Quick Capquest Question?

[Yellow160]

I have recently received a letter claiming to offer me a manager special to which they will pay 15% of what ever i pay towards the account, Says i have untill 21st Sept to accept this, Then 2 days later another letter arrives to say they are planning leagal action and if it goes to court they will be granted a warrant of execution and send a baliff? Can they send a baliff for an Overdraft? The overdraft is correct but its the £200 charges they have added on thats annoying me, Can i claim this £200 back and then agree a payment plan for the overdraft as im not denying that amount only the charges that have been added?

[Curlyben]

While these "offers" sound good they won't stick to them.

Now the ONLY way they can get a Bailiff is after court action has been taken and that assumes you have not defended and had a judgement against you.

 

Right first get a S.A.R - (Subject Access Request) into the bank and start the reclaim process.

Then send a letter to CapQuest saying the account is in dispute.

Try something like this.

 

ACCOUNT IN DISPUTE

 

Dear Sir/Madam,

 

Your ref:

 

 

Thank you for your letter of DATE, the contents of which are noted.

I am disputing the total value of these debts with BANK due to unlawful and unreasonable charges. As such Therefore I consider this account to be in dispute and no further action shall be taken until this matter is resolved.

As per OFT guidelines Section 2.8k "not ceasing collection activity whilst investigating a reasonably queried or disputed debt."

This process may take some time, due to the Office of Fair Trading's test case, but I will try to expedite this issue as a matter of urgency.

 

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

 

 

 

[Yellow160]

Cheers, Would the court not ask me to fill an income and expenditure form out for them to show what i can afford? Forgot to mention in my previous post that Capquest have been give the D of A and i have a letter from HBOS confiming this, Does this change how i approach these now?

[Curlyben]

As regards court action you are stressing needlessly at the moment.

IF they start action then you will have time enough to enter a defence and come to a payment arrangement.

What ever you do DON'T ignore any court paperwork as they will then be able to get a default judgement.

DCA's are always threatening court action, but mostly it's just that, a threat.

 

The fact you have a DoA from HSBC doesn't change anything.

Get your SAR into them and start on the reclaim process.

[Yellow160]

As regards court action you are stressing needlessly at the moment.

IF they start action then you will have time enough to enter a defence and come to a payment arrangement.

What ever you do DON'T ignore any court paperwork as they will then be able to get a default judgement.

DCA's are always threatening court action, but mostly it's just that, a threat.

 

The fact you have a DoA from HSBC doesn't change anything.

Get your S.A.R - (Subject Access Request) into them and start on the reclaim process.

 

No paperwork from the courts yet, Just the threatening letters from the DCA. Will send off the SAR to the bank on Monday then send the other letter to the DCA to advise the account is in dispute. That should hold them for a while.

[Curlyben]

So Yellow, have you heard anything from our "friends"

[Yellow160]

No nothing from them, The calls and standard letters have stopped since i sent them the account in dispute letter. Still waiting to hear back from HBOS.

[Yellow160]

HELP! Got a reply to my letter that i sent that Curlyben suggested, The reply reads along the folowing lines, Thank you for your recent letter and we have taken note of the contents, Please see below what action is required next, This is marked with an X in the box, The box reads Please Provide Proof That The Charges Are Illegal, Please supply this by the 29th Sept, This is not a demand only a request.

 

Does anyone have any suggestions on what letter to send next to them as im abit stuck.

 

Cheers

[mrmarmite]

ignore it just like i did, as they sometimes send out their own expendature thing, ignore that aswell,

 

curlyben do u think it be a prudent time to send a CCA?

 

i did this and got letter back saying "we have closed our account with you"

[mrmarmite]

yellow, tell em to bugger off as to proof, you have disputed this debt it is up to them to contact OC to verify, i went through all this with crapquest

[Yellow160]

I have also sent details to HBOS but heard nowt back from them, Just this letter from Capquest. I didnt think a CCA covered a Bank Account from reading other posts?

[Curlyben]

You have already mentioned the OFT's test case and told them the score, so they are just phishing.

File this one under IGNORE

[Yellow160]

You have already mentioned the OFT's test case and told them the score, so they are just phishing.

File this one under IGNORE

 

Thanks CurlyBen, It has been filed under Ignore.

[Yellow160]

Guess who has started to pester me again... Crapquest! Shoud i just fire off the above letter again? Never heard anything since Sept 07.

[Curlyben]

Yeah just send them the dispute notice and mention the fact you are still pursuing the bank for these charges.

[Yellow160]

###HELP###

I have received a letter yesterday advising the following:

 

In the matter of CapQuest Investments Ltd -V- Mr Yellow 160

Debt Purchased From: Halifax Plc

Balance £ Just over 1K

 

Despite our numerous attempts to assist you to find am amicable solution to settle this account, the balance remains unpaid.

 

Our investigations into your current financial position are now complete and it is unfortunate that we find ourselves preparing a statutory demand under section 268(1) (a) of the insolvancy act 1986.

 

It is out intention to issue the statutory demand (form 6.1) on or around 24 Apr 08 where it will be personally served upon you.

 

Now i know this can lead to a Bankruptcy petition!

 

Any advice on what i can do next? Obviously i dont want to be made bankrupt. I need to fire something there way over the weekend or Monday at the latest!

 

Cheers

 

yellow

[Boro]

Dont panic, if you get a statutory demand it is very easy to have set aside and you have good grounds given that the amount is disputed

[Yellow160]

ok cheers, just i dont want some random person turning up serving it as this is at my parents house and i dont want them hassled with my problems.

[Boro]

It could just be a threat to scare you but if your worried about your parents being involved contact them and arrange a time to be served, will probably be a bit of a shock for them

[ppstu]

Hi All I recieved a statutory demand from capquest i sent them another letter telling them the account was disputed and that i have copies of all previous correspondance and advised i would hand this to any judge if necessary and i recieved a letter a week later saying account now closed SEND EVERYTHING RECORDED.

Hope this helps.

[Boro]

Just because capquest say the account is closed doesnt meen its over, unless they withdraw the statutory demand and you file for a set aside and hear this from the court that the demand has been withdrawn then you must attend to have it set aside as if you do not they can still bankrupt you