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Can Capital one ask to see bank statements?

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24

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  • Jam_Buttie
    Jam_Buttie Posts: 145 Forumite
    They were getting £1.00 a month but since my review, I have now found I can offer them £5.00 per month.
  • ALIBOBSY
    ALIBOBSY Posts: 4,527 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    I would be very shocked if this acc isn't defaulted already, most banks did default as soon as anything other than contractual min pay is made
    They are just trying it on to threaten you for more cash
    Send them and income/expenditure list,repeat the offer and make the first payment.

    Ali x
    "Overthinking every little thing
    Acknowledge the bell you cant unring"

  • chuckley
    chuckley Posts: 4,405 Forumite
    Part of the Furniture
    capital one refuse payments all the time, hence y they dont take u to court. bank transfer and they wont refuse it. or just keep paying £5 and they'll just shut up.
  • Jam_Buttie
    Jam_Buttie Posts: 145 Forumite
    CAB told me that as long as I pay them every month there is nothing they can really do. Even if they took me to Court, the Judge wil see that I have been paying them each month anyway.

    All my bills get paid the first week of the month, so they can have my fiver along with the rest.
  • stebiz
    stebiz Posts: 6,592 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Jam_Buttie wrote: »
    CAB told me that as long as I pay them every month there is nothing they can really do. Even if they took me to Court, the Judge wil see that I have been paying them each month anyway.

    If somebody at CAB said that, they are talking BS. A judge would have a duty to issue a judgement, if proved you owed the money. The judge would then ask for income/expenditure, if you were unable to pay in full.
    Ask me no questions, and I'll tell you no lies
  • callum9999
    callum9999 Posts: 4,434 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Jam_Buttie wrote: »
    Well they can keep asking then as I don't see how it is any of their business. i've told them what they can have.

    You don't see how it's any of their business? You borrowed their money and now are refusing to pay it back like you agreed to (whether it's your fault or not). You are claiming you can't afford it and just give them a token sum each month - I think it's well within their business to check your bank statements...
  • chuckley
    chuckley Posts: 4,405 Forumite
    Part of the Furniture
    stebiz wrote: »
    If somebody at CAB said that, they are talking BS. A judge would have a duty to issue a judgement, if proved you owed the money. The judge would then ask for income/expenditure, if you were unable to pay in full.
    and the judge would side with the debtor meaning court fee's paid by the creditor... hence y MOST dont take u to court when paying... no matter how little!
  • stebiz
    stebiz Posts: 6,592 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    chuckley wrote: »
    and the judge would side with the debtor meaning court fee's paid by the creditor... hence y MOST dont take u to court when paying... no matter how little!

    Not quite sure where you get that information from. Perhaps you could back it up with a source.

    A judge will never side with anybody, other than consider the facts he/she has in front of her. If in this case the judge found that the defendant owed Capital One the money, I'd find it hard to see how he would award costs to anybody other than the creditors. The basis being that the money is owed and the debtor will not provide bank statement to substantiate their token monthly payment.

    The reason Capital One (like a lot of others) don't take debtors to court, is because they risk the chance of losing, and half the time if the minimum payment was awarded, it could take them 3 years payments, just to get their legal/court costs back.
    Ask me no questions, and I'll tell you no lies
  • chattychappy
    chattychappy Posts: 7,302 Forumite
    stebiz wrote: »
    If somebody at CAB said that, they are talking BS.

    Sadly this is true. You can get great advice from a CAB, but sometimes they dish out appalling advice - especially in non-standard situations. "some years ago" when I was a law student, a CAB was a popular place for students to do volunteer work in a panic to build CVs. The "better" students had more fashionable "internships".

    This isn't a criticism of CABs - it's a free service and stretched. And of course you can get bad advice even if you pay top-dollar for it.
  • chuckley
    chuckley Posts: 4,405 Forumite
    Part of the Furniture
    what creditor is gonna take a debtor to court over a debt where they've been regularly paying?? regardless of how small? if u send them an i&e, they'll only tell u to give a B.S, which C1 do, which u dont have to provide.

    PLUS, C1 refuse payments anyway and I've even had 1 of their advisors asking u to use other ppls cards to pay it!! I put it all in a letter to them... never heard from them again and im still paying the lesser amount.

    so will they take u to court?! HECK NO.
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