Advice Please - Collection Service Threatening Bankruptcy

immoral_angeluk

You could try to appeal the decision about paying the benefits back.. not sure if there's a time limit though but I'm sure someone more knowledgable will be along soon.
I hate to say it but it does sound as though bankruptcy may be your best option. Please check out the bankruptcy forum as although it sounds really scary it can be the solution you need. :grouphug:

rog2

Virgo_Girl wrote: »

rog2.. Can I actually claim back any charges from Capital One?? (I know it'll get soaked straight back up obviously but that's OK!) I thought you could only do it with Bank Accounts.. the thing is they've passed on the debt on to about a million different debt collection agencies who all try phoning and writing letters but I never answer my phone and I always chuck the letters away hoping they'll leave me alone eventually.. (I know it's a stupid thing to do!) So i'm not really sure who I should write to about it.. Capital One who say it's nothing to do with them anymore, or the collection agency?

Of course you can claim back charges from Capital One - have a look at the 'reclaiming bank charges' forum - regardless of who Capital One have passed the 'debt' to, they must still keep your records and you can put in a SAR (Subject Access Request) and they must send you everything that they hold on file about you.

You can, also, check the dca's legal authority to chase you for payment of this 'debt' by requesting a true signed copy of the original consumer credit agreement and deeds of assignment, proving whether they actually 'own' the debt. Without supplying this information, they are, legally, unable to enforce the original agreement without a court order.

Your questions regarding bankruptcy would best be answered by starting a new thread on the 'Bankruptcy' board.

stapeley

I know you were asking about Capital One , but it seems you have other debts to . So i would guess you are falling behined with them too. Your situtation does not seem to allow for an increase in income . It could be that bankruptcy would be best for you . But you must sit down and face up to your problems . I am not sure if CAB do home vists , have you anyone that could help you sort your paperwork out ? good luck

Virgo_Girl

immoral_angeluk - I sent a few letters in the first few months to the DSS asking for an appeal but they never write back, when I phone they fob me off saying they don't know what's going on. If they really believe i'm guilty why didn't they prosecute? Especially as the amount they think I shouldn't have received is £40,000!

Herbie21 - My main worry is that i'll have to shut my bank account down etc.. at the moment I have a debit card and i'm allowed to draw on cheques before they clear, If i'm made bankrupt I'll end up with a basic account without an debit card or extras, also I'm hoping to buy a house sometime in the future when i've finally sorted myself out and I see bankruptcy as a huge ball and chain, something that will stop me from getting anything I want in the future

rog2 - I was a bit surprised about being able to claim back from Capital One because i'd be asking for charges back that I never paid to them, and I figure they're not going to pay back something that I never paid to them in the first place, I don't think it will work for me unfortunately, I think its only for people who did actually pay any charges, and I didn't.. ah well never mind I will ask them for a copy of my agreement though, I don't remember signing anything though. (Does anyone know of a template and address to send it at all?) I really must make an appearence on the Bankruptcy board, i'm just a bit scared that's all. :embarasse


stapeley - I don't really have anyone to help unfortunately, I'm not very good with people i'm afraid, and the woman at the CAB refused to help because I have problems going out (i'm agoraphobic and just can't deal with going out of the house) and she got annoyed saying well I can't help you if you won't go out of your house, so i've stayed away from them.

mummum2

Sweetie,

Just wanted to send you some hugs. Good luck

MM2x

RAS

Hi there

If you cannot get out, you can give CCCS a call, fill in their assessment forms on -line and they will do a telephone interview.

Given the limited number of people at CAb who are Financial Advisors, that might be a better option for you,.
There advice is free and they can set up a DMP etc if you want.

chevalier

What RAS said about the CCCS but what is your GP doing to help you with your health problems? And that of your daughter? Do you get DLA for her? Ask for a home visit if you can't get out of the house. You can get therapy to help with this, and I am sure it would make a huge difference to your outlook if you could successfully overcome this.
best of luck
chev

tigerfeet2006

Virgo_Girl wrote: »

immoral_angeluk - I sent a few letters in the first few months to the DSS asking for an appeal but they never write back, when I phone they fob me off saying they don't know what's going on. If they really believe i'm guilty why didn't they prosecute? Especially as the amount they think I shouldn't have received is £40,000! I would definatly see about this. Why should you be penalised? Couuld you see a couple of solicitors who do free half hours initial interviews to find out.You really need to get on top of it. Maybe get in touch with your local MP.

Herbie21 - My main worry is that i'll have to shut my bank account down etc.. at the moment I have a debit card and i'm allowed to draw on cheques before they clear, If i'm made bankrupt I'll end up with a basic account without an debit card or extras, also I'm hoping to buy a house sometime in the future when i've finally sorted myself out and I see bankruptcy as a huge ball and chain, something that will stop me from getting anything I want in the future You can open an account at the Co-op called a Cashminder and it includes an Electron card. You will still be able to buy a house. The first couple of years after discharge may be a bit difficult but it will settle down and you will be able to do most things.

rog2 - I was a bit surprised about being able to claim back from Capital One because i'd be asking for charges back that I never paid to them, and I figure they're not going to pay back something that I never paid to them in the first place, I don't think it will work for me unfortunately, I think its only for people who did actually pay any charges, and I didn't.. ah well never mind I will ask them for a copy of my agreement though, I don't remember signing anything though. (Does anyone know of a template and address to send it at all?) I really must make an appearence on the Bankruptcy board, i'm just a bit scared that's all. :embarasse I think you will find that you can claim back these charges. But have a good read of the article and ask questions on the Reclaim your...... forum http://forums.moneysavingexpert.com/forumdisplay.html?f=102
Nothing ventured nothing gained.
If you PM weller711 or Rog2 I am sure they will help you through the CCA procedure.


stapeley - I don't really have anyone to help unfortunately, I'm not very good with people i'm afraid, and the woman at the CAB refused to help because I have problems going out (i'm agoraphobic and just can't deal with going out of the house) and she got annoyed saying well I can't help you if you won't go out of your house, so i've stayed away from them.

Ring National Debtline or CCCS and talk to them about all you options. They won't judge you in any way and are quite helpful. Numbers in my signature.

tigerfeet2006

These guys might be able to help you with the DSS problem.

http://www.clsdirect.org.uk/en/about/index.jsp