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  1. I have been repaying an old debt through CapQuest since about January 2011, paying £25 a month (which is quite a lot of money for me at the moment as I am in a just over minimum wage paid job) I had to cancel some of my direct debits for May because I have had some time off due to three deaths and having to move house, my wages this month weren't very good and I would've gone over my overdraft and incurred bank charges which I simply can not afford. One of the direct debits I cancelled was the CapQuest one this morning at 8.01am I received a phone call from this number 01252 576 422. I didn't answer it but Google'd it instead and found that it is something to do with CapQuest obviously miffed at me for cancelling the direct debit and trying to get hold of me. I cannot cope with constant phone calls off these people at the moment, I am fighting hard to NOT have a breakdown with all the stress I have had this year If I phone CapQuest can I say to them that £25 is just too much money for me at the moment and as that they take a smaller amount until I am in a position to pay more? The debt I owed was from years ago and was bank charges that, at the time, I disputed and refused to pay. I don't even know how much the debt was for (I had a brain haemorrhage in 2007 and my memory of events before that date is shockingly bad, as is my short term memory). I am at a very very low point right now, there has been a lot of death and upset just in the first five months of this year a nd I really do feel that anything else which could add to the stress will simply tip me over the edge. I know it's my own fault for cancelling the direct debit and I am not saying I am refusing to pay it, I just need some help on paying it a bit less than £25 a month until I'm better placed financially to pay more. Please can anyone give me any advice on what I can do next? CAB maybe? x
  2. could anyone please advise on the enforceability of a response to a cca request received from jdwilliams https://www.dropbox.com/s/rfy5s9s2z5nsvc7/DSCF2342.JPG the name and address by the way has simply been written on the sheet and has not been signed , but they claim they do not have to provide a copy of an agreement bearing or some other proof of the customers actual signature. This become statute barred in 3 months and the balance of just under £400 has charges of over £200 can anyone advise how to proceed with this , still on cra file , account was opened on 5/2007 and last payment made on 11/2007
  3. .. I sent off a CCA request six months ago which has not been provided, the account is in dispute, i have been receiving 'arrears' letters since. My question is, would it help to send back the latest arrears letter with a "No contract. Return to sender" label, or sit on my hands? Thanks Pencil.
  4. Lowell's Solicitors are chasing an old debt (6yrs old) - as mentioned in post #1 old catalogue debt for JDWilliams & Oxendales Never seen a letter like this from them before Tactics or can they go further with this? Thanks LowellSolicitors.pdf
  5. I'd seen recently on my Equifax file that an old BT debt was being recorded by Lowell This was chased by and already paid to Credit Resolve in 2017 I emailed Lowell last week along with proof of payment asking them to remove the entry They've said: Good Morning, Thank you for your email, I have noted your comments and would be happy to assist you. Account Number Original Client Current Balance xxxxxxxxxx BT PLC £72.84 I appreciate the comments you have made and I can see from the screenshot provided this shows the balance due was paid on the 31st of May 2017. Your query We’re investigating this matter with BT PLC and will let you know of the outcome. What happens next? You don’t need to do anything. The account is on hold and we will contact you again as soon as we hear back from BT PLC. If you require any further assistance please don’t hesitate to let me know. Kind Regards, Hakim Lowell Financial, part of Lowell I've paid, I don't owe them, would I have to wait for them to investigate or should they be removing the entry straight away? Can I go back with the 'remove in 14days or I'll start legal action line'? Thanks
  6. Hi All I was hoping for some help with this credit agreement that was sent over from Capquest in reply to my CCA request. It's a shop Direct agreement and to my eyes it appears to have all the ingredients of an enforceable agreement. There is no actual signature but my name and date is printed in the signature line, there are terms and conditions along with a date. The debt will slip off my Credit file on the 27th August 2019. If it is unenforceable I am inclined just to leave it and let it fall off my file in 2 years. However if it is enforceable I would like to be able to prevent Capquest issuing me with a CCJ? Any advice would be appreciated. PS The attachments are in the form of a Zip file, as it wouldn't allow me to directly upload the JPEG. Regards Jonathan Doc 3 Sep 2017, 16-28.pdf
  7. Hi all , it is my first time ever discovering forums like these in my life. I'm Matt I'm a 26 year old male and to cut a long sob story short i have been ignoring various debts for years as they always used to get passed from pillar to post so i'm not entirely sure which company owns which debt etc. Following a bereavement in 2012 my life spiraled downwards into chaos , i drank a lot of alcohol every day for a long time i lost my home ,my job , my friends and just about everything you can imagine. I used various payday loans to pay for my drinking once i had lost my job and i tried to take my own life in 2015 because of my debts. I am still involved in mental health services i was diagnosed with Psychosis last year (2018) , i had a terrible time getting abuse 24 hours a day from voices in my head often keeping me awake for 4-5 days in a row. I am enjoying a January voice free, i don't take any medication anymore , it's taken a long time to sit here and have the confidence to post here. I received a letter today from a company called BW Legal which made me think it's about time i start working on a solution. I was hoping for some advice, help with anything you can while i have motivation to try and solve a very big problem i have and this is my debts. I have followed instructions from the site and i have obtained my credit report, to my suprise my debts are nearly £5000 less than i had anticipated bringing my total debt ( on my noddle report ) to £3745. I am currently receiving ESA ( Employment and Support Allowance ) so i do not have a big income to pay a lot of money a month. I did read about the statue barred sticky thread, i do believe some of my debts are older than 6 years old but i am unsure when the date starts from, also my memory is not very good about the past 6 years because i was drinking heavily. It is also the reason i am hesitant about contacting any of the companies for my account information. I do have letters somewhere dated in the past 3 months which i will try and upload. I have 2 CCJ's i believe one is from Capital 1 credit card for around £500 and a parking fine of around £200. Thanks in advance for any help i might get, i have been signposted for stepchange by my mental health worker , but i was worried i might mess up any chance of Statue barring any debts that might be eligible. I have downloaded a PDF from noddle with all my report on if anyone would like to see it. Lowell £ 499 Lantern £ 262 Active Securities LTD £ 442 Capquest Investments LTD £ 1,288 Lowell £ 780 Lowell £ 217 Barclays Bank Plc £ 62 Ee Limited £ 152 Thanks again
  8. Hi there, I've sifted through a few threads trying to get a jist of what to do. Quite a bit of info, I'm hoping someone can help me with my issues Done a credit report and I've currently 5 defaulted accounts and 1 arrangement NatWest credit card - defaulted balance £984 with a current balance of £785. This debt is paid DD £20p/m directly to Natwest, I've ignored ALL letters from Wescot who manage my account on behalf of NatWest. NW have just written to me this week informing that my account has been assigned to Cabot Financial, to cease my payments to NW and make future payments to Wescot for the foreseeable - Thoughts/ advice on what to do at all? Aquacard - Account in arrangement with CapQuest to pay £5p/m, current balance is £1,200. This doesn't show as a default on my credit file. Notes that its in arrangement Vanquis - account is defaulted with Hoist Portfolio Ltd - this was forwarded to Robinson Way and I currently pay £10p/m with them Current balance £320 defaulted balance was £859 (Dec 2018 6yrs expires) JD Williams - Held with Lowell managed with Fredrickson paying £5p/m. £919 defaulted balance, current balance £504 (Nov 2017 6yrs expires) BT - Debt was passed to Past Due, then Capital Resolve, then Freds. I paid Capital Resolve the debt of £91.05 Freds have this as balance owing when I checked online with them Lowell have a default recorded with the account type being Communications Supplier, default balance £72, august 2015 which I think is the original BT debt Oxendales - Default recorded with Lowell, managed and arranged payment with Freds of £5p/m I have just at the moment cancelled all standing orders & DD's, just want to get some clarity on what to do with them Thanks Shelly
  9. I do not know what to do with this, I received an Interim Charging Order today, with a hearing on 2nd December. I have not defaulted on the arranged payments which are £30 per month starting 21st October, this was arranged by a Variation Order. However Capquest have put on the form that this CCJ was not payable by instalments, which must be how they got the Order. I have phoned them and they say as the £30 a month is just a token gesture they are still going for the charging order, as they say I have defaulted on the total amount. The total debt with charges after the CCJ was £1404 but now they say it has gone up to £1600. I never had a credit card with MBNA in the first place they bought Benefical Bank with whom I had the card and just kept adding on charges. The hearing is at Bradford court which is miles away, so I will not be able to attend. I always thought they could only get a Charging Order if you defaulted on the ordered payments. Can I do anything about this.
  10. Hi , thanks in advance for your help. I have a Capquest debt on behalf of Shop Direct, for 1250 pounds. Default date is August 2013, my last payment listed on my SAR was Feb '13. When does this debt become statute barred?
  11. I recently CCA'd Moorcoft on a debt that they have been collecting on since 2006. The response i received is below. would appreciate any help on this, thanks. Moorcroft Debt Recovery Limited Moorcroft House, P.O. Box No. 17,2 Spring Gardens, Stockport, Cheshire SK1 4AJ. Telephone 01 61 475 2858. Fax O1 61 477 3864 12th May 2009 Dear M Re: Moorcroft Ref: Client Ref: We refer to your recently received letter requesting data as per Section 77-79 Consumer Credit Act 1974. We duly confirm that we have requested the relevant documentation from our client and once received we will duly forward the same to you. Meanwhile, we duly confirm that all collection activity on the account has been put on hold and we will not seek to enforce payment of this debt until such time as the documentation has been supplied or we have advised you to the contrary. In the meantime, however, we believe that it may be of assistance to all parties if we also take this opportunity to ensure that any potential areas of dispute are addressed prior to any possible court action or further investigation. To this end can you provide an indication of the information you will be relying upon, when giving evidence to the court or information to the relevant statutory authorities in relation to the alleged subject matter of this account. Please could you provide this information by return as this will ensure that all possible areas of dispute are identified as quickly as possible thereby minimizing potential costs and delays. Should you have any questions or require any additional information please do not hesitate to contact us direct on the telephone number shown above. Yours sincerely Mrs K Murray Operational Support Supervisor Registered Office: Moorcroft House. 2 Spring Gardens. Stockporl. Reg. No. 1703704 England.
  12. Following on from this thread https://www.consumeractiongroup.co.uk/forum/showthread.php?487703-Changing-a-Power-of-Attorney&p=5139451&viewfull=1#post5139451 Helping Mum deal with husband's finances, she has POA. There was a standing order for £15 pm going to Capquest, no reference recorded and no correspondence received for at least 4 years. Capquest can't trace an account or any payments received (I gave the a/c no and sort code of the originating bank). There's no record of any account with Capquest on CRA files. Other than asking the originating bank how far back the SO goes and if there was ever any reference associated with it, any suggestions? If Capquest can't trace an account, I think they should be refunding.
  13. Hi I'm looking for some help with the following claim from Capquest / Drydens. I receievd a letter from Capquest in Decemeber 2014, chasing an old Halifax Credit Card Debt, I responded with 1. CCA Request 2. CPR.31.14 Request which they acknowledged, but they did not supply the documents. They then start court proceddings, I submit a Defence to the court and the case was stayed after a few weeks. ==Defence Submitted 1. I have had financial dealings with Lloyds Banking Group in the past but unsure of any balances or ever been contacted by Lloyds Banking in connection with any outstanding debt. 2. I am not aware or have ever been informed of any legal assignment of this account number to the claimant It is denied with regards to the amount the Defendant owing monies to the Claimant and the Claimant is put to strict proof to: (i) Show how the Defendant has reached the amount claimed for. (ii) Show the APR and interest used to calculate the amount claimed for. On receipt of the claim form I served a Section CCA S78 request on the claimant, on which the basis of this claim relies upon. The claimant has yet to comply. I also sent a CPR 31.14 request to the claimants solicitors this was signed for on the 19/02/2015 again has yet to comply. Therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement with the Claimant; and (b) show how the Defendant has reached the amount claimed for; and © show how the Claimant has the legal right, either under statute or equity to issue a claim; As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974. Until such time the Claimant can comply with my request for a copy of the credit card agreement it relies upon they are prevented from enforcing or requesting any relief as pursuant to the CCA 1974 By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. ==Defence Submitted I have recieved a letter this morning from Drydens, they have also included : A signed copy of the Agreement, A letter from them saying they are looking after the debt A Number of Statments and a default notice, but there is no information on Names, Accounts, its all been blacked out. There giving me 14 days to contact them or they will apply to have the stay lifted at the court. From the statements, it looks like the last payment was on the 26th June 2009. There was another payment taken in July but was reversed the day after. I'm at a bit of a loss of what to do next, and just wondered if anyone had any advice. Thanks in Advance Darren
  14. Good Afternoon, I am writing her on behalf of my partner (debtor), who is not in a position to write themselves. For ease in translation I will write in the first person. In a nutshell In 2007 I took out an Aqua Credit card. In 2010 I got in to financial difficulties and defaulted (outstanding balance approximately £1500). The debt was sold on to CAPQUEST in December 2010. After some correspondence between myself and CAPQUEST I took it upon myself to set up a Standing Order in favour of CAPQUEST for £5.00 per month effective from May 2011. Details of the AQUA account were filed away and buried in the loft years ago and as the Standing Order was being paid from an overlooked bank sub-account I rarely visit (changed banking method), I forgot all about the debt and Standing Order. I did not receive any communication from CAPQUEST from this point, even when I told them I was moving. In the intervening period I have moved a couple of times. I informed CAPQUEST of the first move, but not the second. To be honest, so many years had passed and with no annual statements or communication with CAPQUEST I forgot they even existed until recently. In October last year I received a letter from CAPQUEST stating they had just purchased the account and requesting I telephone them to discuss repayment. At first, I thought CAPQUEST were chasing a Statute Barred debt. I wrote to CAPQUEST stating the account was Statute Barred. They responded confirming that they had receive a recent payment of £5.00 which confirmed the account was not Statute Barred. After a little digging around in a dusty loft I found my old AQUA file, where documents confirmed CAPQUEST had been assigned the account in December 2010 (not October 2017 as they were now suggesting), and a document confirming the outstanding balance of £1503.00 – not the £1976.00 now being claimed. Having established the debt was still ‘live’ and not Statute Barred, I made a CCA request. CAPQUEST returned the attached. I would be extremely grateful if someone could look at the attached and advise if this agreement is valid. Once I have a response, I will continue with the rest of the story and what has happened to date, including the results of a SAR. Many thanks in anticipation… AQUA REDACTED UNSIGNED AGREEMENT.pdf AQUA REDACTED SIGNED AGREEMENT.pdf
  15. Hi all Apologies if this isn't right as i'm new to the forum as i'm looking for some advice. I saw that others have had a similar experience to me and was hoping you could help me too. Last week I had a Sheriff Officer at my door who in the end put the form through in regards to the Simple Procedure Claim relating to a debt from 2012. This got me concerned which led me to do a bit of searching on the internet for advice. The debt came from a time when I took on far to much and in the end couldn't afford to make payments. Yep, it was a stupid decision and one i've regretted for the last few years and this particular one is from Isme for approx £614 I believe, would need to double check the form. I actually think that the debt is Statute Barred, based on when i made the last payment which i think was back in 2012 from what i have on my bank statement. Capquest are claiming that the last payment was in July 2013, however i also had a very account which i was making payment to and the account number on the form is for Isme, which was different. As the payments were to Shop Direct as a whole would this be counted as my last payment even though it's a different account? I do know that Isme is now essentially Very and doesn't exist anymore. When i signed into my account it was via the very website, although I had to choose the separate account number for Isme. When I get home i can post more information if required although any help/advice would be greatly appreciated. Thank you
  16. HI Guys, Capquest have been writing and callimg me since taking over a Halfax OD. i recently sent them a 'prove it' style - They replied. - Overdraft response was very generic: 'We have been advised by 'bank' that section 74 of the CCA 1974 provides that an overdraft on a current account will not fall within the documentation requirements of the CCA. Therefore we are not providing a copy agreement for the above' Doesnt leave me with a very good idea of anything right? My uncle has been kind enough to lend me money so i would settle, but first off i dont know who the hell Capquest are and they are not responding accordingly to me. Any advice is appreciated Many thanks Its seems not only have Halifax put a default on my file but Arrow have too!
  17. I have recently received 2 letters off restons one last week with a income and expenditure form and one today giving me 14 days to reply with either full payment or installments again with the income and expenditure form. Its on behalf of capquest who have taken over a debt from shop direct its for £5177.00 i havent heard off shop direct in years. Ive looked on my credit file and a default was put on 2015 but i havent responded or spoke to them in 5 years at least. I went through a very hard time personally i cant even rememeber the last time a payment or any contact was made with shop direct. Ive never spoke to capquest on the subject. What do i do now?? I think this debt is over 6 years old i dont think i have made contact or paid anything within 6 years, how do i find this out? Please help im due a baby in november and only on maternity pay this is the last thing i need to come out the woodwork
  18. I have a statute-barred loan originally from Lloyds which was sold to various debt collection agencies over the years. Today I received a letter from Capquest informing me that they are paying a refund from Lloyds into this loan account. They say: "Your Notice of Sums in Arrears, or NOSIA, should have been dated 1/2/2008 and you should have received it by 14/12/2008, so we're including a corrected NOSIA with this letter and refunding you £69. This amount covers the period between 15/12/2008 and 01/02/2018." My questions are, can they do this? Does this mean the loan will become active again? What can I do? Any help most appreciated, hank you.
  19. Hi Can you advise on the best way to make a monthly payment offer without having to give the my employer details. Need to respond by the 07/08/17 Regards Strongdumplin
  20. sat morn wife got letter from capquest regarding following account purchased from orange account no .,.,.,.,.,.....,,,,,, despite our attempts to contact you to bring the account to satisfactory conclusion,we have not been able to reach an agreement. we ask that you call us within 14 days on their number should no contact be forthcoming we may consider an escalation oin collection activity to recover the balance outstanding. there are still repayments options available to you provided you engage with us question leave alone as look as a standard robot letter or what
  21. Hi, Very new to this forum although I have read many a post... I was unfortunate enough to receive a claim form from Restons Solicitors for and alleged debt owed to Capquest for a shop direct account. After reading many a good post I acknowledged the claim on the MCOL site with defend all.. CCA request sent to Capquest via signed for service, its been received but to date no response. CPR 31.14 sent to Restons on 05/12/2016 again via signed for service, received on the 6th December 2016 and signed for. Today I have received a response from Restons and it reads as follows. Dear Madam, RE: Capquest investments Limited v. Yourself Account Number: xxxxxxx Original Creditor and Product type: Shop Direct - Isme Mail order Please find enclosed a draft letter which purports to come from you but which is unsigned. You will appreciate that we must ensure we are corresponding with the correct person and that anyone requesting information is entitled to it. Please ensure that all documentation is signed failing which we will not acknowledge receipt nor provide any response.. Yours faithfully Miss N Didsbury, Case Manager Is this a standard response from Restons for receiving unsigned CPR requests... Should I respond back? or ignore Thanks in advance ClaraCluck
  22. Looking for a quick bit of advice. Capquest purchased a defaulted Marbles credit card debt and are reporting it as a current credit card account with themselves. They have been doing this for about a year or so and I only noticed when I checked my credit reports with both Noddle and Clearscore. I have written to Capquest requesting they either prove I have a current credit card account with them or remove the entry from my files with the credit reference agencies. They have replied with a copy of the notice of assignment showing they purchased the debt. Now I have no argument they now own the debt - my argument is they are telling porky pies reporting I have a current credit card account with them and that the marbles account defaulted about seven years ago. As they are giving me the run around who do I report them to for entering false information with the credit reference agencies?
  23. I need help/assistance regarding a Simple Procedure claim that was posted through my door on Thursday 5th October by Sheriff Officers. The claim by Capquest/Shoosmith is regarding a catalogue debt which I believe should be statute barred as the date that a default was issued was 10/07/2012. I suffer from a long term illness and also depression and around that time was in and out of hospital frequently and for one reason or another, ignored the debt! Capquest/Shoosmith are now pushing to recover the debt which was initially owed to shop direct for the sum of £449.37. As I rely solely on benefits, I am unable to pay this without putting myself in further financial difficulty. Any help or advice would be greatly appreciated!
  24. Capital one have upheld my misspelling of ppi complaint but have written to advise me that they are offsetting it to a balance on my capital one account that is currently in a dmp. The repayments I am making to my dmp are to capquest. Is capquest part of capital one? I'm not sure if they just collect on behalf of capital one or if they have purchased the debt?! Any advise appreciated
  25. hi there, my partner has received two letters from capquest one on the 23/12/16 stating that they were managing her account from arrow global she knows nothing about this account I told her to ignore it , then today she received another letter from capquest stating that the original creditor was newday ltd and that if capquest do not hear from her within 14 days capquest will be recommending their client to start court proceedings . the only thing she knows about this is when newday got in touch with her 2years ago and they tried to take money from her bank account so she immediately stop it and phoned newday they told her it was from a Debenhams card used in Romford she explained to them that when this card was used she was living in Newcastle upon tyne at the time 5 1/2 years ago they said they would look into it and she has heard nothing from them till now , the only thing she can think of is that Debenhams sent out a new card and pin number to her old address in Hornchurch after hers ran out and the new owners of her house have used it once again she explained this to newday . the question is do we get in touch with these people or ignore it any advice would be great thanks
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