CapQuest Help

[fin1]

Can anyone help me with this company called capquest who are demanding money from me.

 

They seem to be very dodgy despite telling them I do not owe any money to them and I had never heard of them, they keep hassling me, 2 months ago they phoned me every day despite me telling them where to go and hanging up.

Within the last week I recieved a letter telling me that the debt was due to be time barred and they were going to take me to court for the money before it became time barred. I have now recieved another letter saying that they are preparing a statutory demand under section 268(1) (a) of the insolvency Act 1986.

They also state it is their intention to issue the statutory demand (Form 6.1) in the next month where it will be personally served upon me.

 

What do I do? I have never admitted owing any debt and have not corresponded with them in any way apart from telling them on the phone that I do not owe the £7k they say I owe and I know nothing of it.

[maroondevo52]

Hello and Welcome, Fin1.

 

There's a good thread here on Capquest....

 

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/91710-capquest-harrassment.html?highlight=capquest

 

Sorry, I'm not too clued up on this, but if you start your own thread in this Forum.....

 

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/

 

You will get all the help you need.

 

Regards.

 

Scott.

[fin1]

Thanks

[fin1]

Can anyone help me with this company called capquest who are demanding money from me.

 

They seem to be very dodgy despite telling them I do not owe any money to them and I had never heard of them, they keep hassling me, 2 months ago they phoned me every day despite me telling them where to go and hanging up.

Within the last week I recieved a letter telling me that the debt was due to be time barred and they were going to take me to court for the money before it became time barred. I have now recieved another letter saying that they are preparing a statutory demand under section 268(1) (a) of the insolvency Act 1986.

They also state it is their intention to issue the statutory demand (Form 6.1) in the next month where it will be personally served upon me.

 

What do I do? I have never admitted owing any debt and have not corresponded with them in any way apart from telling them on the phone that I do not owe the £7k they say I owe and I know nothing of it.

[Curlyben]

First NEVER talk to these "people" on the phone as they will try and get you to agree to anything.

 

Before you even think about making any sort of acknowledgement or payment to a DCA you MUST ensure that they have the LEGAL right to collect the debt.

This is achieved by requesting a copy of the Signed, Executed Credit Agreement via a Consumer Credit Act (CCA) request.

There is a template letter to be found here: http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

Letter N.

Is it important to start the letter:

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY in Big Bold letters.

 

It is best to send this request via recorded/special delivery as there are some important deadlines to observe.

 

After 12 WORKING days the "debt" is in default and stays that way until the request is complied with.

If a FURTHER month passes then the DCA has committed a summary criminal offence and the matter should be referred to Trading Standards for action once the DCA continues to demand payment.

 

I hope this clarifies some things.

[itsamomentintime]

send a cca request, which forces them to prove that they have the legal right to chase this debt. keep us informed

[shane5408]

Hi,

 

Would it not be prudent to first send the Statue barred letter? the onus of proof is on them to provide evidence there has been contact/payments within the last 6 years.

 

I'm just afraid that they may be using this action, especially the threat of a Statuatory Demand (which by the way in 95% of cases are just a bluff) to force you to admit liability. Also, even though in the CCA request you state you ackowledge no debt to the company and the £1 should not be allocated to the account They will most likely take it as payment anyway.

 

kind regards,

shane

[Brassed off]

Hi Fin - and welcome to CAG!

 

The Capquest Harassment thread mentioned above is my thread:)

 

First of all, do not ever speak to Capquest on the 'phone. Next time they ring, insist that all correspondence be in writing only. Do not enter into any conversation with them at all - VERY IMPORTANT!

 

I will look out for your thread on the DCA forum;)

 

Good Luck

 

Bo !!

[Brassed off]

Hi Shane - can see where you're coming from;)

Got my thinking cap on here – perhaps a “prove it” letter may be more appropriate.

Fin - have you any idea at all what the £7K may be for?

[Curlyben]

A very good idea there BO.

 

Here you go one Prove it letter

 

Dear Sir/Madam

 

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

 

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

 

I am/we are familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

 

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

I/we look forward to your reply.

 

Yours faithfully

[rory32]

Thread moved to Debt Collection Forum where you will get lots of help and advice.

[Brassed off]

Thanks Rory!

 

Fin has posted on the DCA forum too - am sure you can merge everything now - you being a mod and all

 

Fin's Other Thread

 

 

Bo x

[ODC]

Hi,

 

Also, even though in the CCA request you state you ackowledge no debt to the company and the £1 should not be allocated to the account They will most likely take it as payment anyway.

 

kind regards,

shane

At the end of the day it really doesnt matter what the company do with the quid the CCA request is quite specific

[fin1]

Hi Shane - can see where you're coming from;)

 

Got my thinking cap on here – perhaps a “prove it” letter may be more appropriate.

 

Fin - have you any idea at all what the £7K may be for?

 

 

Apparently they bought a £5k debt from Sainsbury's bank, I had a card a number of years ago with Sainsbury's on different occassions someone had used it outside the UK fraudulently, I complainrd to Sainsbury's and they agreed it could not possibly have been me that used the card details and they issued a new card and refunded the monies, about 12 months later it happened again and they did nothing even although I reported it to them and I proved it could not have been me, they then started charging interest on the amounts and I refused to pay and wrote to them on several occassions and stated I would make no further payments until the matter was resolved, that was in 2003 since then I heard nothing until I started of hearing from Capquest to say they bought the debt.

[rory32]

Threads merged. Thanks Bo.

 

Please keep to one thread

[Brassed off]

Fin – do you have anything in writing from Sainsburys? – if so, hang on to it – it may come in useful in the future.

 

In the meantime, send Curlyben’s letter in post #10 and let us know how you get on.

 

Bo

[poorgirl]

I have a debt with a catalogue that was passed to Cap Quest despite my request to the catalogue to send me a breakdown of charges as my actual debt is £88.00p and the amount they want is now £222.00

The catalogue ignored my request .

The debt has now passed to Cap Quest. I called them this week and paid the £88.00 but informed them that I was disputing the rest of the amount and wanted a breakdown of how the debt was made up.

They told me I had to send them one pound.

I don’t really know what to do next . I have written to Capquest requesting a breakdown of charges . However , I did not enclose the £1.

I am really annoyed that when I disputed the charges [which are more than the actual debt] I was told “you signed the agreement “.

Grateful for any advice.-does anyone have any template letters I can use?

[rory32]

Have you started your own thread on this poorgirl? If you have perhaps you could provide a link and we can have a look at it. If you don't know how to do this have a read here http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

[ODC]

You should not have sent them the £88 until they produced a signed CCA proving that you had signed an agreement. You can now send them a CCA request along with a PO for £1 and they are obliged to produce and agreement within 12 working days. As with most catalogue debt its very unlikely that a signed CCA exists

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-162367.html