Cap 1

[Caspar]

Re: Cap 1

If the agreement is only in your name, it is your debt, not your husband's. SINCERE APOLOGIES if you'd already read the link previously here - it was American - one of those day!

However, that in no way means they can ask for details of your partner's income. Only a court can demand you produce an Income and Expenditure sheet (IE sheet), nobody else. While this is the law, it can make your case stronger if you do fill in an IE sheet voluntarily and send it in proving financial hardship.

At this stage in proceedings I'd continue to pay Cap One regular as clockwork as you have been doing. When you mention Credit Solutions do you mean Credit Resource Solutions?

I'd also send a letter along the following lines:

Your Address

Date

Dear Sir/Madam

Ref: Your Reference.

Thank you for your letter concerning the above account. I am sorry that you felt unable to agree to my offered monthly payment as all of my other creditors have agreed to my offer (see enclosed letters as proof of this).


They have accepted that my circumstances are such that I cannot realistically maintain the payments ideally required, and have agreed that until such time as my circumstances change I have little option other than to offer you this payment which I believe is substantially more than I would be ordered to pay should this go to court.

I would therefore be grateful if you would reconsider your decision not to accept my offer of payment.

Please take the following information into account when making your decision.

1. Despite being in a position of clear personal financial hardship I have maintained a level of payments which has been very difficult for me.
2. ALL other creditors have accepted my offer of payment due to my financial circumstances.
3. I am unable to increase my offer of payment to you without upsetting all the other arrangements already made. It is my view that I should endeavour to treat all my creditors fairly.

I would therefore be grateful if you would give careful reconsideration to your decision and accept this offer. Should you not feel able to agree to this request, please give me a detailed reason why this is the case as I am trying my best to keep all my creditors up to date with my situation and also to pay them as much (and probably more) than I can really afford.

I look forward to a positive response to this letter.

Yours faithfully


Your Name

Finally you may find this link useful - it's a good site:

Debt Factsheets - What if a creditor refuses my offer of payment?

[Crispybacon]

Re: Cap 1

Have a read of this:

Can a debt collector sue my wife or husband for my debt?

The website link above is an American webiste and a lot of information in it is based on laws/regulations in the US therefore be careful using any information on it as it may not be relevant.

This article from the National Debtline you may find interesting:

http://www.thisismoney.co.uk/credit-...in_page_id=188

Crispy

[Caspar]

Re: Cap 1

The website link above is an American webiste

Crispy

Oops - sorry!

[winner12]

Re: Cap 1

Hi Casper and Crispy Bacon

Thanks for all the info and links (albeit American ones)

Casper the letter you kindly submitted I have already sent 3 times and complained to there Executive office their response was seeing as you have not sent proof of income as requested on numerous occasions we are not in a position to accept your offer if you send proof of income we would reconsider and set up a long or short term plan please indicate which one you would be interested in

Then I resent my SOA and the letter above (Caspers Response letter) asking to set up a long term plan there response then was we are unable to offer you a payment plan at this present time even after sending these letters to the FOS they still sided with CAP 1 surely it cant be right from all you have said above

[Crispybacon]

Re: Cap 1

Hi Winner12

I recognise your situation with Cap1 and the FOS from other consumer forums (If you're the same Winner12 with this situation that is - apologies if not!) and it would seem that the FOS decision to side with Cap1 is something you want to take issue with and counter in some way?

Personally I think the position of the FOS (fair or not) is now something you have to drop. If you don't you are wasting your energy on something you cannot change when you should be using this energy on other things.

A bit harsh I know but you need to drop this thing with the FOS and now approach Cap1 like any other unhelpful lender.

The big question really is what are you trying to achieve?

As far as I can see you already have got some results:

1) No enforceable agreement?

2) Frozen Interest and Charges

3) Offer of 40% reduction of balance as a F&F settlement figure

I appreciate you may not be able to afford to to pay a F&F settlement but if you were paying them £15/month anyway then a couple of things were going to happen:

1) They will eventually accept your £15/month as all you can afford (which they are informally but they are just subjecting you to harrassment which is normal behaviour for DCA's)

2) They will take you to court. If they have an unenforceable agreement and you have been making payments to them in line with what you can afford and can demonstrate this then this is highly unlikely. However this might actually work in your favour as a Judge will likely only award what you can afford anyway.

As you are not paying them anything (I assume due to advice you have received regarding potential unenforceability of the agreement) what are you expecting them to do as a debt collection agency?

Unless you can demonstrate beyond any doubt that the agreement is unenforceable what do you expect a debt collection agency to do? Unfortunately they will continue 'enforcement activity' regardless. I know this is harrassment but unfortunately that is par for the course.

The fact that you have been offered a 40% F&F settlement figure may suggest that they know the agreement is unenforceable, but recent court cases make this route more risky and you need to be aware that if you go to court on UE basis then you could lose and also be liable for costs.

As I mentioned what are you trying to achieve? Its difficult to give advice not knowing what you want from this.

Best

Crispy

[The Debt Star]

Re: Cap 1

Useful input Crispy. Thanks.

[winner12]

Re: Cap 1

Hi Crispy
Yes its me and I have been wondering about everything thats why I posted on here I am now paying CAP 1 direct as suggested by Casper and The Debt Star and ignoring the DCA the unenforceable route is risky and I would like to pay them back I have also just recieved another letter this morning from a different DCA Scottcall so it goes around in circles and if its only one crediter out of 5 then maybe its not too bad and I will follow all kind advice given by all if things change I will update .

[Caspar]

Re: Cap 1

Hi Casper and Crispy Bacon

Thanks for all the info and links (albeit American ones)

Casper the letter you kindly submitted I have already sent 3 times and complained to there Executive office their response was seeing as you have not sent proof of income as requested on numerous occasions we are not in a position to accept your offer if you send proof of income we would reconsider and set up a long or short term plan please indicate which one you would be interested in

Then I resent my SOA and the letter above (Caspers Response letter) asking to set up a long term plan there response then was we are unable to offer you a payment plan at this present time even after sending these letters to the FOS they still sided with CAP 1 surely it cant be right from all you have said above

Can you post up the letter you sent. It wouldn't have been the same as I wrote that one for you based on the template letter when you've asked for a debt to be written off and they've refused.

[winner12]

Re: Cap 1

Hi sorry Casper
I should have said on similiar lines to the letter above I also enclosed copies from my other crediters who accepted my DMP but they still ignored them its seems I just need to hold pay them my offer direct and just wait and see what happens will be sending prove it letter to Scottcall it seems the debt is bouncing around all over the place at the minute

[Caspar]

Re: Cap 1

Hi sorry Casper
I should have said on similiar lines to the letter above I also enclosed copies from my other crediters who accepted my DMP but they still ignored them its seems I just need to hold pay them my offer direct and just wait and see what happens will be sending prove it letter to Scottcall it seems the debt is bouncing around all over the place at the minute

Absolutely right to send Prove It to Scottcall. Unfortunately it is what happens to debts, and it can make it VERY confusing for the debtor trying to sort things out as you can easily lose track of who is dealing with it, who actually owns it, who you should pay (always the original creditor if unsure!) etc.... It makes you wonder if it's deliberate.

[winner12]

Re: Cap 1

Hi Casper
Thanks again you are right
I have never recieved a goodbye letter from CAP 1 before a DCA letter demanding payment ,unlike Barclays and MBNA who sent letters before passing me on and both DCA i dealt with both accepted my offers with no hassle and no threats of doorstep collection, which is why I find all this business with CAP 1 very underhand thats life with debts I am beginning to accept but will keep battling away

[The Debt Star]

Re: Cap 1

.... It makes you wonder if it's deliberate.

you can bet yer ass it is
------------------------------- merged -------------------------------
Winner, the best strategy in the interim IS to keep paying Cap One what you can afford.

Have we got to the bottom of the issue as to whether the partner's income should be declared to Cap One and/or their DCA threat monkeys?

[winner12]

Re: Cap 1

Hi again
Well its my debt in my name and I gather he is not responsible for my debt would you send your pay slips/bank statements in my situation I have sent Income and expenditure sheets over countless months its like stalemate sorry to keep going on but why are they been so stubborn no other creditor or DCA I have debts with have been so deliberately none cooperative and the Debt Advice I was given by National Debt Line was that they only needed to see the income and expenditure sheet have I been wrongly advised
Thanks in advance

[The Debt Star]

Re: Cap 1

I honestly don't know. Have you asked Citizens Advice? IMO your partner has nothing to do with this and I agree with you, but since when has the system of debt recovery ever been logical or fair? Indfeed, it is getting less and less fair. Perhaps they can ask to see confirnation of your partner's income because you jointly pay the mortgage, as Casper says above.

At the end of the day, if they take you to court you will not be ordered to pay what you cannot afford and an order cannot be brought against your partner as its not his debt! So I would have thought that the stalemate works very much in your favour TBH and that Cap One would only lose money obtaining a CCJ they can't enforce! But then again logic goes out of the window because they have debt recovery systems that chug along regardless.

Sorry I can't be of more help. I hope someone will come along with the answers. Try PM'ing Angry Cat or Culy Ben. They may know.

[winner12]

Re: Cap 1

Hi all
Its all quiet out there not heard anything from Scotcal or CAP 1
So Im paying eveyone what I can and it feels weird to not be doing a load of letters
Thanks Debt Star for Curlyben advice tried PM (no reply) so its a sit and wait for their next move
Would DCA be more likely to keep passing the account around if they know its unenforceable