Capital One CC - require advice

[UKabroad]

Okay folks this may be a bit of a doozy and plenty of legal issues for those experts on here.

Capital One Credit Card ... pre 2004/2000 .. maybe 1998. just not sure when it was originally taken out but most likely pre 2000.

I am currently abroad and not living in the UK, so have no resident UK address. (been abroad since 2010).

Whilst living in the UK, messy divorce, (working at the time) looking after two kids, fleeced by the system and had an overdraft, several maxed credit cards and solicitors bills as well as a utility bill backdated because they forgot to bill us ... total owed was around 35k ..

I negotiated with all creditors overtime and paid reduced settlements once the house was sold etc .. just could not keep it all going ,,, wish I had this site and the knowledge it brings.

Anyway after the dust had settled I realised I was still be debited for a Capital One account .. slipped through the cracks as I was not getting a statement or paperwork as it was going to an old address ..

Despite being out of work I managed to keep making payments .. but to be honest I still owe around 1.6k and have paid two to three times the original loan/spend on the damned thing.

I tried to contact them and get them to communicate via email last December to discuss the account as on hard times (sent a letter, no copy and never heard from them regards)

They continued to send correspondence to family member address so I instructed them to return any correspondence unopened with a note to contact me immediately as I no longer lived at that address and have moved abroad.

Still no response from them and recently a DCA (power2contact) sent a letter to the family address informing of a doorstep visit to discuss the debt.



I now really don't want to give the f*** a penny more ..

[UKabroad]

Re: Capital One CC - require avice

a) My problem is dealing with written correspondence via snail mail.

I have no issues with them posting a letter to the old address as long as they provide a copy of that correspondence via email.

I am unable to guarantee receipt of any mail sent by post I frequently move about.

Even if I did send mail I would not be able to respond with deadlines imposed.

Is there any obligation for them to correspond by email since to date they have simply ignored any request.

b)

I sent this communication in the meantime to the DCA.

>>>>>

To whom it concerns,

Please advise who to contact or pass this email to your relevant department.
(Note please do not give me a phone number or a postal address as I will not be able to respond via that method)

Your ref: CFSreference 00000000000 / / xxxx

Your company (I believe) are presently trying to contact me in regards to an account with the (Lender Capital One) via an address that I do not live at.

The address and tel no you are using

Family address was inserted here, including postcode and tel: no

Capital One has been provided with an email address to correspond with me but have to date refused to do so. Hopefully you will be able to rectify that.

I would officially request that you cease trying to contact me via that address and telephone number since I do not live there.Any further communciation via this number will be detail and logged as it may under law be constituted as harassment.

I am sure however at this point it is just a misunderstanding.


A brief outline.

I am abroad and no not currently reside in the UK.

Capital One have were given an email address and requested to communicate with me regarding an account which I hold with them in December 2011.

They ingnored that request and continued to send correspondence to a UK address despite having been informed I do not live there.

Since they did not respond to my request I had there mail returned to them .. no longer at that address complete with note of the email address and a request to contact me.

Still no response to date.

It is a surprise to learn that they have passed the account to a collection agency without first contacting me at my@emailaddress. All other credit card companies I have dealt with have been more than happy to correspond .. but apparently not Capital One.

Therefore it is illegal for Capital One to refer this account to a DCA and I will not accept any related charges on the alleged debt. That is a matter for you and them.

During this period I forced to cease payments due to hardship meantime and they still have not been in touch.

(Please note as I move around frequently it will be impossible to correspond via the normal postal methods as I would not be able to respond nor guarantee I would receive any mail.)

You have advised the householder (family member) that you will be arranging a doorstep visit in regards to this Capital One account which a you know is illegal if you have been advised the person does not live at that address and may also constitute harassment).

However that said I am sure you were not aware of the facts or circumstances

I request you send this account back to Capital One strongly advising that they communicate to me via my@emailaddress and not by any other method.

Regards

My Name here

[Never-In-Doubt]

Re: Capital One CC - require avice

If you're out of the UK why bother? Just ignore them and ask family to say you're no longer there and that you're out the country - leave it at that!

Definitely don't worry, they cannot and won't get bailiffs etc, and if P2C did call then your family member just tells them if they ever call again they will sue them.

Its easy to get rid actually....

[UKabroad]

Re: Capital One CC - require avice

Can anyone advise on the best course of action since I am living abroad and the monies paid so far well exceeded the original debt.

(At the moment I have no statements or any information so that will all need to be requested)

It is highly likely the original agreement was UE .. has anyone knowledge of any Capital One pre 2000 agreements being executed correctly ?

I expect a battle ..

I could just leave it for them to trace me ..

The other thing is that there is no possible chance of me affording to attend any courts due to hardship ... how do I deal with that.

If it helps draft any letters or strategy prior to now I was suffering from severe stress and only recently have I started recovering .. .

[UKabroad]

Re: Capital One CC - require avice

If you're out of the UK why bother? Just ignore them and ask family to say you're no longer there and that you're out the country - leave it at that!

Definitely don't worry, they cannot and won't get bailiffs etc, and if P2C did call then your family member just tells them if they ever call again they will sue them.

Its easy to get rid actually....

Wow that was quick - many thanks.


... what about them getting a court order and any how it affects my credit file .. and any subsequent return to the UK ?

[Never-In-Doubt]

Re: Capital One CC - require avice

Wow that was quick - many thanks.


... what about them getting a court order and any how it affects my credit file .. and any subsequent return to the UK ?

a court order for what, someone not resident in our country and not liable to UK (or English) Law? How would that work then? They won't come and drag you away screaming you know....

Just ignore them and tell family to write back as 'unknown at this address'.... problem solved.

6 years time, you'll be free of it as the debts will be Statute Barred

Your credit file is already defaulted I assume, also you're not in the UK so forget your credit file - it really is meaningless. Are you coming back anytime soon?

[UKabroad]

Re: Capital One CC - require avice

I have no intentions of coming back at the present but that said I had no intentions of moving to India once upon a time.

Will follow this advice and see it how goes for now.

Many thanks for the prompt replies.

I may still update this thread with their response, just in case

[UKabroad]

Re: Capital One CC - require avice

Oh quick question ..

What is the criteria for keeping it statue barred ..?

[Never-In-Doubt]

Re: Capital One CC - require avice

Oh quick question ..

What is the criteria for keeping it statue barred ..?

no payments for a full 6 years

after that, it's dead!

[Never-In-Doubt]

Re: Capital One CC - require avice

I have no intentions of coming back

Then do not pay or worry about any of your old UK debts, after 6yrs they'll be statute barred and in essence dead.

[UKabroad]

Re: Capital One CC - require avice

a court order for what, someone not resident in our country and not liable to UK (or English) Law? How would that work then? They won't come and drag you away screaming you know....

Just ignore them and tell family to write back as 'unknown at this address'.... problem solved.

6 years time, you'll be free of it as the debts will be Statute Barred

Your credit file is already defaulted I assume, also you're not in the UK so forget your credit file - it really is meaningless. Are you coming back anytime soon?

Thats an entirely different issue. Also if you have a CCJ it'll never become SB in the traditional sense.....

My bad using incorrect legal terms, causes confusion - I was referring to a CCJ as I had read snippets such as the above ...

Am I correct in assuming that they cannot get a CCJ without first serving me the court paperwork at a valid address within the UK.

If they try to serve the paperwork to the old address and try to create a CCJ against can I simply have it set aside on the grounds of an invalid address (edit: + I have no knowledge of the action and cannot defend it; I am assuming if they have been informed I am not in the UK ... then they cannot legally attempt to serve papers via the court to a UK address)?


Think I have read too many horror stories where complete inaction leads to an unholy mess to be honest. Must have a

[UKabroad]

Re: Capital One CC - require advice

Okay update:

Seems without contacting me on the email address they have now either passed the debt onto DFS ?? as they are now continually pestering my family with phones calls even during the weekend ... the press 1 for If you are the person we are trying to contact press 2 for NO ...

after reading forums it seems they still phone you no matter which option you choose ...

Anyone have a contact email address for these clowns ??

[Never-In-Doubt]

Re: Capital One CC - require advice

Okay update:

Seems without contacting me on the email address they have now either passed the debt onto DFS ?? as they are now continually pestering my family with phones calls even during the weekend ... the press 1 for If you are the person we are trying to contact press 2 for NO ...

after reading forums it seems they still phone you no matter which option you choose ...

Anyone have a contact email address for these clowns ??

Ask your family to report them for harassment, ok more realistically you need to ask them to answer and literally say "you do not live here and I do not know where he does live"....

Then we can go onto letter templates. But really you need the family to kinda agree to help you out by taking the call in the first place and establishing who it is calling....

[Pixie]

Re: Capital One CC - require advice

I've tried googling DFS but just get the sofa place and DFS debt collectors brings up a dca in America.

I assume it stands for D(something) Financial Services but not sure what the "D" might represent.

Maybe someone else will know...

[MrsD]

Re: Capital One CC - require advice

must admit I was thinking sofas as well.................there is a BLS??