Jump to content
NORTHERNGUY

Capquest/ Hl sainsbury loan 1999

Recommended Posts

I wonder if any one can advise me - I have recieved a letter at a previous address (from old landlady) from HL legal collection on behalf of capquest. The letter states I owe £4000 and interest is been added , and that I need to call asap to resolve or they will take a claim against me. Now I have paid capquest something a couple of years ago , but to be honest I wouldnt speak to them as they were awful and not helpful. I think the debt relates to 2000/01 as I lost my job then. There is nothing on my credit file for this amount. Any advice please , as I don't want to end up with a ccj or anything.


Thank goodness I found this site!

Share this post


Link to post
Share on other sites

Hi there , and thanks. Problem is I don't think this is statue barred as I made a payment to Capquest a couple of years ago. Do I contact HL solicotors or Capquest?


Thank goodness I found this site!

Share this post


Link to post
Share on other sites

HL Legal are simply solicitors for hire and as such to be ignored.

 

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.


Be VERY careful whose advice you listen too

Share this post


Link to post
Share on other sites

Thank's - so I send a CCA request off to Capquest and ignore HL solicotors. I've got to say the letter I recieved from HL was very badly written and worded - not worded the way I thought a solicotor would , but having said that the threat if I ignored was quite clear.


Thank goodness I found this site!

Share this post


Link to post
Share on other sites

Would someone mind having a look at my own Capquest Mini Hell ? !!

 

Here is the link: http://www.consumeractiongroup.co.uk/forum/general-debt/125928-capquest-threats-ethics-non.html#post1316443

 

Not sure what specific action I should take next or with whom.

 

All pointers gratefully received...

 

Happy New Year!

 

221b

Share this post


Link to post
Share on other sites

I sent a special delivery letter to Capquest on December 20th and a copy to HL legal services , I sent a £1 payment and requested a cca. They replied on the 30th saying the account is on hold whilst they collect the information. HL legal have not replied . The letters are showing as delivered on the royal mail website , but strangley they have not cashed the cheque I sent?

What happens now?


Thank goodness I found this site!

Share this post


Link to post
Share on other sites

HL Legal will ignore your letter as they are simply "solicitors for hire".

hey specialise in template Threat-O-Matic letters for DCA's


Be VERY careful whose advice you listen too

Share this post


Link to post
Share on other sites

What they do with the prescribed fee is their look out.

They have received your request and now MUST comply.

12 WORKING days and it's in default.

12 WORKING days + 1 month and it's a criminal offence.


Be VERY careful whose advice you listen too

Share this post


Link to post
Share on other sites

Thank's for that info - so they are in default now as its just gone past 12 working days. Sorry to sound thick , but if they come up with the paperwork now where does this leave me?

I appreciate I should now wait for them to contact me , these debts were from 2000/1 and dont appear on my files anywhere , but I think I have paid small amonts over the years.

Also capquest sent me a letter saying that 'we note from our enquires you do not have any means to pay the full amount - so we propose a one of payment discount , either monthly or lump sum'.


Thank goodness I found this site!

Share this post


Link to post
Share on other sites

Hi again

I still have not heard anything back from capquest , except a letter to say that they are retrieving the information I require. Two letters for two accounts in question.

Today I have recieved a demand from scotcall saying they are going to visit me regarding one of the accounts?

Whats going on , should I ignore .They want me to call , but I know not too.


Thank goodness I found this site!

Share this post


Link to post
Share on other sites

Any advice anyone? It seems strange how the capquest acknowledged my cca request , yet two weeks later passed it on too scotcall to chase me.

can they do this?


Thank goodness I found this site!

Share this post


Link to post
Share on other sites

Ok here goes , this is where I need peoples help - I have recieved a credit agreement from Capquest from a Sainsbury loan from 1999 , couple questions first -

1-I assume I will need to start a new thread for each account and agreement?

2-I will need to send a S.A.R to Capquest asap , because I think they have three old accounts?and to see what I have paid over the years to each , if any.

3-During 2006 , May I recal Capquest got in contact with me , I made a payment of £50 and then set a direct debit up which was paid until October 2006 , when strangely they stopped collecting from . I don't know which account I was paying.

4 - The loan account they are chaseing me for is dated December 1999. Payments would have stopped around June 2000 , as I then lost my job.

5 - Capquest have given me a week to contact them to arrange payment , I have to say I sent off the usual cca request , but no deed of asignment?

6 - The loan agreement looks correct ,all my details , but strangely my signature seems similar but not my usual ?

 

Your help and advice please!


Thank goodness I found this site!

Share this post


Link to post
Share on other sites

I have just gone back on my bank statements to see if the reference number they were quoteing on this loan account marries up , and they are different numbers so I suspect I have not made any payments on this since I originally had my problems in 2001.

It's quite complicated sorry!


Thank goodness I found this site!

Share this post


Link to post
Share on other sites

So they have not sent you the terms and conditions so have not complied with the cca request in full then........ sorry cant tell you whether that agreement above is enforceable or not but i believe its not unless accompanied by the terms and conditions even if it did meet the prescribed terms

Share this post


Link to post
Share on other sites
Ok here goes , this is where I need peoples help - I have recieved a credit agreement from Capquest from a Sainsbury loan from 1999 , couple questions first -

1-I assume I will need to start a new thread for each account and agreement?

that does help, yes.

 

2-I will need to send a S.A.R to Capquest asap , because I think they have three old accounts?and to see what I have paid over the years to each , if any.

if you want to, however, you can obtain a statement of account for free, by a request in writing.

 

3-During 2006 , May I recal Capquest got in contact with me , I made a payment of £50 and then set a direct debit up which was paid until October 2006 , when strangely they stopped collecting from . I don't know which account I was paying.

 

Have you S.A.R.'d your bank yet? it's a good start to recover the loan.

 

4 - The loan account they are chaseing me for is dated December 1999. Payments would have stopped around June 2000 , as I then lost my job.

 

if you haven't paid or acknowledged the debt in writing since june 2000 it is statute barred

 

5 - Capquest have given me a week to contact them to arrange payment , I have to say I sent off the usual cca request , but no deed of asignment?

6 - The loan agreement looks correct ,all my details , but strangely my signature seems similar but not my usual ?

 

if it's actually not your signature, you would have to dispute it in court.

 

S.A.R.ing the original creditor would be a good move.

 

Your help and advice please!

 

edit: the agreement itself looks enforceable, HOWEVER, I do find it strange... it looks like it is in a format originally introduced substantially latter than the signature date.


i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

Share this post


Link to post
Share on other sites

thanks Tom , so I will ask Capquest for a statement of account and s.a.r sainsburys bank. Whilst this is going on , will the account still be in dispute? As Capquest have said I have a week to resume payments. Also I take it the agreement I scanned up is correct?

Many thanks .


Thank goodness I found this site!

Share this post


Link to post
Share on other sites
thanks Tom , so I will ask Capquest for a statement of account and s.a.r sainsburys bank. Whilst this is going on , will the account still be in dispute? As Capquest have said I have a week to resume payments. Also I take it the agreement I scanned up is correct?

Many thanks .

 

I wouldn't go so far as to say the agreement you scanned up is correct... I haven't done any of the math etc... however, it looks basically enforceable.

 

They should have sent you copies of the insurance docs & terms and conditions, and the statement of account (if you asked for it).

 

The account is still in dispute, until you have been shown how they calculate the amount due, and I would send a letter asking them to explain that.


i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

Share this post


Link to post
Share on other sites

So I will fire off S.A.R's on Monday and get statements of accounts.

With regard to the last edit on your reply to my post - what I found strange was the whole signature box was shaded in with my 'allaged signature and date'.

Looking at my signature , its similar , but not quite right . I know I sound suspicious , but it was the first thing that hit me when I opened the letter.


Thank goodness I found this site!

Share this post


Link to post
Share on other sites
Please fill in your quit date here

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.


  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?




  • Tweets

  • Our picks

    • This is a bit of a lengthy one but I’ll summerise best as possible.
       
      THIS IS HOW THE PHONECALL WENT 
       
      I was contacted by future comms by phone, they stated that they could beat any phone contract I have , (I am a limited company but just myself that needs a business phone and I am the only worker) 
      I told future comms my deal, £110 per month with a phone and a virtual landline, they confirmed that they could beat that, £90 per month with a phone , virtual landline  they also confirmed they would pay Vodafone (previous provider) the termination fee. As I am in business, naturally I was open to making a deal. So we proceeded. 
      Future comms then revealed that the contract would be with PLAN.COM and the airtime would be provided by 02, I instantly told them that this would break the deal as I have poor 02 signal in the house where I live as my partner is on 02 and constantly complaining about bad signal
      the salesman assured me he would send a signal booster box out with the phone so I would have perfect signal.
      so far so good.....
      i then explained this is the only mobile phone I use for business and pleasure, so therefore I didn’t want any disconnection time in the slightest between the switchover from Vodafone to 02
      the salesman then confirmed that the existing phone would only be disconnected once the new phone was switched on.
      so far so good....
      • 14 replies
    • I was talked into signing up with Future Comms (future-comms.co.uk) who cold-called me to change my mobile contract to them, via 02, rather than EE. I have a small business (only me!) and it's a business contract. True, the 4G network is better for my area. This company seemed to be a marketing set-up for various telecoms companies, so I assumed anything I signed would be with 02 and didn't think it might be a problem.
       
      They sent an email whilst I was on the phone to set up the direct debit mandate with my bank which I signed electronically. That was the first, of many, problems I found. Apparently THAT was my contract, binding me to 3 years and no 'cooling off' period, because I was a 'business' (meaning any consumer rights did not apply). When I subsequently asked in writing for a copy of my contract, that is what they sent - when I argued it was a DD mandate they insisted it was my contract!
       
      2 days later they asked for my phone details to get it unlocked which I sent. 10 days later, EE closed my account, so I changed the SIM card to 02 that had come a few days before. No network! They had done nothing about unlocking it. Fortunately I was lucky with EE who managed to give me the right codes, rather than the usual 10 days to go through Samsung.
       
      By this time I was suspicious of their set-up and wanted to cancel. As I said earlier, I found myself trapped into a 3 year contract with no 14 day cooling off period (they don't offer that). Promises to deal with my complaints never happened, promised return calls neither....and on and on.
       
      Ofcom's rules apply to consumers and small businesses (under 10 employees), yet this shower don't acknowledge that. They just repeat and repeat that I am a business so it doesn't apply. To cancel the contract I have to pay the full 3 year's fees!!
       
      I would like to know if others have had similar experiences? Or does anyone know how I can maybe declare the 'contract' unenforceable? I have never before been locked into something without a clear written contract, with t&c's! And, yes, I have asked, and yes, I have been ignored.
      • 84 replies
    • Future comms!. Read more at https://www.consumeractiongroup.co.uk/topic/415706-future-comms/
      • 10 replies
    • A shocking story of domestic and economic abuse compounded by @BarclaysUKHelp ‏ bank complicity – coming soon @A_Gentle_Woman. Read more at https://www.consumeractiongroup.co.uk/topic/415737-a-shocking-story-of-domestic-and-economic-abuse-compounded-by-barclaysukhelp-%E2%80%8F-bank-complicity-%E2%80%93-coming-soon-a_gentle_woman/
      • 0 replies
×
×
  • Create New...