CapQuest letter......

kiwikaz

My OH received a letter from CapQuest this morning regarding his Capital One cc.
We're on a DMP with the CCCS and have been paying them what we can afford currently which is £ 20 on a debt of £ 4800.
I can't honestly say that they've accepted this offer ( despite obviously continuing to make this payment ) and, we've received letters saying that the information re card holder is incorrect which it's not. According to the CCCS, Capital One regularly say this particularly if it's'a joint DMP with the first name on the DMP being the one not on the cc.
We've been given a week to contact them to arrange a suitable payment plan otherwise the account will be passed on to their solicitors. Seems a pretty standard letter to me.
We wouldn't be able to pay them anymore than we are doing so currently and, surely they'll have our SOA which will highlight this as we have 14 creditors to pay off at the moment.

First thing on Monday I'm ringing the CCCS regarding this.
My question is if anyone can help in the meantime, that my OH has held this cc since before 2007. We've acknowledged the debt by paying token amounts but is it possible to check the enforceability of this debt despite being on a DMP with CCCS ? The account has also been defaulted on 2 or 3 occasions.

Karen.

DarkConvict

You can check enforceability of the credit agreement at any time, its your legal right to do so.
Oddly enough, if you find it to be unenforceable CCCS will not stop making payments to them. Another member had a letter from Lowells stating they lost the agreement and would not send further demands for payment, they told CCCS and CCCS kept on sending payments.

Odd, but i am sure they will work it out, unenforceable debts are lower priority than enforceable ones so you should only pay enforceable debts to begin with. An agreement must be enforceable if they want a CCJ via the courts. The idea of passing to solicitors is nothing more than sending it to a debt collector.

If they do try for a CCJ, your DMP provider will just say to admit to the debt, do not do this. Defend our cases and strongly show they were included on the DMP and they are getting the most you can afford, failure to do so could make it so the court forces you to pay them more. You must defend the case, not just admit to it.