capital one default ?

oldgrey

I've had a capital one credit card for 5 years

Recently i've found it difficult to make payments i instructed capital one of this and although they said they understood my situation i would have to pay the minimum amount which i couldn't.

They have now sent me a letter (which was delivered today informing me that the account is offically in default and told me that a nominated representative will contact me shortly.

at 12pm i recieved a text message from FPC regarding an important matter and that i should make contact i have since got several calls which are from the same company. I havn't returned the calls yet.

Should i wait till i recieve a letter from KPC if thats who the debt is with.

I have had problems with capital one in the past making charges to my account that were incorrect and which they then repayed i'm a 62 yr old lady and i only knew of these bogus charges when they corrected them. These bogus charges acrtually made me go over the limit on one occasion. Am i within my rights to ask for details of all charges that have been made on the account since it was opened or is this unresanable.

Am i also within my rights to ask for a CCA to make sure the contract is legal ? if i am who do i send it to KPC or capital one.

I hope someone can answer these questions

thank you

Tixy

Don't call the agency, wait for them to write to you. Try to never speak to them on the phone (they'll bully you and not stick to any agreement).

If you want to send a CCA now it would be to capital one. But once the agency has formally written to say they are now collecting the account then it would need to be sent to them. You are certainly within your rights to ask for the CCA at any time.

And at the as a cca request you could ask for a breakdown of the current balance.

In order to get a copy of all transactions (including charges) on the account you would probably need to do a subject access request (£10), so if you are going to do that you don't need to do the CCA seperate as that would come as part of the CCA.

oldgrey

i'll wait till i get the letter from KPC and do a cca request does this then disallow me from requesting a subject access request at a future date ?
I don't really want to pay ten pounds if i can help it.

Now the debt is in default will interest still be added each month ?

Its all abit confusing but the forum has some good information for the people who answer all the many questions you get on here your help is much appreciated.

thanks for the quick reply

Tixy

No, you can do the CCA and or the SAR whenever. CCA is £1 and SAR £10 so you save a £1 if you do both together is all.

They may or may not continue to charge interest. If they do and you find the agreement is enforceable then it would be worth asking them to freeze them when you make a monthly repayment offer (they don't have to freeze them but sometimes will if they think you are paying all you can afford).

But don't make an offer to pay until they contact you and then send you the CCA.

oldgrey

thankfully they don't have my landline number only my mobile.

so do i wait to contact them untill i recieve the cca to see if it is enforceable that could be 14 days though

can they issue court proceedings or send a doorstop person in that timeframe ?