARE THAT IF WE TAKE YOU TO COURT AND GET A JUDGMENT AGAINST YOU REQUIRING YOU TO PAY US THE MONEY YOU OWE US UNDER THE AGREEMENT, YOU MAY HAVE TO PAY US BOTH THE AMOUNT OF THE JUDGMENT AND INTEREST UNDER THE AGREEMENT ON ALL SUMS OWED BY YOU AT THE DATE OF THE JUDGMENT UNTIL YOU HAVE PAID THESE IN FULL. THIS MEANS THAT EVEN IF YOU PAY OFF THE WHOLE AMOUNT OF THE JUDGMENT, YOU MAY STILL HAVE A FURTHER SUM TO PAY.
The bank will not take you to court to get a judgment against you for the amount you owe under this agreement whilst a Bankruptcy Order is in place.
___________________________
Does this mean that when I am discharged Capital One will ba able to take me to court to get their money? Or are they trying to pull a fast one?
0
Comments
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Does this mean that when I am discharged Capital One will ba able to take me to court to get their money? Or are they trying to pull a fast one?
No. They can't do that.
It looks like they have tried to adapt one of their normal letters to use for your bankruptcy, but have forgotten to take the nasty threat of court bits out.
They can't touch you, before or after discharge.
Muppets. :rotfl::rotfl::rotfl:Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB
IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed0 -
i would have thought that they are trying to pull a fast one personally.
it is my understanding that once you are discharged then all debts under the bankruptcy are written off, otherwise there would not be any point in going BR if all your creditors came back after 12 months.
I might be wrong - but thats they way i see it
I am sure someone with more knowledge than me will be along!
hthBR 03/11/08 - AD 03/11/09Lloyds TSB Loan 6000 Lloyds TSB CC 4800 (in DH's name)Goal Weight 10 st by 03/09/09 starting weight 13st 13lbs:eek:Current weight 08/06 = 12st 13 1/4 lbs0 -
see - told you someone else would know!BR 03/11/08 - AD 03/11/09Lloyds TSB Loan 6000 Lloyds TSB CC 4800 (in DH's name)Goal Weight 10 st by 03/09/09 starting weight 13st 13lbs:eek:Current weight 08/06 = 12st 13 1/4 lbs0
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