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Strange letter from Capital One

Hi Folks,

I received a puzzling letter from Capital One. I requested a CCA and sadly they had it and sent me a copy lol. It's post 2007, my signature and appears to be in order.

The cover letter stated curtly that they have the required paperwork, the debt is enforceable and they would not correspond with me again regarding enforceable status. Fair enough.

They went on to state that they were not seeking to enforce the debt and merely asking for a token payment. That seemed odd to me, that they would put that in writing. The debt is over the £5k mark, they have the paperwork and I haven't paid them anything in months. There seems no reason they would rule out pursuing it in court, even if that action wasn't imminent.

Has anyone else seen something like this?

I contacted StepChange to see if they knew what this meant. I received an email from them assuming that I was mistaken and they (CapOne) were taking about a CCJ. They gave me chapter and verse about CCJs.

I responded, clarifying that it wasn't a CCJ, it was a CCA request and they had not made reference to any formal recovery action. The next reply again assumed I was mistaken and said the debt was probably statue barred, it's not.

I didn't respond to that email. I didn't think it was too difficult to interpret what I was asking, so I just left it. I'd welcome any ideas you may have about whether their statement is significant, favourable or just me overthinking things. Thanks in advance.

Comments

  • sourcrates
    sourcrates Posts: 31,944 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    edited 2 September 2017 at 10:50AM
    Hi,

    They are trying to reassure you, they are not looking to take action to enforce the agreement, all they want is a repayment plan from you.

    Its to encourage you to contact them and work something out.

    They probably see no benefit in court action at present, possibly due to your circumstances.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • fatbelly
    fatbelly Posts: 23,229 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Cashback Cashier
    As above, plus they have one eye on it going statute barred, and they don't see it as cost effective to start a court claim

    If you can be persuaded to make a payment, even £1, then they can forget about that possibility for the next 6 years.

    They will probably be thinking about selling it to a debt buyer
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