Capital one

Hello everyone.Went Bankrupt last week and was quite surprised how smoothly everything went.Paid the fee at 4 pm and got a email at 10 am next morning all done.I have today received a default notice from Capital one appearing to say may apply for a CCJ against me.This debt £200 was covered in my BR.Any thoughts on this?

Comments

  • Bluecar2
    Bluecar2 Posts: 83 Forumite
    Third Anniversary 10 Posts Name Dropper
    HI I would just ignore it, The BR means the debt is dealt with, just answer any call you may recieve from people chasing you and just inform them of the BR as it may take a few weeks for it to filter down to them
  • Mark_b
    Mark_b Posts: 18 Forumite
    Third Anniversary 10 Posts
    Hi Thankyou I sent all my creditors a copy of the BR order so Capital One know about the BR and looking at this letter there is a section but not  clear saying I must not use the cards.It then has a list of what they might or may do Including CCJ and default on my credit file.Bit late for that I think as my file is toast .
  • They might have generated/sent the notice prior to being notified of your BR. Even if you told them, it'll take a while for them to update the relevant systems, departments etc.

    If it says "may" get a CCJ, that sounds like the standard text anyway. Will likely go away long before they attempt to register a CCJ. Could either ignore them, or send a secure message (if you still have access) with the case date/details.

    If they actually tried to register a CCJ, fairly sure you could easily bat it away with bankruptcy defence, but hopefully it won't go that far - and like you say, BR is the biggest issue at the moment anyway. Good luck with it all!
  • Mark_b
    Mark_b Posts: 18 Forumite
    Third Anniversary 10 Posts
    Thankyou I think it looks like a generic letter so I think I will ignore it and wait and see
  • sourcrates
    sourcrates Posts: 30,997 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    edited 7 June 2020 at 3:09PM
    A default notice is a legal requirement that must be sent before default, it states the actions a creditor "could" take against you, not "will" take against you, should you not comply with the terms of the notice.
    Basically its for information purposes only, and is complete rubbish anyway, as creditors always pass defaulted accounts to debt collectors, they very rarely take action through the courts themselves.

    Its all a moot point anyway, as your bankrupcy affords you legal protection from your creditors, as other have pointed out, it takes time to filter through the system.
    This notice, and any others that come, can be safely filed in the blue recycle bin.
    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
  • Mark_b
    Mark_b Posts: 18 Forumite
    Third Anniversary 10 Posts
    edited 10 June 2020 at 1:00PM
    Thanks everyone gone in the shredder
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