Jump to content


Capquest 'pre-litigation' letter


derkins
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5924 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Got myself into a bit of a financial mess a few years ago (scammed out of many £'s) and have been letting a debt management agency do the leg work...and stop me from getting too much grief & stress from Capital One.

 

So...been paying my agreed amount each and every month for one of the nice juicy debt that gets sold off to all & sundry. Would appear CapQuest now own it.

 

I had a statement of my account that shows payment was made on the 12 Dec...they chased on the 20th Dec for a 'defaulted payment'. I sent in the letter to be delt with & also phoned my management company to advise them.

 

So today (dated 4th Jan)- get letter of 'pre-litigation' (Court / Baliffs / Seizure of property...usual thing) as aparently I left the payment unresolved. Now I have proof the payment was processed & sent...and it's being followed up by the management company to see if / when it was cashed. I have until the 10th Jan to call Capquest or they start legal proceedings.

 

Has anybody else had them 'lose' a payment & cry 'default' - or just any advice to stop me worrying.

 

I know this is a tactic of intimidation, and reading some of the other experiences with them, it's nothing new. BUT, where do I stand if the payment has not been taken / rejected (although it was the pre arranged amount)...or do I start hiding anything of value!

 

ps. As this is my personal debt, in my name only and paid for only by me as it was incurred before I was married can they even try for a Warrant as the saleable items are 90% jointly 'ours' if not, solely bought by my wife...well, as I ain't got no money left!!!

 

Many thanks in advance.

Link to post
Share on other sites

send crapquest a CCA in template library ASAP,

 

bet you crapquest will soon dissapear (i done it) :D

If my advice has been helpful please feel free to click on my scales :grin:

 

Creditors and DCAs - Letter Templates & Budget Planner (CCA request letter N)and other templates)

 

Debt Collection Agencies & Statutory Demands, a few strategies

 

Abbey charges, Won

B-card non-disclosure of S.A.R, WON £30 costs awarded

B-Card, court for harrasement, failed to defend WON £175 http://www.consumeractiongroup.co.uk/forum/general-debt-issues/125554-28-days-later-no.html#post1422508

B-Card charges, partial refund, still fighting

Vanquis-Cabot, GIVEN UP :lol:

HFC & my mum, no brainer, no CCA http://www.consumeractiongroup.co.uk/forum/general-debt-issues/133330-hfc-my-mum.html#post1404514

 

PLEASE donate to CAG however small. They are fighting for YOUR rights as a consumer. http://www.consumeractiongroup.co.uk/forum/

Link to post
Share on other sites

ok soz just seen you new;

 

Hello and welcome to CAG, where many of us have been, or still are having financial probs, i'm sure you have read few post by now to get the jist of what when how and why,

 

what you need to do is send crapquest a consumer credit agreement request, the idea of this is to check they are legally entitled to collect this debt, as MANY MANY CAG'ers will tell you DCA's are not not law abiding (dont play by the rules) CAG one way or another MAKES them play by the rules.

 

ok CCA request, you need to send this off ASAP with the max fee of £1, usually best to send a postal order, when you fill in the CCA DON:T sign the letter with your signature just scribble or something (reason for this some DCA's have been know to scan, copy and past your signature to a genuine credit agreement)

 

you MUST either send this letter by recorded or special deliver as it is time sensitive, WHEN they receive it (check royal mail web site) you count 12 WORKING days, after 12 WORKING days by LAW they cannot ask/request/demand any payment from you.

 

it can be bit heavy but do you get general idea what you go to do????????

 

 

-------------------------------------------------------------------

If my advice has been helpful please feel free to click on my scales :grin:

 

Creditors and DCAs - Letter Templates & Budget Planner (CCA request letter N)and other templates)

 

Debt Collection Agencies & Statutory Demands, a few strategies

 

Abbey charges, Won

B-card non-disclosure of S.A.R, WON £30 costs awarded

B-Card, court for harrasement, failed to defend WON £175 http://www.consumeractiongroup.co.uk/forum/general-debt-issues/125554-28-days-later-no.html#post1422508

B-Card charges, partial refund, still fighting

Vanquis-Cabot, GIVEN UP :lol:

HFC & my mum, no brainer, no CCA http://www.consumeractiongroup.co.uk/forum/general-debt-issues/133330-hfc-my-mum.html#post1404514

 

PLEASE donate to CAG however small. They are fighting for YOUR rights as a consumer. http://www.consumeractiongroup.co.uk/forum/

Link to post
Share on other sites

Dont be so cynical.

 

If they received it and it hasn't been allocated to your account it is likely to be either; A clerical error when allocating the payment or you quoted an incorrect reference number, (or no reference at all).

 

Just phone them up and sort it out. Dont listen to the pathetic doomongers and bores who start screaming 'cca request', 'they did it deliberately'. Mistakes happen.

Link to post
Share on other sites

This seems to be a fairly standard thing for Capquest to do. I had been making payments to them for 9 months when I got a solicitors letter saying I had never made the agreed payments. I'm not sure if its some form of scare tactic or simply that their right hand doesn't know what their left one is doing!

Link to post
Share on other sites

The worrying thing about this is that whether they are deliberately saying you defaulted gives them leeway (in their eyes) to escalate your debt to a higher plane (e.g. you defaulted on a payment so now we will take you to court)......I would ALWAYS send a CCA request......they might be saying, well ok this person has been paying us £10 per month but will only pay it off in 2050, let's push (as commission is paid to collection staff on how much they 'turnover' each month, and they are given ever increasing targets)....whether or not you paid or not, they could see you as an easy target to get a CCJ or worse still make you bankrupt, as they may take the attitude and think 'well this guy will just give in as he doesn't know his rights).....bear in mind the CCA request puts the account into immediate dispute and is an absolute defence if the original can't be produced in court (and bear in mind that banks have been microfiching them for years and throwing away the originals - although they are probably getting more savvy to the CCA argument now)....

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...