Capquest

[everythingmustgo]

Hi to everyone, have spend a while looking around but I think I may need some help so forgive my ignorance! I have received a letter from the above DCA, for outstanding credit card bills, this 1061.76 when my limit was 600.00 I assume the rest are charges? Just a brief outline of circumstances, I am a single parent on benefits, had loss of benefits in bank charges or the BA not paying, had to use card so had a snowball of debt, had to move from my home, now living with parents and my 10yr old. Received letter from capquest stating that i owe above amount and will be taken to court if i didn't reply, I called them, managed to pay 200.00 off the amount, but they wanted a phone number which I refused to give as I don't want my parents being harassed by them, incidently have been harassed with phone calls from capital one the said credit card company whom the debt is with originally. I tried to call them again this month to pay off some more debt, as I realise i have to pay this back, but the phone number i have is not in service?! I am not sure what to do , as I don't want baliffs or whatever hounding my parents house, any advice will be gratefully received..

[sarahpp]

Okay . You have two separate issues here

1. Claiming your charges back on your Capital One Account. Have a good read through the FAQ. You will need to send them a Subject Access Request Letter to get your statements.

2. If Capquest are chasing you on Cap One's behalf- at the same time send them a letter which clearly states that the debt is disputed because you have reason to believe that unlawful charges have been added to your account. Try this letter:

http://www.consumeractiongroup.co.uk...tml#post497277

If they persist - then please post up here and we will send a CCA letter which is the next stage.

Read around other people's experiences as much as you can - it really does help.

Just out of interest does Capquest's letter contain numerous references to baliff enforcement?

[everythingmustgo]

Hi thanks for the reply, not it doesn't it just lists information on county courts, if a claim is issued court fees etc will be added to the debt etc and interest.
It gives number to ring if you are unable to pay in full! and that number doesn't work. Not that I want to speak to them by phone as last time I did manage it, which was end of dec 06 they weren't very helpful even when i gave them a monthly installment they don't seem prepared to accept an amount, and are quite rude, and try to speak over you, this is why I wouldn't give them my parents phone number as I don't want them harassed if I am not there. Sorry just another question first i send an Subject Access Request to capital one right? then the letter link is the one i send to capquest? just to clarify, sorry if I sound a bit ignorant..

[sarahpp]

Yes, Subject Access Request to Capital One - with £10 postal order

"In dispute" letter to Capquest - please let us know if you get a reply.

You are right to want to keep everything in writing. DCAs tend to say things over the phone that they wouldn't put in a letter which could be used as evidence.

The DCAs who were collecting for Cap One in my case, handed the files straight back to Cap One when I sent them a "dispute" letter but, I can only speak from personal experience.

[everythingmustgo]

Ok thanks for the help, of course, well I am tired to be made to feel like a second class citizen, when you try and make a situation right. I will let you know how I get on.

Well maybe I will be lucky with capquest but will have to wait and see what they say.

Many thanks again.

[OldBear]

Not wishing to step on Sarah's toes, but I spotted this bit in your post.

Originally Posted by everythingmustgo

I am a single parent on benefits, had loss of benefits in bank charges or the BA not paying, had to use card so had a snowball of debt

Are you saying the Bank took your benefits to pay their charges? If you are, I'm not sure they can do that.

Please read this thread ---> http://www.consumeractiongroup.co.uk...-benefits.html

If this is the case, give some details and I'm sure the experts here will be able to guide you.

OB

[sarahpp]

Don't worry about my toes - I have small children, they get stepped on plenty!

I hadn't read the thread all the way through but, I have now and it is a worthwhile read.

[everythingmustgo]

Thanks for the advice there, i have read the thread you are talking about, and yes they did many times, I will tackle that later as I have capquest on my back, i think one thing at a time.

Thanks again

[OldBear]

EMG, your welcome.

Thanks and good luck with them (Capquest).

OB

[everythingmustgo]

Hi me again, I have another question re: Subject Access Request can someone help me with addresses, I am not sure where to send it, because of moving quickly, I don't have my statements or anything regarding my credit card to capital one, I don't know where to send the Subject Access Request. Any help with this I would be grateful, sorry to keep asking so many questions

[sarahpp]

http://www.consumeractiongroup.co.uk/forum/capital-one/

There is a sticky at the top of the Cap One Forum with all of the addresses you will need. You will need to be reading around the forum anyway to get an idea of how everyone else's claims are going if you are going to be claiming from them soon !

[everythingmustgo]

Hi,

Just received a letter this morning from H L Legal Solicitors, anwyone ever heard of them? They are saying the debt has been passed to them because I failed to make a payment of 200.00 as agreed which I did not, originally I offered to pay less than that, the point is they are saying I failed to comply etc etc and if I don't make a payment of 200.00 before 11 feb they will take it to court, can they do this?

Upon further investigation I realise this is capquest writing under the guise of a solicitor...it is in fact their legal dept. I believe, they quote a different ref number which is now called a case number, with two letters added to the original ref number, is this a false case number, if so surely this is not legal practice, I am not fully knowledglable about all this so any advice would be gratefully received.

[sarahpp]

Yes - I think quite a few of us have heard of H L Legal. They are Capquest's solicitors. Please see this thread for a little bit more
http://www.consumeractiongroup.co.uk...-capquest.html

I suggest that the first course of action would be to send them a copy of the letter which you have already sent to Capquest (telling them that the account is in dispute) with a very short letter

" You will see from the enclosed letter which I sent to Capquest on **** that this alleged debt is disputed.

I would draw your attention to the OFT guidelines relating to legitimately disputed debts"

They really shouldn't be using case numbers on letters because it is misleading. It is designed to draw people into thinking that court action is already underway which is, of course, untrue and the OFT may be interested to hear about it.

[everythingmustgo]

Hi,

I am not sure what to put in a short letter to them as they have now sent another claiming that I have until the 25th Feb to pay, would be grateful for some help and advice. Btw this is from HL Legal again

Thanks

[sarahpp]

Did you forward a copy of the letter you sent to Capquest telling them that the account is in dispute?

[everythingmustgo]

No just in the process of doing that I have been ill the last few days

[sarahpp]

I am sorry to hear that. I think that if you can do that you may find that the letters from them stop.