Capital One

[McGinty]

Re: Capital One

That is possible Amethyst but surely a document such as this should be correct- should they not have re-issued and asked for me to sign in the correct place? I think what you and Nem are saying is that they could possibly enforce this with a court order? What do you think would be the best way forward with this?

[nemesis45]

Re: Capital One

Looking over this again and considering your comment re the " squiggle" below that signature I agree with Amethyst.
There is a possibility (bearing in mind that English Civil Law is based on " the balance of probabilities) there is distinct chance that a judge may find for the claimant.

nem

[McGinty]

Re: Capital One

If that is the case what would be the best way to tackle Fredrickson? I presume they won't like the idea of going to court either. Should I make an offer to settle?

[McGinty]

Re: Capital One

Any help on this please?

[nemesis45]

Re: Capital One

Hi I've been back over this, please confirm the following.
1, the date of the last payment or written acknowledgment made
2. Is the default date correct ( credit file)?
3. Have you had any further correspondence from Freds?

nem

[McGinty]

Re: Capital One

Hi Nem-thanks. 1. The last payment was done by the guy managing my debts(since retired) and was on the 15/12/2014. I have not personally made a payment since.
2. The default on my credit file is showing the 15/05/2011
3. I received a letter from Fredrickson today with a very soft tone to it! I have posted it here.

[McGinty]

Re: Capital One

Anything further on this Nem?

[McGinty]

Re: Capital One

Hi Nem/ Amethyst- I have had another letter from Fredrickson pressing for payment on this card but within this letter they are offering a reduced settlement figure-none stipulated though so I have put a letter together-pasted below- for them and I would appreciate your views on my proposed response. Thanks, Mc


In response to your letter of 11th May 2015 I would consider making a partial settlement on this alleged debt. I will not have contact via telephone so can you please respond via mail. I have received a copy of the supposed original credit agreement/application form from Capital One but there are several errors within this copy which would not stand up in any proposed court action and I would defend any action vigorously.

However I do not wish to go down that road as I am sure neither do Fredrickson or Capital One for that matter.

Please set out clearly a settlement figure and it must include a full and final settlement clause which needs to be added to credit reference agency files.

[McGinty]

Re: Capital One

A company called Credit Solutions are dealing with this now and I am posting up a letter received from them a few days ago. I would like to settle this so should I make an offer of say £400? I am coming up for retirement next year and want to get at least some of these off my back. It is on my credit file until May 2017-is there any way I can insist the history is removed or the default removed with settlement? Thanks, Mc

[FlamingParrot]

Re: Capital One

A company called Credit Solutions are dealing with this now and I am posting up a letter received from them a few days ago. I would like to settle this so should I make an offer of say £400?

If you are looking at a full and final settlement you should take a look here: http://www.legalbeagles.info/forums/...ght=full+final

It's important to ensure you have full acceptance in writing of your offer and that they won't pursue you for the balance or sell it on to someone who will. See here for a letter: http://www.legalbeagles.info/forums/...203#post454203

I am coming up for retirement next year and want to get at least some of these off my back. It is on my credit file until May 2017-is there any way I can insist the history is removed or the default removed with settlement? Thanks, Mc

Sadly not, even if paid in full, the entry would show as 'satisfied' or 'settled' but wouldn't be removed. Some creditors will only mark it as 'partially satisfied'. :mmph:

[MIKE770]

Re: Capital One

those begging letters!

[McGinty]

Re: Capital One

Thanks again FP. Mc