Capital one advice please

piglint

On a DMP i have been paying cap one a fixed ammount.I sent a full SAR request to cap one who sent various bits of info but no CCA.The account has now defaulted and gone to Iqor should i still pursue whoever for my Credit card agreement as it was taken out in 2004

RAS

Who is the DMP with?

piglint

Hi Consumer credit counselling service

RAS

GOOd.

CCCS will not enter into a dispute with any of your creditors, so they will probably not allow you to take the Cap1 debt out of the DMP, at this stage anyway.

Cap1 are well known here for not having CCAs, most times they send an application form.

What this does mean is that if Cap! or the DCa try to take you to court, you can defend the case completely, on the grounds that there is no valid legal agreement.

You have to be careful as if you send the court papers to CCCS they will admit the debt and you end up with the CCJ.

So come back here and either NID or 10past6 will help you defend the case.if it is a lot of money, you would be wise to leanr up in the mean-time as you need to learn the law not just copy internet defences that you do not understand.

piglint

Hi thanks for reply,i do not wish to take the debt away from the CCS but thought it would help me get a better full and final offer in to iqor that's all

RAS

You bet it will. Point out the there is no legal basis for the debt and they should be very happy to get anything. One big bank accepted 10% on a large loan recently.

piglint

Cheers for the advice and word's of wisdom,all very much appreciated

RAS

That was at the court door, when they realised the poster was serious, but gives you an idea.