Cap One - default received. What's next ?

MichaelCR

Caponehelp wrote: »

Outstanding amount is £2500.

Can they just get an attachment on earnings and there's nothing I can do ?

Thanks for your reply

Absolutely not from my knowledge, A good thing to do would be to phone up your local citizens advice bureau, It is free and confidential, They will also book you an appointment to speak to an advisor who will help you with any problems or questions you have, They will help you to write up letters (they did this with me), And where generally a massive help.

Caponehelp

Thanks Michael (and for the PM). After a bit of searching it would appear that they can go to court and get an attachment. But I'm not clear on whether this can only be done if I miss a payment on an agreed payment plan. Well at the moment I have no payment plan as they are point blank refusing my offer of payment.
If anyone could clarify this point I would be very grateful.

kerrypn

Just to reiterate-Debt collectors cannot enter your home at all without your permission-and if they did try and enter through an open window or door, phone the police!!!

Bailiffs however are different and have complex guidelines to follow-which I wont go into here as I dont think you are at this point yet.

DCA's are notorious for trying to squeeze the most money out of you. Do not allow yourself to be bullied.

Take advice from one of the debt charities National Debtline, CCCS or CAB.

HTH

Callisto

If you have made an offer of payment (that you can realistically afford) and they have refused, send the payment anyway along with a letter, stating that you will pay this amount monthly and to only contact you in writing in future.

Keep copies of all letters and ideally send the first letter so they have to sign for it and send a cheque if possible, so you can show the cheque has been cashed on your bank statement. If they do threaten further with court action, you can demonstrate you have a payment plan in place and that you are sticking to it.

This is what I did with my partner's credit card debt as he was ill and couldn't pay, so Halifax defaulted him and sold the debt onto three different debt collection agencies - I am now paying £16 a month and they have stopped calling. We had a lot of phone calls to start with trying to force us to pay more, but most of what they say is utter nonsense - only pay what YOU can afford and don't let them bully you!

Regarding the attachment of earnings, you say you are self employed - they can't make you deduct from your own wages - would have thought this would only be applied to people with an employer/payroll section?

Edit - we have also had threats of doorstep collectors, but they have never turned up - think it is another of their bullying tactics...

Caponehelp

Sorry, I missed out the bit that I got a job a month ago :lipsrseal

So effectively sending them an unsolicited payment is OK then ?

I might just give that a go.

Thanks

yenool

Debt collectors do not have the power to enter homes or take goods away. Only court baliffs can do that.

Unless your debt is massive they wont CCJ you anyway and in all honesty there is !!!!!! all debt collectors can do apart from send threatening letters - they may harrass you by phone given half a chance but if you insist all contact is writing only then they have to stop calling. When you find out who the debt is now with just make payments YOU feel you can afford given the circumstances... even if that is only £1 a month and they refuse, keep sending the payment. - By making some effort to pay you can show a judge that you have tried your best to pay given the circumstances and that will go a long way (In the very unlikely event they do try to CCJ you).

meerkatsmimm

hi,
cap one are like a dog with a bone...they never give up in my experience.
however it is worth while to get your paper work in order....cap one should have sent you a sequence of letters before things have gotten this far...

did you receive a default notice giving you a certain timeframe to rectifiy the arrears?
if you didn't get this then the unlawfully terminated your account.

have your requested a copy of your credit agreement? if they are unable to provide a true copy of your agreement then legally they are on shakey ground when it comes to enforcing the debt...

regardless is it at all possible to get a loan? at £60 a month you could clear the debt in 4yrs or so....

don't get bullied, and keep contact in writing and try not to phone as you could get tripped up without even knowing it.....

xx

Caponehelp

OK,another update.

I sent a letter to Cougar saying that I was going to send them £60 PCM. This I did , but just two weeks after I sent the first payment a company called Fredrickson International have now taken over. I never received a letter from Cougar telling me FI were taking over, but as all their correspondence had now ended it would appear to be the case.

I sent the payment made payable to Cougar and they cashed it (about 2 weeks after it was sent!!). I received no acknowledgement from them.

I am going to write to FI, but I'm unsure what to say. I am adamant that I not going to speak to these companies on the phone as they just lie through their back teeth and contort everything that is said :mad:

I am prepared to pay the same amount to FI that I agreed with Cougar and will send them a cheque made payable to them.

Is it OK to say why I am writing and not calling ? i.e. that I want every transaction and conversation in writing so that I have some backup as I have been misled in the past ??

Does anyone know what happened to my £60? It doesn't appear on FI's invoice they have sent me, although £200 interest does.

Help ! :eek:

izools

£200 interest? On a closed account? Hmm...

Write to Cougar requesting they investigate what's happened to your cheque and write to you showing where it is.

Then forward this correspondence on to FI so that they can update their records.

Good luck!

Wallhart

Not sure so don't take this as gospel but ask for it back. If they haven't taken it off your debt then surely there is something illegal. Make sure you get a copy of the transaction on a statement and from the bank.

I would maybe wait until someone more qualified suggests what to do.