Bouncing Back

[winner12]

Hi all
After my CAP 1 account has been bounced around various DCA I have recieved a letter from CAP1 stating the account is now back with them
They have stressed how important it is to continue payments with them (I did this for nearly a year they never accepted my DMP bumped up the balance with interest and charges and returned 2 of my payments I tried to make once they had passed the account to credit solutions without sending a letter to say what they had done
My question is the letter does not say anything about paying in full or paying as per my DMP I did CCA and SAR them but they just sent a recon application whats my best course of action now

[labman]

Re: Bouncing Back

I would write to them offering £x.xx per month (a rate you can comfortable afford and sustain) on the condition that they freeze all interest and charges.

If they have not already defaulted you and you would like them to so that it comes off your CRF asap, then ask them to do that as well.

If they refuse to accept, post up again and we can start debating whether they really ought to accept your proposal or not.

[winner12]

Re: Bouncing Back

Hi Labman
Thanks as always they defaulted in july 2010 at one point there were 3 Dca chasing this debt threatening all sorts as usual
I had a CASHflow statement drawn up and paid them as per the DMP but they never accepted adding interest and payments upto the default
I complained to the FOS at the time wrong advice I think got nowhere and have paid them since feb 2011 when they returned my payments (standing order) I have dodged the DCA since with account in dispute (CAA and prove its sent )

[Bill-K]

Re: Bouncing Back

Inevitable question, Winner - did you have any Payment Protection Insurance on this account ?

[labman]

Re: Bouncing Back

Hi Labman
Thanks as always they defaulted in july 2010 at one point there were 3 Dca chasing this debt threatening all sorts as usual
I had a CASHflow statement drawn up and paid them as per the DMP but they never accepted adding interest and payments upto the default
I complained to the FOS at the time wrong advice I think got nowhere and have paid them since feb 2011 when they returned my payments (standing order) I have dodged the DCA since with account in dispute (CAA and prove its sent )

Maybe now they've realised that you've successfully 'avoided' their efforts to make you pay, they will be more reasonable this time. Maybe they won't! If they're not, I usually find that it's best to avoid the formal routes and keep them as aces up your sleeve. There's a shed load of pressure you can bring to bear on them to get them to accept your offer, especially if it's backed by a CASHflow I&E, before involving the FOS or any other official body.

At the moment, even the Money Advice Trust themselves will intervene on your behalf as they are really trying to promote Cashflow.

As I said, make the offer, if they accept, great. If they don't, then you simply start applying pressure bit by bit. At the end of the day, it's no skin off your nose having the debt in dispute and not making any payments, so it's in their interests to accept.

[winner12]

Re: Bouncing Back

Hi Bill K
This account is so old I never took out PPI so not sure how to dispute other than CCA I only went down this route when they started to play silly beggers refusing payments and getting various DCA involved
Is it easy to claim back charges from Cap 1 has anyone had much success

[Bill-K]

Re: Bouncing Back

Reclaiming penalty charges has become more difficult these days - but certainly not impossible. You certainly have a better chance with credit cards than with current accounts. As I understand it, where the charges were greater than £12, then you should be able to reclaim them fully, as they were an unfair term in your agreement.

However, where the charges were at the newer £12 (or less) rate, then they are being quite difficult about them, as they insist that the £12 is agreed by the FSA as being a fair rate, when in fact it was just an interim measure pending further investigation. The credit card lenders now seem able to convince the FOS that £12 is a fair amount, but we are not allowed to know how they have done so. The only alternative seems to be to claim through the Small Claims court, as they would then have to openly disclose their figures.

You can also add the apportioned account interest, and any 8% Statutory interest to your claim.

[winner12]

Re: Bouncing Back

Thanks Bill K
So in the interim of trying to get back charges do I still make payments as effectively its still in dispute

[Bill-K]

Re: Bouncing Back

My own answer to that would be 'yes,' Winner. I believe that you need to show that you are being perfectly reasonable in this dispute. Let the defendants dig whatever hole they feel is cosy for them, meanwhile !!!