Sent first two letters and now have been told the debt has been sold on to debt compa

[lynzfa]

I ahve been doing a claim for my boyfriend to claim his bank charges back as he has been charged £290 for going £15 overdrawn as he has not used his account for a while so they had carried on charging him.I ahve sent the prelim letter and the LBA and was about to start the court claim when he got a call from capquest yersterday to say the debt had been sold onto them and that he could not claim back his bank charges.They rang him sewveral times yesterday and started getting eally nasty about it.What can we do.can we still carry on with the claim or can we not carry on now that it is with someone else.Help

[MCBIRNIE25]

Bullying tactics.
Of course you can still carry on with the claim.
Capquest may have bought the debt, but the bank originally imposed the charges upon you.
You need to write to capquest and inform them that as you are disputing the account with the original creditor they must stop all action on the account. Call them scumbags to, it will make you feel better Also, tell them you are reporting them to the Office of Fair Trading for trying to intimidate you.
Also, in your statement of particulars make sure you request that the money is paid by cheque so that they have no claim to the money.
Hope this helps,
Regards,
Mike

[hunkydory]

Keep strong - that's the only way to stand up to bullies. They rely on scaring people. Just remember - you are not alone! There's always advice and support on this site. Good luck & keep us posted

[lynzfa]

will do thanks.They have rang again today thogh and said they are taking him to court.He told tham his account was in dispute and they said see you in court in 21 days and hung up on him.Can they do this?

[hunkydory]

They are trying to rattle your cage...
Best thing is to refuse to deal with them on the telephone and insist on all communication via letter. That way they can't accuse you of saying things you haven't or misconstruing what you say.

Have a look at the Civil Procedure Rules. Also, there is s40(a) of the Administration of Justice Act 1970 which is useful. It states that a person commits an offence if he/she:

“harasses the other with demands for payment which, in respect of their frequency, or the manner or occasion of making any such demand…….are calculated to subject him or members of his family or household to alarm, distress or humiliation”

Have a look at the National Debt Helpline site which mentions these rules/law and has template letters you can also download. The link is

National Debtline England & Wales | Debt Advice

Look at the letters and cut and paste as appropriate. Remember to keep copies of all letters you have sent so if necessary you can show the court how unreasonable D & G are being.

[hunkydory]

I'm assuming its D& G you are receiving calls from??

[lynzfa]

the calls are from capquest.they havent rang today though for a change