Capital one credit card debt.

[nafta]

I have a debt with capital one. The account was opened in 2007 which like with other debts have been ignored when husband suffered a stroke and finances became very hard. I have not yet received court papers for it or for any of the other 2 credit cards I have with other two companies. All accounts were open the same year. I have read in the forum that for account opened previous to 2010 it is very unlikely creditors will be able to return a CCA. IS this correct? Also Is it a good time now to ask for this letters to debt collectors rather than wait to see if they issue court papers?

Many thanks for your constant help and support but above all I appreciate not being judge (have been quite uncomfortable in other forums in the past)

[nemesis45]

Re: Capital one credit card debt.

Hello Nafta,

Have you checked the credit reference files for these accounts? Noddle & Clear Score are free online.

Do you know when payments ceased?

No one will judge you here!

nem

nem

[Diana M]

Re: Capital one credit card debt.

I have a debt with capital one. The account was opened in 2007 which like with other debts have been ignored when husband suffered a stroke and finances became very hard. I have not yet received court papers for it or for any of the other 2 credit cards I have with other two companies. All accounts were open the same year. I have read in the forum that for account opened previous to 2010 it is very unlikely creditors will be able to return a CCA. IS this correct? Also Is it a good time now to ask for this letters to debt collectors rather than wait to see if they issue court papers?

So you've got a Capital One credit card and two other debts.

Are they still with the original creditor or have they been sold to a debt purchaser? It may be a DCA chasing you but who actually owns the debt is important.

When did you last pay anything towards these three debts? If all is quiet at the moment it may be best to let sleeping dogs die if you're creeping slowly towards Statute Barred status.

Otherwise it may may make sense to send a s.77-79 CCA Request to each of them which protects your legal position until they can comply with it.

There's no way of predicting whether a creditor will be able to source the credit agreement. Some from the 1990s turn up and some can't provide ones from last year. It depends on their internal work practices. One creditor lost the whole lot in the Iron Mountain Fire (a data storage unit) in 2006

Post up the basic details of each of these three accounts and take it from there.

Di

[nafta]

Re: Capital one credit card debt.

[MENTION=55034]nemesis45[/MENTION] I was able to keep minimum payments to August 2016. Nothing since then.

[Diana M]

Re: Capital one credit card debt.

I was able to keep minimum payments to August 2016. Nothing since then.

That probably answers the question in my previous post. These will still be with the original creditors and a long way off being SB.

You say the Capital One account was opened in 2007. Was that before or after April 2007?

Di

[nafta]

Re: Capital one credit card debt.

[MENTION=87380]Diana M[/MENTION]
Capital one I think still is with capital one as I cannot see any papers fro DCA. Opened 2007 last payment made August 2016
Vanquish is I believe also still with them as again no reference to any DCA letter or on Credit files. Opened 2007 last payment made May 2015.

Aqua was opened in 2013 and last payment was made August 2016. This one shows as £0 in credit file from 30/12/2016. However I have a letter dated 14/01/17 from Moorcroft Debt Recover but also a letter dated 15/01/17 from aqua asking for minimum payment due in February. Not sure who owns it now.

- - - Updated - - -

That probably answers the question in my previous post. These will still be with the original creditors and a long way off being SB.

You say the Capital One account was opened in 2007. Was that before or after April 2007?

Di

Both Capital one and vanquish were opened July 2007

[nafta]

Re: Capital one credit card debt.

Just trying to have things a bit clearer. It is better to wait for debts to have been sold before asking for CCA? and once I know that the debt belongs to a debt collections agency, i request a CCA and if they cannot produce it they cannot take me to court? or do i wait for court papers and then defend and ask for CCA?

Sorry, As I said just trying to understand the process so I am ready.

[nafta]

Re: Capital one credit card debt.

[MENTION=61310]diana[/MENTION]M [MENTION=55034]nemesis45[/MENTION] any suggestion on previous post?
Also today I have received a letter from capital one saying they have instructed Fredrickson International Ltd to act on their behalf to arrange repayment of the account. Does this mean they have or they have not sold it to them?

[MIKE770]

Re: Capital one credit card debt.

only collecting - usually 1st stage towards selling to a debt buyer as last resort

[nafta]

Re: Capital one credit card debt.

[MENTION=3599]MIKE770[/MENTION] thank you for that.
With regards to asking for CCAs , is it better to wait for debts to be sold? and is it better to ask for them before receiving court papers?

[MIKE770]

Re: Capital one credit card debt.

They can issue regardless and do on a lot of occasions your choice

[Diana M]

Re: Capital one credit card debt.

I have received a letter from capital one saying they have instructed Fredrickson International Ltd to act on their behalf to arrange repayment of the account. Does this mean they have or they have not sold it to them?

If the letter says they've instructed Fredrickson to act on their behalf then this implies Capital One still own the debt.

If it had been sold you should be sent a Notice of Assignment - typically a "Goodbye" letter from the creditor (Capital One) and a "Hello" letter from whichever debt purchaser has bought it.

Di

[Diana M]

Re: Capital one credit card debt.

With regards to asking for CCAs , is it better to wait for debts to be sold? and is it better to ask for them before receiving court papers?

I see no reason for you not to send the CCA Requests now.

You seem to assume that you will receive court papers. You may, but then again you may not.

Glass half full not half empty

Di

[nafta]

Re: Capital one credit card debt.

I see no reason for you not to send the CCA Requests now.

You seem to assume that you will receive court papers. You may, but then again you may not.

Glass half full not half empty

Di

@ Diana M
So if I wait and see if they do or dont serve cour tpapers...if they do isnt it worse?

[Diana M]

Re: Capital one credit card debt.

@ Diana M
So if I wait and see if they do or dont serve cour tpapers...if they do isnt it worse?

Isn't what worse?

My suggestion was you should send the CCA Requests now so you can assess your situation before you receive any court claims. If a debt looks enforceable then you may be able to come to some arrangement with the creditor to prevent a court claim being issued.

Di