Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
I'm currently in default to Egg for a loan after falling behind with payments after losing my job. Anyway, they passed it onto capquest debt recovery who are useless.
I set up a payment plan for £75 monthly, after making 6 payments by SO from bank capquest wrote and said they were taking further action due to non-payment. I was advised to cancel the payments and send off a copy of my bank statements showing the payments, which I did.
They wrote acknowledging these and set up a new SO for £75 again. A payment left my account on 4 May but last week they sent me a letter saying they were now going to send a collector to my door due to me ignoring repeated requests for payments or a payment plan.
I've tried speaking to them on the phone but they are bloody useless.
Can anyone tell me what to do next, I'm not that great on the phone and if anyone comes to my door I'd panic and probably agree to whatever they asked for whether I could afford it or not.
First thing I would advise is to do a search on the forum under debt collection Agencies. Secondly, you will find during your browsing though that information a letter to send to the Agency (along with £1) requesting they send certain information under the Consumer Credit Act - part of this is a list of all the payments you have made.
Until you have that - tell anyone that rings, or calls to your door, that you dispute the debt, and you are not making any further payments until the matter is resolved. They cannot do anything to enforce this debt whilst it is in dispute - so the quicker you get the letter off to them the better - and send it by recorded delivery.
Alan, Derby, UK.
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Advice given is purely my opinion, and is not based on any legal training.
Graham from Capquest phoned on Friday night, don't know how they got my house number. He was very arrogant and wouldn't listen to anything I had to say. Told me they had received the payment from 4 may but the bank had requested a refund of this on 11 may. The bank denied this today and it hasn't gone back into my account so I know they are talking crap.
Phoned capquest back and spoke to 3 members of staff before finally getting Graham again. 1 person told me Graham must have made a mistake as the payment was showing on their system.
When Graham finally came on the phone he told me it wasn't actually him that was dealing with my account, the person that is wasn't in. He wouldn't admit to making a mistake and I finally agreed to send a copy of my bank statement up until today showing the payment leaving my account and not coming back. He said this would be noted and no further action taken in the meantime.
Half an hour ago someone else from Capquest phoned me!!!!!
Sent this away this afternoon with a letter requesting that all future correspondence be in writing.
Would it be worthwhile writing to Egg and telling them that I am no longer willing to deal with Capquest due to their ineptitude?
Left Uni with overdraft of £2k, didn't manage to get a job straight away, on dole 6 months, blah, blah, blah. In the meantime HSBC passed my debt onto Capquest. These people made my life hell. During this time I had to deal with a few debt collection people, but Capquest were nasty. I mean to the point that suicide seemed like an option. Really. How these people are allowed to practice I have no idea. Rude, arrogant, unwilling to accept token payments, etc. Basically, clear this debt with them ASAP (in preference to anyone else you owe if you can) they are scum, others are at least tolerable.
All debt collection agencies have to be licensed by the OFT who stipulate clear rules of engagement. Capguest telephone monkeys are probably on minimum wage with incentive payment for what they can get out of a browbeaten debtor.
No doubt many over zealous monkeys try their luck and go well over the line, not only squeezing out the last drop of blood but leaving traumatic memories behind.
Capquest, however, does have a legal officer answerable to the law. That person is the Company Secretary registered at Companies House, whose name and private address is available for a search fee, I think £5 per year now. Unlawful behaviour on the part of telephone monkeys can be documented in black and white and sent to the Company Secretary who is answerable to the law and the licensing regulator. The name of over zealous telephone monkeys should be demanded in no uncertain voice, and any refusal so to do, documented. Monkeys cannot be allowed to think they can say what they like, then put the phone down as if nothing happened, then melt anonymously into the crowd -- Who? Me? Did I say that? Do you have proof?
Anybody who tries to browbeat me finds I come back with a Centurian Tank, after which they think better of it.
* * * * * * * * * * EXECUTIVES * * * * * * * * * *
DIRECTORS:
Mark Andrew Brunault, Venture Capitalist
Paul Mcquilkin, Director
Joseph Arthur Dlutowski, Venture Capitalist
Michael Daniels, Director
Paul Mcquilkin, Director
Go To ICC Directors
* * * * * * * * * * DESCRIPTION * * * * * * * * * *
INDUSTRY TYPE:
COMPANY TYPE: Private Limited with share capital
COMPANY SIZE: Small company
* * * * * * * * * * MARKET AND INDUSTRY * * * * * * * * * *
SIC:
65230 - Other financial intermediation not elsewhere classified
* * * * * * * * * * FINANCIALS * * * * * * * * * *
FISCAL YEAR DATE: March 31, 2006
FISCAL YEAR END: March 31
LAST FILED ACCOUNTS: March 31, 2006
ACCOUNTS TYPE: Full Accounts
ACCOUNTS LODGED DATE: January 9, 2007
ANNUAL RETURN: October 17, 2007
CREDIT LIMIT: 70,000
* * * * * * * * * * BALANCE SHEET * * * * * * * * * *
ASSETS
Date of Accounts 31/03/2006 31/03/2005 -
Tangible Assets 2,273,000 2,273,000 -
Intangible Assets 0 0 -
Total Fixed Assets 2,273,000 2,273,000 -
Stocks 0 0 -
Debtors 0 0 -
Cash 2,000 2,000 -
Miscellaneous Current Assets 1,874,000 1,896,000 -
Other Current Assets 1,876,000 1,898,000 -
Total Current Assets 1,876,000 1,898,000 -
Fixed Assets - - -
Intermediate Assets - - -
Due From Group, Non Current 0 0 -
Due From Group, Current 1,874,000 1,746,000 -
TOTAL ASSETS 4,149,000 4,171,000 -
LIABILITIES
Date of Accounts 31/03/2006 31/03/2005 -
Creditors 0 0 -
Bank overdraft 0 0 -
Miscellaneous Current Liabilities 495,000 96,000 -
Bank Loans - Current Portion - - -
Other Short Term Finance - - -
Due To Group, Current 0 0 -
Due To Directors, Current 0 0 -
Other Current Liabilities - - -
Short Term Loans - - -
Long Term Loans - - -
Long Term Bank Loan - - -
Other Long Term Finance - - -
Due To Group, Non Current 0 2,126,000 -
Due To Directors, Non Current 0 0 -
Other Long Term Liabilities - - -
Total Current Liabilities 495,000 96,000 -
Total Long Term Liabilities 3,042,000 3,242,000 -
TOTAL LIABILITIES 3,537,000 3,338,000 -
Called Up Share Capital and Sundry Reserves 982,000 982,000 -
Profit & Loss Account Reserve -370000 -149000 -
Revaluation Reserve 0 0 -
Shareholder Funds 612,000 833,000 -
Called Up Share Capital - - -
Sundry Reserves (Including Grants) - - -
Contingent Liabilities - - -
NET ASSETS 3,654,000 4,075,000 -
* * * * * * * * * * INCOME STATEMENT * * * * * * * * * *
PROFIT AND LOSS ACCOUNT
Date of Accounts 31/03/2006 31/03/2005 -
Total Sales 199,000 150,000 -
Cost of Sales - - -
Gross Profit - - -
Operating Profit - - -
Export - - -
Nontrading Income - - -
Interest Payable - - -
Pretax Profit -221000 -150000 -
Taxation - - -
Profit After Tax - - -
Dividends Payable - - -
Retained Profits - - -
Value Added - - -
Capital Employed 3,654,000 4,075,000 -
Net Worth 612,000 833,000 -
Working Capital 1,381,000 1,802,000 -
Emp. Renumeration - - -
Dir. Renumeration - - -
Audit Fees - - -
Non-audit Fees - - -
Depreciation - - -
Number of Employees - - -
GROWTH RATES
Date of Accounts 2 Years 3 Years 5 Years
Sales - 64 -
Pretax - - -
Total Assets - -1 -
Current Assets - -1 -
Current Liabilities - 416 -
Capital Employed - -10 -
Employee Wages - - -
Number of Employees - - -
INDUSTRY AVERAGES
Compared to 11,480 companies in the same industry sector
(year ending 2006)
SIC Code:
65230 Other financial intermediation not elsewhere classified
INDUSTRY QUARTILES
Lower Median Upper
Pretax Profit / Capital Employed (%) 0.00 6.06 56.52
Pretax Profit / Total Assets (%) 0.00 3.23 25.00
Pretax Profit / Sales (%) 0.00 20.86 61.56
Sales / Total Assets (%) 0.90 14.55 167.63
Credit Period In Days (Trade Debtors / Sales) x 365 36.89 0.00 0.00
Current Assets / Current Liabilities 0.67 1.27 3.38
Value Added / Number Of Employees (GBP) - - -
Employee Remuneration / Number Of Employees (GBP) 7,500.00 16,000.00 34,500.00
Sales / Number Of Employees (GBP) 13,000.00 47,000.00 118,337.3
Wages / Turnover (%) 48.21 25.12 12.15
CREDIT RATING
Year 0 = 50
Year -1 = 81
Year -2 = -
Year -3 = -
* * * * * * * * * * RATIOS * * * * * * * * * *
Date of Accounts 31/03/2006 31/03/2005 -
Pretax Profit / Capital Employed (%) -6.05 -2.52 -
Pretax Profit / Assets (%) -5.33 -2.46 -
Pretax Profit / Shareholders Funds (%) -36.11 -12.32 -
Pretax Profit / Sales (%) -111.06 -100.00 -
Sales / Total Assets (%) 4.80 2.46 -
Sales / Fixed Assets (%) - - -
Export / Sales (%) - - -
Working Capital / Sales (%) 693.97 1,755.79 -
Sales / Stocks - - -
Credit Period In Days (Trade Debtors / Sales ) x 365 0.00 0.00 -
Current Assets / Current Liabilities 3.79 19.77 -
Quick Assets / Current Liabilities 3.79 19.77 -
Total Debt / Net Worth (%) - - -
Shareholders Funds / Total Assets 0.15 0.20 -
Long Term Debt / Net Worth (%) - - -
Interest / Pre Interest Profit (%) - - -
Current Liabilities / Stocks - - -
Employee Remuneration / Number Of Employees (GBP) - - -
Employee Remuneration / Sales (%) - - -
Pretax Profit / Number Of Employees (GBP) - - -
Sales / Number Of Employees (GBP) - - -
Capital Employed / Number Of Employees - - -
Fixed Assets / Number Of Employees (GBP) - - -
Total Assets / Number Of Employees (GBP) - - -
Pretax Profit / Value Added (%) - - -
Value Added / Sales (%) - - -
Value Added / Number Of Employees (GBP) - - -
Value Added / Employee Remuneration - - -
Sales / Audit Fees - - -
Total Assets / Audit Fees - - -
Creditors / Debtors - - -
Total Debt / Working Capital - - -
Total Debt / Total Assets - - -
Hello folks, I'm new around here. I've been getting calls from Capquest for the last few weeks, on a new phone number that I've only had for a very short period of time. Having answered the first call and refusing to confirm my name and address, the person on the other end of the line ("Emma") refused to tell me what the call was about and repeatedly asked for confirmation of my name and address. We went around in circles for a while until I eventually hung up.
Since then, Capquest have called every day (sometimes two or three times in the same day, save for a few days break over Christmas) and left messages telling me to ring them with a reference number to be quoted.
I'm not going to waste money ringing them back to go through the whole thing of them asking me to confirm my name and address / me asking them what the call is about and who they're looking for, and I'm absolutley 100% certain that I don't owe any money to anybody.
The question is, does anyone know what sort of debts Capquest deal with? From looking on various forums, it seems they mostly deal with credit card debts, and I've never had a credit card in my life!
I'm not really sure where to go with this now, with me not willing to disclose my details and therefore not being able to get even the smallest piece of information from them. I have sent a few letters explaining the situation (and pointing out several times that I have only had this number for a couple of months, and it only exists so family can get in touch with me in an emergency while a relative is seriously ill in hospital), but they still keep calling and leaving messages...
If anyone knows what sort of debts they deal with, this would help immensely as it may help me decide what to do next! Thanks very much for any advice any of you might be able to give me
Is it possible the previous user of your newish mobile number allegedly owed something to Capquest? If you ask Capquest to tell you just the last name, or at least the first letter of the last name, and they are chasing the wrong person by ringing this number, both parties will save time and aggro.
Capquest are a debt collector licensed by the OFT under strict conditions. They will not want to lose their licence for infringement, and their Company Secretaray will be well aware of this, even if the telephone monkeys making calls for £5 per hour may not be.
There are some more proactive thigs you can do too.
1) there is a template letter about harrassment by phone in the templates libray you could send them
2) to pursue a debt without making abslutely sure that the person you are contacting is the debtor is contrary toOFT guidelines on debt colection - you could report them to the OFT
3) you could send them a request under ss77(1) and 78(1) of the Consumer Credit Act to froce them to send details of the alleged debt they are chasing
Steven
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GE Money Won unconditionally May 2007 NatWest Won unconditionally August 2007 BrighthouseWon unconditionally August 2007 GoldfishWon unconditionally April 2008 (including CI on the basis of Sempra) Clydesdale Financial Services (now BPF) Won unconditionally February 2008
Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.
Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.
im now to having problems with crapquest they told me last month if i paid them £186 ( of a £600 debt ) by the 21st december they would class it as final payment i sent the cheque for this amount which cleared in my bank on 19th december today i recieved a letter telling me a debt collector was calling to talk about payments for the remaining £414 that was outstanding . i have the letter from them offering this one of payment so i think i should let them take me to court now any suggestions would be helpful
The doctrine of promissory estoppal as developed by Lord Denning:
Promissory estoppal
When one party has, by his words or conduct, made to the other a clear and unequivocal promise or assurance which was intended to affect the legal relations between them and to be acted on accordingly, then, once the other party has taken him at his word and acted on it, the one who gave the promise or assurance cannot afterwards be allowed to revert to their previous legal relations as if no such promise or assurance had been made by him, but he must accept their legal relations subject to the qualification which he himself has so introduced. This doctrine of promissory estoppel derives from a principle of equity enunciated in 1877.
There you are - promissory estoppel - i am indebted to pt2537 for this information.
Steven
Using CAG Toolbar will generate much needed income - Download Here
Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial
My Wins
GE Money Won unconditionally May 2007 NatWest Won unconditionally August 2007 BrighthouseWon unconditionally August 2007 GoldfishWon unconditionally April 2008 (including CI on the basis of Sempra) Clydesdale Financial Services (now BPF) Won unconditionally February 2008
Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.
Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.
You wrote to me on [date] saying that you would accept a payment of £186 in Full and final settlement of the above account (copy of letter attached) provided you received this payment on or before 21 December 2007. [As you can see from the copy of my bank statement attached, OR My bank informs me that] the payment reached you on 19 December.
Today I received a letter saying that a debt collection agency would be calling to discuss payment of the outstanding £414.
I refer you to the doctrine of promissory estoppal as developed by Lord Denning:
When one party has, by his words or conduct, made to the other a clear and unequivocal promise or assurance which was intended to affect the legal relations between them and to be acted on accordingly, then, once the other party has taken him at his word and acted on it, the one who gave the promise or assurance cannot afterwards be allowed to revert to their previous legal relations as if no such promise or assurance had been made by him, but he must accept their legal relations subject to the qualification which he himself has so introduced.
I am prepared to believe that your instruction of a debt collection agency is a mistake. If not, your agent is clearly in breach of OFT guidelines on debt collection because of our agreement and, should the case proceed to court, I will invoke the doctrine of promissory estoppel as defence.
I expect to hear from you in the next seven days that this matter is at an end. If you or your agents persist in pursing payment of this now closed account I will take action against you through the county court.
If you do not understand what this means you should consult a qualified solicitor.
Alter the bits in blue.
Note: I have slightly reworded on advice from others.
Steven
Using CAG Toolbar will generate much needed income - Download Here
Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial
My Wins
GE Money Won unconditionally May 2007 NatWest Won unconditionally August 2007 BrighthouseWon unconditionally August 2007 GoldfishWon unconditionally April 2008 (including CI on the basis of Sempra) Clydesdale Financial Services (now BPF) Won unconditionally February 2008
Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.
Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.
recieved a letter from crapquest today after sending promissory estoppal letter reads thank you for your letter the remainder of this debt has now been passed onto our collections dept for a house call to collect remainder
I remind you that you agreed on .... that my payment of £xxx was a Full and final settlement of this debt (copy attached).
However, notwithstanding the fact that the debt is setteld, I notice that you intend to pass on my details to your collections department for them to call at my address.
You should remember that there is only an implied license under English Common Law for certain people to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.).
Please therefore take note that, I revoke license under English Common Law for you, or your representatives to visit me at my property and if you do so without my permission, you will then be liable to damages for a tort of trespass. You would also be conspiring in a trespass if you sent someone to visit me nevertheless.
Please note that I am only prepared to communicate with you in writing.
Steven
Using CAG Toolbar will generate much needed income - Download Here
Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial
My Wins
GE Money Won unconditionally May 2007 NatWest Won unconditionally August 2007 BrighthouseWon unconditionally August 2007 GoldfishWon unconditionally April 2008 (including CI on the basis of Sempra) Clydesdale Financial Services (now BPF) Won unconditionally February 2008
Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.
Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.
I appeared at Court against CapQuest who had issued a Stat Demand for a debt that simply did not exist. They did NOT bother to turn up and instead sent Court a letter saying that they werent going to BUT I ended up turning up. The Court awarded me Costs but CapQuest have failed to pay them at all. Shows exactly what they are like !!.
Anyone know the 2009 addresses for any of the directors ??
Cheers
Mike
Capquest debt recovery & Egg
for a loan after falling behind with payments after losing my job. Anyway, they passed it onto capquest debt recovery who are useless.
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