JOSH IOU vs CAPQUEST/CAPITAL ONE

[JOSH_IOU]

OK so i will keep you updated on exactly what is going on.

I no for a fact i have a default issued on my file with capital one.


This is the letter i will be sending on 11/04/07.

Even no i still do not have my credit file i will send the below letter.

And i no for a fact the account has gone to a DCA and they have shut my account down. I must of payed more in to my account than i have taken out.

However i no longer have my account details and this was a credit card i have with them.

========================= ========================

Barclays Bank plc
1 Churchill Place
London E14 5HP

April 11 2007

Dear Sir or Madam


After recently obtaining a copy of my credit file from all three credit report agencies, I was concerned to note that your company has placed a "Default" notice against an account in my name.


Further to this I have no recollection of ever receiving such a notice, and I therefore require you to substantiate this data at your earliest convenience.


1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) (for fixed sum credit). Your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee, PO Serial Number 1234 567890.


2. You must supply me with a signed true and certified copy of the original default notice


3. Any deed of assignment if the debt was sold on


I would request that this data is provided to myself within the next 12 days, if you are unable to provide this data then I must insist that it is removed from my files as unsubstantiated.




Yours faithfully


========================= ========================= ==


Please advise.

[JOSH_IOU]

I have just received a letter from Capital one stating the debt has been sold onto Cap Quest.



=========

This correspondence is to inform you that your account, Ref (some account number), together with others has been sold to capquest investments Limited who have appointed Capquest Debt Recovery Limited as one of their group companies to manage your account in all matters relating to collection and litigation.

We are aware that you have been contacted by Legal and Trade in relation to this account; however it is important to point out at this early stage, that your account is now legally owned by CapQuest investments limited, who will use all resources including litigation to get this account settled.

We are here to assist you in finding a solution. If you are not in position to pay the account in full, we have a number of options that can both assist you in the short term and which can save you money in th long term.

The key point is for you to make contact with us. This matter will not go away so please deal with this by calling us on; 0870 084 3531. Communication from you is vital, by paying this account on regular basis we can confirm that your credit files will be updated as a paying account, which may assist you in future finance agreements.


If satisfactory response is not received by 08 may 07 we will start collection process by endeavoring to make contact with you by various other means such as telephone, potentially appointing our doorstep agents to visit or involve other solicitors.

How to pay:

Payment by direct debit or credit card: call 0870 084 3531 ( please note that a 2% charge will be made on Credit Card payments)

All payments by Cheque or postal orders are to be sent to: Po BOx 396 Hants GU51 2WZ

yours sincerely

debt purchase department

======================



Can any one help?

[ODC]

First obvious thing is to send them the CCA letter. NEVER NEVER contact them by phone. They are bullies and will twist what you say on the phone and make all sorts of threats some of which are aon the verge of illegality (allegedly). Post your response from them on here and you will get loads of help in dealing with these clowns. There are loads of threads of the tricks and tactics they use and plenty of very experienced people on here who know exactly how to deal with them and their behaviour. Relax you are among friends here. We will help

[JOSH_IOU]

I have received a letter from Cap quest.

it says.


Further to your recent contact with our office and your request for further information in relation to the above account, we would confirm that your account is now on hold for 28 days whilst we obtain the information required.

If you have any proof of payments or correspondence that would assist with your query, please forward these documents, with a brief covering letter, to our collections Administration department, so that we can resolve this matter as soon as possible.

=====


can i assume they do not have a contract when they bought there debt?

[NitrousOxide]

Hi,
Strange that it's apparently sold to CapQuest yet Capital One still ask for payment. Hmmm.

[JOSH_IOU]

another letter just posted though my door (perhaps delivered to the wrong address by the post man)

=====

We thank you for your recent correspondence.

We can confirm we have ordered your Copy Agreement, and will forward this to you as soon as this is received into our office.

Please be advised that as Capquest Debt recovery only purchased this account on the 1st May 2007, any charges accrued on this account prior to this date will have been administered by Capital One. If you require a refund for these charges, please contact capital one directly.

====

So no contract between me and Capquest.
Probably not a one between me and Capital one either..

[JOSH_IOU]

I have recived a further notice that my account has been suspended for 28 days.

Dose that mean it is suspended for 14 days or 28 days?

I have also asked for a request of earnings.

can they do this?

[JOSH_IOU]

Oh i have not yet recived a copy of my cca contract

[bonnieday]

Hi,

I would suggest that you send them a letter to say that until you receive a CCA off them that you will not discuss any "alleged" debt with them.

I assume that they are in default of your request and are close to commiting an offence.

Keep all of your letters together as Im pretty sure they arent allowed to ask for payments until they fulfill your request for your CCA. I cant see any other reason why your earnings are any of their business.

Im still waiting for Capquest to send me a CCA for a catalogue which Im not going to hold my breath for. In my case the longer it takes the better as the "alleged" debt is almost statute barred.

Good Luck with your fight against them!

[bonnieday]

I would also suggest that it is 28 days from the date of their letter - just let them have enough rope and hopefully they will hang themselves!

[babybear39]

Hi jamesrap

Just read your thread and following...

*me looks forward to capquest hanging themselves*

Good luck and best wishes,

BB

[ODC]

Send them nothing until they comply with your CCA request

[JOSH_IOU]

Cheers ODC i did not intend to

[JOSH_IOU]

thanks for the encouragement evryone

[powelll]

Originally Posted by jamesrap

I have also asked for a request of earnings.

can they do this?

Do you mean that they have asked for proof of what you earn? Not sure if I'm reading this correctly. You aren't obliged to provide them with anything even if it's proved you owe the debt - a standard income & expenditure budget sheet ( link below ) should be sufficient. The same applies if they ask for proof of any expenses...

National Debtline England & Wales | Personal Budget Sheet

[ODC]

Originally Posted by powelll

Do you mean that they have asked for proof of what you earn? Not sure if I'm reading this correctly. You aren't obliged to provide them with anything even if it's proved you owe the debt - a standard income & expenditure budget sheet ( link below ) should be sufficient. The same applies if they ask for proof of any expenses...

National Debtline England & Wales | Personal Budget Sheet

Send them nothing until they comply with your CCA request. If they prove you actually owe them the money then that is the time to negotiate and provide proof of income and expenditure