Capital One card and various DCA's

[pallaz1851]

As a Father, this has ended up on my desk and I am the 'last' to hear of it!

My daughter took out a Cap 1 card sometime before Feb 2006, the first correspondence to trace back is from a Bryan Carter & Co Solicitors with a claim no and warrant no and charges of £77.25 over and above outstanding amount listed on Cap 1. She did not respond! It would appear this never went to Court.

Next contact is letter from Cap 1 stating account sold to Lowell portfolio on 14/03/2008 also received letter same date from Lowell confirming they are now the recover agents, the amount has gone back to the amount Cap1 stated in the first instance. three more letters from Lowell dated within 05/2008 asking payment, various threats.

Next contact is letter from 'red' DCA 21/08/2008 and 10/09/2008 still the amount is unchanged from Cap 1 figure. Final letter from 'red' offering settlement of 50% which my daughter did not take up!

Next contact are three letters from Credit Resource Solutions 07/04/2009 all within the month. The figure has now gone back to original Cap 1 figure. Final letter threatens with HL Legal Solicitors comencing legal procedures for CCJ.

Next contact is LOWELL back 19/08/2010 - statement of account letter still same amount as original Cap 1
Same date comes Buchanan Clarke & Wells!! (I personally love/hate them!) with formal demand for the same amount as original Cap 1.
Before telling me of all this, my daughter rings BCW because they are harangueing her at work, she is not allowed to take calls at work, so could jeopardise her position (working Mum one child) - not on!!
they pressure her into a possible repayment plan but require her income & expenditure filling in on the forms they have sent her asking for proof of income, benefits etc....

Now she comes to me!! How many of the above are related Companies??

So, I am new to this sight but have really enjoyed and absorbed/learnt a lot from reading the threads.....

Anyone out there can tell me where to go from here please.....much appreciated.

[Caspar]

Re: Capital One card and various DCA's

Your best bet, if you haven't already done so, is to read CurlyBen's thread on Dealing with DCA's - it talks you though step by step and can be found here:

Dealing with DCA's - Legal Beagles Consumer Forum

[pallaz1851]

Re: Capital One card and various DCA's

Thank you Caspar and I shall read the thread, my immediate worry was how to stop BCW from jeopardising her job in their constant ringing the company she works for?
Are there any ways to enforce them to back off?
It is not my intention for her to avoid the debt, I want an ammicable way to resolve it, if she had come to me when they offered 50% I would probably have explored that avenue.

[Amethyst]

Re: Capital One card and various DCA's

This may be of help regarding your daughters workplace receiving calls.

Legal Beagles Consumer Forum

[Amethyst]

Re: Capital One card and various DCA's

Sounds like after she defaulted on payments Cap One just chucked it out to the DCAs who have been fighting to collect it since.

Who are BCW acting for ? Lowells ?

A CCA request should get them to back off a bit, as should the telephone harrassment letter, and you can come to an arrangement to repay the debt to Lowells, at the original amount owed to Cap One, less any default/late payment fees, at a monthly rate she can afford to keep up payments on. She really doesn't want it going to a CCJ and affecting her credit record any further.

CCA request info Legal Beagles Consumer Forum

[winner12]

Re: Capital One card and various DCA's

Hi there
Read with interest your thread I have been battling away with Cap 1 for a year trying to set up a repayment that they wont accept (got a thread on credit cards) it seems they like to bounce you around lots of DCA I`m on the third so far and none of them have recieved any money from me I pay CAP 1 direct thanks to Casper and The Debt Star who have been very helpful my letters dont say they own the debt so I keep sending Prove it letters everytime a DCA contact me think its CAP 1 messing everyone about really

[Master Yoda]

Re: Capital One card and various DCA's

She really doesn't want it going to a CCJ and affecting her credit record any further.

Is a CCJ worse than a Default on one's credit file?

[pallaz1851]

Re: Capital One card and various DCA's

re Amethyst and Winner 12,
Thank you both for input, I am learning every day! who says they can't teach an old dog new tricks?????
re BCW - they are Buchanan Clarke and Wells - the main collector for E.on - see my other threads - I love/hate them - they are thugs!!!!
Inrteresting - Winner 12 - if you pay Cap1 direct do you just send the payment ref your account and leave it at that?? ie no contact and in your opinion would they accept the 50% discount the DCA offered??? - I might try to negotiate from there. Lol

[Caspar]

Re: Capital One card and various DCA's

I've read of Cap 1 refusing settlements from quite a few people recently. There was somebody the other day who'd had pro rata offers accepted by 6 out of 7 creditors and Cap 1 were the one who wouldn't agree.

The Prove It letter and CCA are good starting points - keep us posted and we'll take it from there.

[Amethyst]

Re: Capital One card and various DCA's

It takes more points up I think(ie gives you a worse credit score than defaults) and also goes to the CCJ register which can affect employment etc. depending what industry you work in. Plus it gives the DCAs the option of enforcement by charging order, attachment of earnings, bailiffs etc. So best avoid if possible. If that side of things isn't a problem for you, then if the lenders are unreasonable it can be good to get a CCJ as the court can reset the interest/freeze itand set installment orders at an affordable amount so the hassle stops and the lenders can't keep asking you to up the payments.

[Master Yoda]

Re: Capital One card and various DCA's

Useful, thanks.

[pallaz1851]

Re: Capital One card and various DCA's

re Amethyst,
I have saved your ref to the harrassment letter and will work with it thanks!

re CCJ's my daughter has got herself into a mess...I will be posting another thread re car finance but I haven't got into it yet!! (what are Fathers for??)
S
So, without going into it , she has a charge against her property I therefore think the impending CCJ is unimportant with regard to her credit file, I just want to settle on an appropriate sum and then apply for a satisfaction notice with the 3 agencies (will ask you how to do that in time) .
In this Financial climate it wouldn't matter if she were totally clean, she couldn't get finance without belt and braces from Banks/Financial institutions anyway....I think the whole world should de- leverage and let's see where the Banks go from there......but that is my opinion.

I just read that the US Banks have reposessed over 1 Million houses off families in 2010...utterly frightening. and in my opinion what blows from USA usually reaches here in 6 months...note the BOE holds interest rates today...but for how long?????
Lol

[winner12]

Re: Capital One card and various DCA's

Hi again
From advice ive had and read (loads) they may accept less than there offer I was offered 40% you could say you have X amount to offer maybe 20% and work it out with them until you get to a figure your happy with its an old debt but find out who has the right to collect it first and I pay CAP 1 direct from my bank account by bill payment system no probs yet they could refuse any other payment method and I would never pay them with my debit card free gratas to take what they like it seems