Capquest Threats - ethics non-existent!

[221b]

Hi

 

My experience with "The Anti-Christ also known as Capquest" is slightly different to the many other folk on here, but I would really welcome advice all the same...

 

Brief background:

 

Had my phone stolen abroad September 06. Thief ran up £1800 bill in 23 hours.

 

Mob phone co tried to get me to pay entire bill plus £500 disconnection.

 

Involved BBC Working Lunch and with advice from folk on here got "my debt" (Ha!) reduced to £850. Otelo then involved (waste of time as they're in the pay of the mob companies). Mob company won't shift on £850 debt as they say roaming mark up makes up large figure; Otelo agreed. I asked them to liaiase with foreign provider who weren't aware of a crime taking place and would they remove profit element. They refused.

 

They've handed "my debt" to Capquest who have behaved in their usual stylish manner of 10 phone calls a day to landline and mob. Mysteriously the fee has now also cropped back up to £2,350 odd (the original figure that I had already negotiated down to £850!)

 

I was unaware of this company before now so foolishly paid £250 to them over the phone when one awful person said that litigation was about to start within 7 days if I didn't pay something NOW.

 

I have also paid the mobile phone company direct £250, so £500 in total.

 

Since, have discovered CQ on this site and their hideousness, so have fought back somewhat.

 

Wrote to them 27th November asking for DOA.

 

They wrote back saying it would be in hold for 28 days (the usual response I've noticed on here).

 

Since then they've written twice, neither time enclosing the docs required and I've heard today from HL Legal who are now apparently 'handling' the case.

 

An added spanner is that the original mob contract was actually my 72 year old Mum's (bless her) she bought me the phone when I was a student so the original contract is in her name. Not that I want her to have to handle any of this, but it would prove interesting if it went to court I think, as I would be present , but the "debt" isn't officially mine I believe...

 

Not sure what to do next with HL Legal and or Capquest and or original phone provider. Honestly, I was a victim of a sleazy crime abroad, had no money or phone, reported as soon as I got back to Blighty (23 hours later) and yet, I feel like I'm the criminal here.

 

Advice please CQ Slayers??!!

 

I am a bit quandrified now...

 

Thanks

 

221b

[stapeley]

HL Legal and capquest are one and the same , just their legal department . I had same letter from them , also had the bad guy ,good guy act .

Do not talk to them by phone , you have already been talked into paying money to them . Remember your "debt" has been sold to them at pittance . So any amount the get is a bonus to them . Ask for the CC AGREEMENT AND DEED OF ASSIGNMENT . there are template letters .

GOOD LUCK.

[221b]

HL Legal and capquest are one and the same , just their legal department .

 

I understood that HL Legal wasn't a division of Capquest but an "Off The Shelf Solicitor Service" that anyone - you or I even could purchase - here's their website: HL Legal

 

Ask for the CC AGREEMENT AND DEED OF ASSIGNMENT . there are template letters .

 

I have already written asking for the CCA and DOA (on 27th November) actually - they wrote back that things would be 'on hold for 28 days while they got them and they never have! Yet they've not out anything on hold as they continue to write to me.

 

I'm also not sure that the "debt" (pah!) has been bought by them - I understand that they can have it assigned without owning it - is that correct?

 

GOOD LUCK.

 

Many thanks stapely!

 

221b

[2Grumpy]

Hi 221b

 

This isn't a credit agreement so there won't be a CCA

 

Grumpy

[The GodMother]

A few ppl dont realise that certain things dont come under a credit agreement.

 

These are mobile phone contracts.

 

l would advise you SAR them and see what charges have been applied to the debt.

 

Chrissi

[221b]

Thanks Grumpy, I didn't realise that.

 

So, a mobile phone contract - would they have to provide the original of that? Presumably mobile phone costs incurred over a month are a form of credit aren't they? I was never PAYG.

 

They keep addressing all the letters to my Mum at my address (she doesn't live here - no-where near in fact). They don't seem to have clocked that I am the one who paid all the bills for seven years. Where would that leave my Mum as far as a debt registered against her - or would it transfer to me? Confused over this bit...:?

 

As they haven't replied with the DOA, what is my next step to them - CQ and HL.

 

Thanks!

 

221b

[221b]

A few ppl dont realise that certain things dont come under a credit agreement.

 

These are mobile phone contracts.

 

l would advise you S.A.R - (Subject Access Request) them and see what charges have been applied to the debt.

 

Chrissi

 

Thanks Chrissi.

 

SAR Capquest or the Mobile company?

 

Thanks!

[The GodMother]

Mobile company but CC in cap quest

[Peterbard]

I understood that HL Legal wasn't a division of Capquest but an "Off The Shelf Solicitor Service" that anyone - you or I even could purchase - here's their website: HL Legal

 

 

 

I have already written asking for the CCA and DOA (on 27th November) actually - they wrote back that things would be 'on hold for 28 days while they got them and they never have! Yet they've not out anything on hold as they continue to write to me.

 

I'm also not sure that the "debt" (pah!) has been bought by them - I understand that they can have it assigned without owning it - is that correct?

 

 

 

Many thanks stapely!

 

221b

 

 

HI

Mobile phone service contracts are unfortunately not covered by the CCA1974 however if the phone itself was bought on credit then that puchase would be.

 

Mobile phone contracts are usually coverrecd by the distance selling regulations unless bought in store.

 

It is possible for an assignement to be equitable rather tnan a complete legal assignment this would entitle the assignee to pursue the debt although if they wanted to pursjue through the court they would have to refer the debt back to the orriginal creditor on an equitable assinment.

 

Best regards

Peter

[221b]

HI

Mobile phone service contracts are unfortunately not covered by the CCA1974 however if the phone itself was bought on credit then that puchase would be.

 

Mobile phone contracts are usually coverrecd by the distance selling regulations unless bought in store.

 

It is possible for an assignement to be equitable rather tnan a complete legal assignment this would entitle the assignee to pursue the debt although if they wanted to pursjue through the court they would have to refer the debt back to the orriginal creditor on an equitable assinment.

 

Best regards

Peter

 

Thanks Peter

 

How do I go about finding out this information? And what should my next move be in light of what you have said?

 

Many thanks

 

221b