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Out of the frying pan into the fire!

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  • Out of the frying pan into the fire!

    Hi All,

    First of all I would like to thank all of you guys that have posted letter templates on this forum. I have recently dealt with a couple of growing concerns, one in particular that was a parking ticket that was referred to a DCA it is now sorted.

    I found out today that, in addition to this previous Parking notice (that I have dealt with by way of a payment plan) my old man owes some money to capital one. He has been out of work for almost a year and has hidden everything from me and my mum.

    It seems that it is in the region of 4k and has been passed to a DCA. Allied If I recall correctly. Capquest have been involved before but seem to have moved it on??

    After a long discussion I can now speak to them in person and deal with this but I have no idea where to start. I have no records of anything from the account and I just want to keep the wolves from the door until we have a stable income.

    I also understand that my dad also spoke briefly with The Claims Guys, about recovering some money from Cap One because of some kind of 'charges' (I cannot clarify any further I'm afraid). I understand that this amounts to £400 but he refused to undertake an engagement with The Claims Guys because of their 'fees.'

    Can anybody offer me some advice, or better, a viable course of action. I am a complete newbie to this and I could really appreciate some help.

    Kind Regards

    Jim
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  • #2
    Re: Out of the frying pan into the fire!

    First off all i would send a prove it letter, the mere fact capquest passed this one on suggests to me that it may be unenforceable, because its not like capquest to give up so easily on such a large amount.

    So send the prove it letter first, then sit and wait. As for reclaiming charges, well it depends how much you want to reclaim them, against how much you want the DCA's of your back, because once you reclaim them, your basically acknowledging the debt, and DCA's are like vultures once they know they have got the right person and you have acknowledge the debt. So be prepared for lot's of letters threatening legal action and same for lots of phone calls, like daily phone calls, as thats what will happen if you acknowledge the debt by reclaiming charges.

    Off course that doesn't mean we can not reclaim them later on, but first we need to know where you stand legally and if the debts enforceable, the prove it letter is just the first step. After that you may have to send a CCA request or a Subject access Request, depending on what you get as a response to your prove it letter.
    Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

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