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Nicola.j
Junior Member
United Kingdom
267 Posts |
 Posted - 02 November 2008 : 10:04:38
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Hello
I received two default notices from Capital One yesterday.There was all the usual stuff on the back.
It also said they would participate in any dividend once my estate is sorted out but then it hinted that they could try and take me to court once the bankruptcy is over and if they did I would have to pay costs as well.Can they do this?
My other question is should I just forward this on to the OR?
Sorry one more question,when you hand the keys back how long afterwards is the property either sold or put into auction?
Many thanks |
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movin on
Average Member
United Kingdom
946 Posts |
Posted - 02 November 2008 : 10:41:11
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Hi Nicola
I too got my letters from Capital One yesterday, and it said all the same things - i can only presume its a standard letter that they send when someone goes BR.
I am going to send them off to the OR tomorrow.
Lets hope someone can shed some light on this for us.
Jenny
The weights are coming off my shoulders very slowly, but making such a big diference !! |
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Reviva UK
Advanced Member
United Kingdom
2452 Posts |
Posted - 02 November 2008 : 10:45:30
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Hi Nicola
If you have already declared Br then just forward these to the OR. There is absolutely NOTHING they can do afterwards.
I do however note a growing trend in creditors giving much more serious "aggro" to folks prior to Br and in many cases they have clearly broken the law. I know of numerous cases where people - no doubt with little training of insolvency law - suggest that they can still collect their money AFTER br.
Perhaps we need to start some serious complaining to the highest authorities re this.
Property voluntary reposession is strange at present. It seems that it may be on the open market for a short while AFTER you have given the house back, then it will go to auction .
In the current climate you should expect a huge difference in what you thought the value was and what is realised.
But back to the important issue. Don't worry at all about Capital 1.
Paul Johns
Assisted Bankruptcy Specialists
Reviva UK
For a Free Impartial Review before taking the leap call me @ Reviva UK
www.revivauk.com |
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John
New Member
United Kingdom
73 Posts |
Posted - 02 November 2008 : 10:49:05
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Hi
there's nothing Capital One can do once you are declared bankrupt.
There are a number of lenders that appear to have strange wording on their default notices. In my opinion it's a last gasp attempt to get you to pay claiming that bankruptcy won't help you or rid you of the debt.
A bluff of course.
www.Bankruptcyhelp.org.uk
0800 078 9367 |
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Reviva UK
Advanced Member
United Kingdom
2452 Posts |
Posted - 02 November 2008 : 10:52:14
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John
also it is illegal to pay creditors AFTER br.
maybe we should get together and have a discussion about bringing this type of behaviour to the attention of their seniors.
I am sure it is not Corporate Policy by the banks, however somewhere down the line someone has taken the decision to follow different policy which at best borders on manipulation and breaks ASA & OFT guidelines, at worst it is downright illegal.
Perhaps the site should start a petition - with case examples ?
Paul Johns
Assisted Bankruptcy Specialists
Reviva UK
For a Free Impartial Review before taking the leap call me @ Reviva UK
www.revivauk.com |
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Needafriend
Junior Member
United Kingdom
344 Posts |
Posted - 02 November 2008 : 11:25:48
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Right Paul
I will sign the petition, you get one started and we will get them signed. ;-)
These banks etc should be shot at dawn. LOL
Jo
x
For more info on how i have come through bankruptcy and for links to help, you can read my blog here called:
Jo's Links and added info on Bankruptcy!
http://debtfreejo.blogs.bankruptcyhelp.org.uk/
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kazy1
Junior Member
United Kingdom
120 Posts |
Posted - 02 November 2008 : 11:51:50
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Hi Nicola.j
My property was on the market for just under a year!! and i still owed once sold (sorry) |
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Nicola.j
Junior Member
United Kingdom
267 Posts |
Posted - 02 November 2008 : 12:01:37
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How was that because I thought the shortfall got included ?
Thanks |
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Reviva UK
Advanced Member
United Kingdom
2452 Posts |
Posted - 02 November 2008 : 12:10:04
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It is certainly helpful that one includes the mortgage on the unsecured ans well as secured section on the SOA.
It wouldn't be for all mortgage amount but in this current market a reasonable guess of negative £ would help. You would describe this as being "mortgage shortfall after house is sold".
If you haven't put it on the forms just call the OR and explain it to them.
Paul Johns
Assisted Bankruptcy Specialists
Reviva UK
For a Free Impartial Review before taking the leap call me @ Reviva UK
www.revivauk.com |
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Nicola.j
Junior Member
United Kingdom
267 Posts |
Posted - 02 November 2008 : 12:12:58
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Thanks Paul
I have done that and in my initial interview my OR did assure me that whatever the shortfall was it would be included.
Many thanks |
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Reviva UK
Advanced Member
United Kingdom
2452 Posts |
Posted - 02 November 2008 : 12:19:55
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well done.
The OR - contary to popular belief - are actually quite decent and fair people. they need to act within their guidelines and do a great job.
Paul Johns
Assisted Bankruptcy Specialists
Reviva UK
For a Free Impartial Review before taking the leap call me @ Reviva UK
www.revivauk.com |
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kazy1
Junior Member
United Kingdom
120 Posts |
Posted - 02 November 2008 : 12:34:12
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sorry for any confusion i meant that even though it sold there was a shortfall which i did include in soa
Sorry
Kazy1xxxxxxxx |
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kazy1
Junior Member
United Kingdom
120 Posts |
Posted - 02 November 2008 : 13:16:34
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Will also keep an eye out for Capital one as my debt was sold onto someonelse and they said they would send it back to capital one now that i am br. So lets see what the postman bringsxxx
Kazy1xxxxxxx |
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tracy_b
Junior Member
United Kingdom
457 Posts |
Posted - 02 November 2008 : 14:18:57
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Hi
I received one of these default notices from Capital One with the threat of taking me to court post discharge. I was fuming and very worried. I spoke to my OR who reauested that i send it to them as soon as poss. This i did and the OR phoned me on Friday to say that he would deal with it in the strongest manor!
Good luck everyone
Tracy XX |
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Needafriend
Junior Member
United Kingdom
344 Posts |
Posted - 02 November 2008 : 14:22:24
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I dont know guys and gals these places were sent to try us, trouble is they scare us witless and sometimes we just dont know what to do for the best.
I just ignore all of mine now and send down to the OR, i dont call any of my creditors now, that have saved me some money as my phone bill has reduced.
As a BR your protected by the court and so these letters 99% of the time are just idle threats, dont let them get to you, if in doubt contact your OR and mention to them, otherwise either send it down to them or better still if they dont want them stuff em in the shredder. I do :-)
LOL
Jo
x
For more info on how i have come through bankruptcy and for links to help, you can read my blog here called:
Jo's Links and added info on Bankruptcy!
http://debtfreejo.blogs.bankruptcyhelp.org.uk/
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Nat
Junior Member
367 Posts |
Posted - 02 November 2008 : 14:25:57
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Hi All
Capital one are a nightmare. I used to have CC with them and cleared it off a couple of years ago but they kept trying to charge me even though i didn't owe them anything???? I dug my heels in and had quite a few heated arguments with them over the phone and eventually I won as I would not pay these charges ad dared them to take me to court!! Hang on in there everyone and stick to your guns with them.
I'll sign a petition against these vultures as soon as it's up and ready to go!!
Nat |
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Topic |
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Capital One
