Cap 1

[winner12]

Hi
Thought I would post here now
Complained to FOS about CAP 1 not accepting DMP but the FOS said I had not given them all info requested wage slips bank statements etc (not working or claiming just raising kids partner helping me pay all debts in my name partner did not want cap 1 looking into all his earnings)did send SOA done with the help of CASHflow through National Debt Line but all to no avail.I did SAR and recieved original application form but no formal agreement I have not paid since October 2010 I had paid them pro rata £15 per month which they took but never accepted my DMP only freezing interest and charges when they passed me to credit solutions what are they likely to do next had all threats from credit solutions and a 40% F&F already is this all normal its sounds a little fishy to me

[The Debt Star]

Re: Cap 1

Try to pay them what you can afford, if its £15pm do so. let them refuse your dmp, so what? I can't see what they can do about a fait accomli situation like this, other than to jump up and down and throw their toys out of the pram and pass to a DCA which they have now anyway

Just pay capone direct the amount you can afford each month and ignore crudit solutions.

they've probably already defaulted you, trashed your credit files but (a) you might not care and don't need credit now anyway; and (b) if crudit solutions or capone take you to court and get a CCJ you won't be ordered to pay more than you can afford .

as to what they are likely to do next i would have thought either try to get a CCJ or maybe get a statutory demand

The 40% F&F is normal. If you can pay them maybe this is the time to offer them 10% as a F&F? Worth a punt.

anyone else any thoughts? can they take the partner's earnings into account and ask for his payslips? if the debt isn't in his name??

[winner12]

Re: Cap 1

Thanks Debt Star
I did wonder what they would do next will pay them as before and ignore their letters they did say they will only file them now anyway and not reply

[winner12]

Re: Cap 1

Hi all
Just paid them pro rata offer and everthing is very quiet no letters from Cap 1 or their DCA agents will make the most of it whilst it lasts if I only have original application and no CCA with my SAR do you think they may take 10% as F&F

[winner12]

Re: Cap 1

Hi quick update had a letter from OFT stating they are not sure if the trader has a consumer credit licence and need more info does anyone think its worth persuing should I send them a copy of everything I have from when Cap 1 would not help and all the threats from credit solutions will it do any good

[The Debt Star]

Re: Cap 1

sorry, what trader? Cap One?!

If Crudit Solutions, then you are presumably sidestepping them and paying Crap One directly aren't you?

[winner12]

Re: Cap 1

Hi
Yes thats right I am not dealing with Credit Solutions have paid CAP 1 direct as you advised thats why Im wondering if I should just carry on paying CAP 1 direct and forget about OFT now not really getting anywhere and have been defaulted by Cap 1 so interest and charges have finally stopped but it took the FOS to tell me this had happened what do you think ?

[The Debt Star]

Re: Cap 1

Is the FOS complaint Still current? The OFT are a waste of time imo as they won't investigate individual cases.

If the FOS complaint is still 'live' then suggest you persevere with it WHILST paying Capone. You may get some compensation awarded by the FOS for the distress and inconvenience capone have caused you. In my view, Capone refusing our DMP proposal is distressing and unreasonable and worthy of a FOS complaint because you are clearly in hardship and have made every effort to be proactive and do something about it.

Does anyone else have a view on this?

[winner12]

Re: Cap 1

Hi
No its out of date now since 15/12/10 I sent everything I had on Cap 1 so there was no more info I could give to the FOS which could support my case.
FOS had stated because I had not given CAP 1 wage slips details of benefits etc they had acted within OFT guidlines but I did write to CAP 1 stating my partner was helping with my debts while I am at home with our 3 small children and not working (have been trying to get a job for over a year now )not claiming benefits only child benefit all declared on SOA that i prepared with the help of National Debt Line(CASHflow)they have frozen interest and charges that the FOS claim is not adding to my hardship so now its rumbling on with Credit Solutions who also are refusing my DMP I have 5 Creditors 4 of whom have been accepting my payments with no hassle since April 2010 thats why Im at a loss what to do next CAP 1 are one of my smallest crediters too its mind boggling

[The Debt Star]

Re: Cap 1

You can always start a fresh complaint with the FOS, thereby placing the account in dispute (but continuing to pay Crap One under your DMP proposal). To my mind they have no right to demand to see your partner's income as I would have thought you should/could be treated as non-associated persons (but do you have any joint accounts, debts and investments though?).

Am hoping someone more 'in the know' will post up here with a view on whether Crap One can demand your partner's financial details. The account is not in his name.

Anyway, a fresh FOS complaint about the existing issue will gridlock the matter I would have thought and will make it difficult for Capone and their DCA to obtain a CCJ.

[winner12]

Re: Cap 1

Hi
Thanks for all your input yes we are financially linked with our Mortgage but no other debts he does not want to disclose his income either so I was hoping for pointers has to what to with FOS and how to word a new complaint what would I need to send them would it be everything again I have not written to CAP1 or Credit Solutions since the FOS response but have not heard from them either

[The Debt Star]

Re: Cap 1

Will ask Casper to take a look at this thread.

[winner12]

Re: Cap 1

Thanks
Any Help would be much appreciated

[Caspar]

Re: Cap 1

Hi Winner, and thanks DS for pointing me to this thread!

I'll look into this fully later on as I'm trying to finish some "proper" work for tomorrow which I haven't even started completing yet!

DON'T TAKE THIS AS 100% RIGHT but my gut reaction is if you and your partner have a joint mortgage and share a house, then you will be regarded as officially living together and so will need to disclose his income. They tend to base the ability to repay debts on the household income, not just on the person who owes the debt.

I'll get this work done and then I'll have a serious poke around for you. I promise you're top of my list once I finish what I've got to do.

Sorry - a final but very critical question. Did you run up the debt before you were linked with your partner, or while you've been linked with him? It makes a BIG difference!

Caspar!

[winner12]

Re: Cap 1

Hi
Thanks for your speedy response I ran up the debt mostly from when we were financially linked but none of my other crediters have asked for income etc they all accepted my CASHflow statements which were done with the help of National Debt Line at the time NDL told me most crediters had agreed to accept CASHflow DMP including CAP 1 I must also add I did not tell my partner about my debts he found out which has been very difficult and also would they expect me to pay more than worked out on my DMP or are they wanting proof of me declaring everything I have nothing to hide just want to get it sorted and the FOS also stated I should now negotiate with Credit Solutions but they are acting as agents is this correct