Anyone help?

KellsBells

hi guys,

just wondered if anyone can help me with a query?

Husband has just returned to work after a period of unemployment, so today we've been ringing round the creditors we owe to make payment plans/payment arrangements.

Husband phoned Capquest (on behalf of Capital 1) to offer to pay £25 month to pay off the outstanding debt of £854.17 by direct debit. At first the guy on the other end of the phone said he was only able to accept full payment, and after hubby said there is no way we can do that, he said he can only accept to clear the balance over 3 payments.

Husband politely explained that we cannot commit to that, we don't have the money, and guy has said that is the best he can do. Hubby asked him 3 times to be clear that he is declining the offer of £25 a month, and the guy confirmed.

He did then say "well, unless you send in an expenditure record... blah blah blah" to which Hubby replied "no, I can afford £25 a month, nothing more..." The guy still would not accept and the phone call ended there.

What I wondered was:
1. Are they allowed to refuse an offer of payment?
2. Can they further progress legal action given that we've made an offer that they declined?
3. What should I do next?

Thanks all.x

custardy

make the offer in writing

loumac

I know that with my credit card (virgin) by direct debit they only accept the full amount or the minimum payment so I have to make payments on top to make the amount I want to pay off.

Not sure if that's relevant or helps! Sorry!

FuzzyCub

Pay your £25 by standing order or Internet banking. Quite frankly what they are "can accept" is less important that what you "can afford". They are attempting to recoup the debt faster by applying pressure that's all.

FuzzyCub

KellsBells wrote: »

What I wondered was:
1. Are they allowed to refuse an offer of payment?
They can and will say anything on the phone to get as much from you as they can. Make the £25 payment if that's what you can afford.
2. Can they further progress legal action given that we've made an offer that they declined?
If you keep communications in writing, should they (very unlikely) take legal action you have evidence. The judge will be very unhappy with them for doing so whilst refusing reasonable payments!
3. What should I do next?
Pay what you can afford. If this is only £25 that's all.

Thanks all.x

Don't be pressured into paying for than you can afford. They have no right to see an income/expenditure statement.

[Deleted User]

Whatever you do, do not give them your bank or card details. There is a very high possiblity that they could take more from your account than you agree to.

KellsBells

[Deleted User] wrote:

Whatever you do, do not give them your bank or card details. There is a very high possiblity that they could take more from your account than you agree to.

They're welcome to try, they wouldn't get anything

Thanks everyone, we'll put it in writing and send a cheque for the £25 this month.

Thanks again.x