Credit Card Default

sheppy73

Hi there,
this is my first post so apologies if it is in the wrong place but I am sure, having read several threads, you will be able to point me in the right direction.

My partner recently defaulted on a Capital One credit card and have now started receiving letter from Debitas (Capital Ones in house collection agency)

We have offered them £75 a month for the next 12 months (and made 1 good will payment of this amount)while we sort out our finances but they say that while 'they are not refusing the offer, nor can they accept it".

They have now sent an income and expenditure form which asks for household income and expenditure rather than just my partners.

Can they insist on completion of this form including my income etc as I thought legally the debt belonged to my partner ?

Also is there any way we can make them accept the previous offer of £75 a month for 12 months?

We also both work nights and find the frequent calls during the day are creating stress and disturbing sleep patterns, can we insist they call at particular times or restrict them to contact by letter ?

thanks in advance :rotfl:
Sheppy73

CLAPTON

they can't insist that you fill in anything at all.
you must make a judgement as to whether that's in your own interest or not

there is no way of forcing them to accept 75 pm either; however you can just continue to send it to them.

you can of course turn off the phone when you are sleeping; but write to them saying you only wish to deal with them in writing

izools

If they continue to call whilst you are trying to sleep, after you have written to them requesting written communication only, they will be in breach of the Telecommunications Act and be liable to be sued for damages.

bluffer

look at it this way. you owe them money, you are asking them for a large favour in ( presumably ) cutting payments to them. why wouldnt you want to help them see the difficulty you have in making the payments.

the more you put hurdles in their way, the more likely they are to say no. and no you cant make them do anything at this point.

for the phones calls, tell them to call at certain times because of your shifts say 4pm to 9pm - if that doesnt work. phone and politely speak to a manager, explain the situation and that its in their best interests to call at the agreed times as you will be more mentally alert and able to deal with the phone calls etc etc - maybe mostly bs. but dont take the adversarial route straight off. all it does is get their backs up.

remember the person on the other end is human as well. give them a reason to go an extra mile rather than strictly by the book or worse.

PNPSUKNET

Bluffer I really agree, people too much think companys are been difficult so they refuse to provide proof. In effect it just makes things worse, a lot on here are about how can I avoid paying.

dtaylor21184

i also defaulted on a capital one card a few years ago and at the time offered to pay £20 a month which they wasnt happy with but sent me a form like yours and after filling it in and them seeing my income ( which at the time was very little) they agreed to it and i paid £20 every month without fail.

not sure if that helps but if £75 is all you can afford then filling in the form will just show them that.

coolesticeking

I had two options with Capital One:

1) I could either make 6 equal lump payments to them to clear the debt off and they would not put a default on my credit file, they would say that I had an "Arrangement to pay" and could use the card after after I cleared the lot.

or

2) If I could not afford the 6 lump payments to default on my credit file, close the account and fill out the income and expenditure form to allow a payment that I could afford and they now review this every year.

I had to pick the second one around two years ago now...

Pinkruth

The problem is the default is not Capital Ones fault. By sending you the income and expenditure form they are trying to help. If you fill it in they may decide that a lower payment would be acceptable. Asking for the household income is a way of them seeing if any hardship would happen and making a realsitic decision on amout repayable. If you have nothing to hide then I really wouldnt worry about it too much. I would fill it in, but keep making the payments until you hear back form them. At least this way there will be a paper trail, but dont forget to take copies of anything you send to them.