capquest deed of assignment

[bluedannyw]

After being Harassed by Capquest countless times despite paying them an agreed monthly amount I decided to ask them to supply me a deed of assignment and CCA for my Capital One account.

Then after 11 days I received 3 letters on the same day. The standard response that my account is on hold for 28 days while they sort my information out, also would I send them any information I have about this account. (I don’t think so). I received 2 letters stating this.

I also received a letter saying as capquest has not purchased the debt their is no deed of assignment availabel.
Is this Correct?

Now do I just wait for them to send me the CCA? I take it they will be contacting Captal One for this paperwork.

If they send me the CCA, will they still be able to hound me or will it the debt be returned to Capital One?

Capquest have in the past offered me a settlement figure of about £1500 which is 50% of the debt which in my situation i can not possibly afford. So obviously this amount is allowing for them to take there cut off the top, so if I was able to offer Capital One a settlement of £1000, Is it possible they might accept it?

[bluedannyw]

Bump, does anyone know if this is true or not, as they do not own the debt there will be no deed of assignment. And What will happen next? Will it go back to capital one if they can not get hold of my cca?

[PriorityOne]

Capquest have 12 working days from receipt of your CCA request to comply.... not 28, as they suggest. The fact that they have said they will have to go back to Cap. 1 for it suggests that they don't have it.

If they have purchased the debt, there will be a Deed of Assignment, but they will not send this to you. This is because DCAs usually buy their debts in bulk and a Deed of Assignment contains details of other accounts... so to send it to you would be a breach of The Data Protection Act, 1988.

Just wait and see if they can produce the CCA. If they are actually acting for Cap. 1, then the account will be returned to Cap. 1 and Capquest can then take a hike. If they have bought the debt without the CCA (which I believe they have... because they asked you for info. to help them track it down).... then after 12 working days from receipt of your request.... they can take a hike !

So DO NOT OFFER TO PAY THEM ANYTHING !! No CCA = no enforceable debt. Wait and see what happens...

[ginnever]

Originally Posted by bluedannyw

After being Harassed by Capquest countless times despite paying them an agreed monthly amount I decided to ask them to supply me a deed of assignment and CCA for my Capital One account.

Then after 11 days I received 3 letters on the same day. The standard response that my account is on hold for 28 days while they sort my information out, also would I send them any information I have about this account. (I don’t think so). I received 2 letters stating this.

I also received a letter saying as capquest has not purchased the debt their is no deed of assignment availabel.
Is this Correct?

Now do I just wait for them to send me the CCA? I take it they will be contacting Captal One for this paperwork.

If they send me the CCA, will they still be able to hound me or will it the debt be returned to Capital One?

Capquest have in the past offered me a settlement figure of about £1500 which is 50% of the debt which in my situation i can not possibly afford. So obviously this amount is allowing for them to take there cut off the top, so if I was able to offer Capital One a settlement of £1000, Is it possible they might accept it?

I contacted Cap 1 asking for a settlement figure and in a word no chance. For full detaills look at my other posts Ginnever & Crap 1

[bluedannyw]

Update: no agreement sent yet, they've got til the 5th of april before they have committed an offence. But also just got my statements through from capital one and also account notes. It seems they had a problem with my account. They changed my account number after 5 months of me opening account. So if this agreement does turn up the account number i signed for will be different than the one they say i owe money on! Has anyone else had this happen, is this a loop hole? Surely if i signed for a different account number it can't stand up in a court of law! But the only don side is i owed a lot more money on the last statement of the old account number.

[bluedannyw]

Has anyone ever had there account number changed since they opened their account?
According to the statements recieved by Capital One they have not sold my debt on as the monthly payments i'v been paying up til January are shown. So they should have no problem finding my credit agreement. The thing is my agreement that I signed will say a different account number to the one they are chasing me to pay.
I have no idea about legal stuff, but I would of thought this agreement if it does turn up will be no use to them and a judge would have to say they can't enforce my debt!
Anyone got any ideas??

[kennyparkroad]

is the new account number the same as the one on the card your using?

[bluedannyw]

Hi kenny, sorry can't answer the question as i ripped my card up 2 years ago when i was defaulted. I know that i only ever had one card sent to me and that was at the start of the account. The strange thing is i have an egg account too, and this changed account number after just 1 month.

[kennyparkroad]

ok, sorry i havent replied quicker, had no time to go near PC but thats another story

ok, so any updates on this?

[bluedannyw]

Hi Kenny.
no more updates. They have til Thursday to produce the cca or it will be a criminal offence. If it does turn up it will be interesting to see which account number is on the agreement.
I take it the account number is on the agreement?
On a loan agreement there is an account ref number.
The other problem is that looking at other threads judges don't seem to care too much about the dca's commiting a criminal offence anyway?

[bluedannyw]

despite Capquest commiting an offence by not suppying my CCA by the 14 days plus one calendar month, I have recieved a threatening letter saying if I do not set up a payment plan by the 12th of April. Todays date!! They will start legal action on the 19th of april!!!

How many Laws can this company break??

The payment plan is twice as much as I was paying them before too.

Have just sent them a letter stating that they are in default and have commited an offence and if they start legal action I will vigorously defend it. I sent this in there pre-paid envelope - 2nd class.

Will also send them one recorded delivery!! Not sure what else to do?

I want to report them to the oft but not sure how?

Any ideas?

[kennyparkroad]

yes send the recorded one off.

lodge a complaint with your local trading standards and then do it with the OFT as well, just outline the timescales, what youve done what they have done, point out they are going against OFT guidelines etc.

let them take it

you dont need to write a huge long letter, they are interested in the cold hard facts, so give it them

[TUTTSI]

Hi Danny,
I am in the same boat as you with CAPQUEST, I wrote off last week with a request for my CCA, I have this week received 3 separate letters all dated the same day, two telling me the account was on hold for 28 days, whilst they obtain the info I required and the other telling me that I have to 15/4/2007 to make arrangements to pay. Surely they are in breach!!

Let us know how you get on with your reporting of these moreons to Trading Standards and the OFT.

DS

[jetbags]

They own nothing..... would you pay £1000 to a total stranger who knocks on your door and says "you owe me money" NO !!! you would tell him to bugger off !!!
Capquest are no different, they have no legal justification to ask for any money from you as they do not posses the right paperwork that allows them by law to do so.
Start the paper chain now and send the "prove it letter" with the £1 p/order.STOP PAYING THEM MONEY untill they prove they are due.
Like 99% of other cases they will not supply the documents needed in the 30 days limit, then they are in default and you can whip their arses.

DONT PAY.....FIGHT !!

[bluedannyw]

Update:
Funny enough I recieved a letter on the 22nd of april saying my account has been put on hold for another 28 days whilst they arrange the paperwork I require.
Then today recieved another letter explaining that as they do not own the debt there is no deed of assignment. This is all the same I had before. However this letter says I if require statements I need to write to Capital One, and I need to call there collection department to arrange payments.

Does this company just ignore everything you write to them or are their employees so thick, that they don't understand???

I haven't reported them yet, but will now write to them saying any more harrassment without the correct executed agreement and I will, causing them to recieve a £2500 fine. I will then write the standard stuff i,ve wrote before and then put it in laymans terms for them as they are obviously struggling to grasp the situation.

[kennyparkroad]

dont tell them youll make it your dying wish that they get a fine

just remind them that they are acting in such a way that they could be liable for a fine.

go get em!

Kenny

[bluedannyw]

Thanks for all your help Kenny.
I will do it as you say.
I will also put that this will be my last correspondence without an executed agreement. I am not wasting any more money on recorded delivery mail. I will tell them I am keeping all their correspondence as evidence of their wrong doings which will be passed on to the correct authorities. I might write a list of them, such as threatening legal action and doorstep collection, etc.