Help needed with CapQuest PLEASE!!

[Dolly6]

I have been in correspondence with CapQuest over a debt to the Alliance & Leicester. It looks like this is an unauthorized overdraft on an account I had with my husband from whom I am now seperated. It appears the overdraft was created by charges. I was totally unaware of any outstanding amounts with the bank and so have sent off the letter requesting the deed of assignment, bank statements etc.

So far I have had the standard 28 day letter back and one stating that there is no deed of assignment as they have not purchased the debt.

They have now also sent me a copy of the account application which shows no request for an overdraft. So far no statements.

It is now coming up to the 12+2+30 days and I am lost as to what to do next. Do I send the letter to them telling them they are in breach of the law? Or because it is an account, not a loan, is this different?

Obviously I want to know what the debt is made up of but do I ask the bank or is this admitting the debt?

Any help is very much appreciated as I am well and truly stuck:confused:

[oneofakind]

CCA request is not really the best way to go here. You need to get all your bank statements to add up the charges you have accumulated, and start claiming them back.

 

you should send the bank a SAR request, to which they have 40 days to respond. you will need a 10pound fee with your request.

The template letter you need is here: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/96518-data-protection-act-subject.html

 

your SAR will put the account into dispute with the original creditor, so you can tell the debt collectors to go away until this is sorted out. OFT guidelines say that they cannot continue their activities whilst the debt is disputed. You'll probably have to wait for the famed test case, but you should be able to keep the vultures off your back.

 

[Curlyben]

AS Oneofakind says, get a S.A.R - (Subject Access Request) into the bank and go for the charges.

For CQ here's a letter to keep them off your back:

 

 

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

[Dolly6]

Thank you so much for your replies. I haven't had any statements from the bank for years. Unfortunately, this situation is one of many I have found myself in because of my OH. He used to deal with the finances and hid all the post from me so that is why I am in the dark about how the debt is made up.

Would I be right in thinking that I need to write to the bank asking for the last 6 years statements before I send the SAR request?

[Curlyben]

No DON'T limit your self to 6 years, ask for EVERYTHING that they have

[oneofakind]

A SAR should get you everything for your whole history with the bank. It's not unknown for a bank to claim they are only obliged to keep information for 6 years due to the Data Protection Act. This is total bowlarks, as the act contains no such ruling.

 

Claim back EVERYTHING they have charged you, no matter how far back it goes. (My bank charge claim went back to 1998.)

It's amazing how the interest on old charges mounts up!

 

[Dolly6]

Thanks once again for you help. I will send the letters off as soon as possible.