Capquest in Ireland

[Apip]

Good Morning all,

 

God, I wish I had found this site a few years ago!!

 

Any way, my little tale of woe:

 

Around 6 years ago I had a loan out with HSBC, whilst I was living with my Ex-Fiancée in the UK. The loan was of around 10K I think (that long ago, I can’t remember) Any way, we split in a rather nasty way, and we put the house up for sale. And during the time the house was on the market I was in Prague with work, and met my now wife, and now mother to my 1st Child (ahh) Any way, she is Irish, and lived in Ireland, and after a few months of back and forth, I decided to move over to Ireland, where we both now happily live.

 

The house in the uk was eventually sold, and my Ex was kind enough to take me to court for half the proceeds, even though she never paid a penny to the mortgage, bills ect. In the end we settled between our solicitors and she came away with a good few quid, As did I, but not as much as I thought I would get. In the mean time I had a letter from a debt collection agency (can’t remember name) stating they now owned the debt, and I need to pay them. I did, in dribs and drabs, and then didn’t pay anything for a while as I just didn’t have the funds. After a while I eventually received a letter from our dear friends capquest with the usual, we’re coming after you and your belongings blah, blah. To which had the desired effect as I pooped myself and got in contact.

 

I have never given them my phone number but after speaking to them on the phone, ( me calling them, silly boy, I know) I agreed to pay £200.00 per month. Which I did, but more by-monthly, than monthly. I had a few letters from their legal department, threating the usual. My last conversation to them was last week to say that I simply couldn’t afford to pay them as I had been using my credit card to do so, and I don’t have anything left on it.

 

I just wanted to ask when I go from here, as the debt stands at €7775 even after all the payments made. Do I still send a CCA, even though I have been making payments?

 

And what jurisdiction do they have in Southern Ireland???

 

I also revived another one from a TV I brought from Curries from Themes credit limited, with €209.86. The last payment made on that was 2004. And again, I stupidly called them, and they are sending out a payment plan.

 

Help….please

 

Thank you in advance,

[ODC]

Send them a CCA. Make them prove they are entitled to chase you for the money. Do the same to Thames when they send you a demand.

 

Its highly unlikely that eithe Capquest or Thames will pursue you.

[ScarletPimpernel]

Most credit agreements are based on English law and will state somewhere that English courts have jurisdiction. Whilst, if the amount was worthwhile, they might get an Irish DCA involved, they couldn't enforce anything in a foreign court.

[ODC]

You are outside their jurisdiction. They prefer to use Northampton Bulk Court because its simple. However it has no jurisdiction in Scotland or Northern Ireland and sure as hell could not be enforced in the Republic. So not only have you cheap Petrol but are unlikely to be bothered by Crapquest

[Apip]

Thank you for the replies. I will get the letters of tomorrow. Recorded delivery and postal order, right?

 

The petrol was cheap over here, but going up. But the shock at the prices back in the UK are .

 

I'll keep ye posted.

[ODC]

Thank you for the replies. I will get the letters of tomorrow. Recorded delivery and postal order, right?

 

The petrol was cheap over here, but going up. But the shock at the prices back in the UK are .

 

I'll keep ye posted.

If you are close to the border it would be better to use Royal Mail and a sterling postal order.

[Apip]

Thanks, I'm not near border. And out of intrest what differance would it make?

[ODC]

Thanks, I'm not near border. And out of intrest what differance would it make?

None whatsoever I just thought it would be one less excuse for Capquest and Thames. In fact if you never responded to them I hardly think they would bother you other than send a load of computer generated threats

[Apip]

An update for you, plus advice...

 

Capquest have written back saying that they are looking for the relivant documents, and if I would be so kind as to send over any documentaion I have relating to the loan with HSBC.

 

I am taking this that they do not have the documents, and wopuld like me to send them to their office! No way Pedro. They are not asking for any money for 28 days though.

 

So with that one, I will leave as is, and see what they come back with.

 

Now onto the smaller one, with Thames credit. Here is what they have written:

 

"We are not the original creditor. We did not provide you with the original credit facility. We purchased your outstanding debt balance and right to collect that balance, together with the right to apply interest in accordance with your original credit agreement. We did not purchase your actual agreement, consequently we have obligation to provide you with a copy of that agreement.

 

How ever, as a measure of good practice we will seek to obtain a copy of the original agreement from your original creditor, and if that is available we will send it thru to you.

 

IN the mean time, unless you are specifically denying that you have knowledge of this debt, or you are denying libel for the debt, there is no reason why our debt collection against you should be suspended.

 

We are now the legal owners of your account, and your liability is now with us.

 

Please make the necessary payments via".. Blah. Blah.

 

 

 

I'm a bit confused as they say they have no obligation to provide the agrement, yet they are going to request it.

 

 

 

 

Any thoughts, should I just wait to see what they come back with?

 

 

 

Thanks,

 

 

 

Phil

[Docman]

Now onto the smaller one, with Thames credit. Here is what they have written:

 

"We are not the original creditor. We did not provide you with the original credit facility. We purchased your outstanding debt balance and right to collect that balance, together with the right to apply interest in accordance with your original credit agreement. We did not purchase your actual agreement, consequently we have obligation to provide you with a copy of that agreement.

 

How ever, as a measure of good practice we will seek to obtain a copy of the original agreement from your original creditor, and if that is available we will send it thru to you.

 

IN the mean time, unless you are specifically denying that you have knowledge of this debt, or you are denying libel for the debt, there is no reason why our debt collection against you should be suspended.

 

We are now the legal owners of your account, and your liability is now with us.

 

Please make the necessary payments via".. Blah. Blah.

 

 

Translation into English (or Irish as it is the same in this case):

 

"We haven't got anything and can't touch you but thought we try it on just in case you pay up!"

[ScarletPimpernel]

What a shame that Crapquest's 'good practice' doesn't include not lying about their responsibility to produce the agreement whether or not they are the original creditor under s.189 the CCA 1974. It defines a creditor as: ‘the person providing credit under a consumer credit agreement, or the person to whom his rights and duties have passed by assignment’. The legislation is quite clear - rights and duties - there is no element of choice, and it is not possible for only the rights to be assigned. So, even if they didn't lend the money in the first place, they are still a creditor.

 

And you do have cheap petrol, compared to those of us in Northern Ireland. Mind you, it seems our shops are cheaper than yours, judging by the number of ROI-registered cars in all the shopping mall car parks!

[ODC]

You should also point out to the River Rats that they are obliged under S 175 of the Consumer Credit Act 1974 to pass your request for a CCA on the the original creditor.

 

What numpties.

[Apip]

Thanks guys for the replies, and sorry for the delay in saying thanks, I've been laid up sick for the past few weeks, and just recovering.

 

I did not call or write to either after the letters arrived, and then last week I received a letter from both of them on the same day. Very kind of them.

 

The Thames Credit ltd, or River Rats, as I now prefer to call them (thanks ODC) letter is basically saying that I am due to make a payment to them, and that they have tried to contact me by phone. (This is incorrect, but I'm happy they have not called, saves me having to hang up on them)

They go on to say that their call was purely out of courtesy to remind me that the payment is due within the next few days, and they have included a pre0paid envelope for my convenience. (Not included by the way)

 

Do I take it that I just ignore this letter, as they did not oblige under S 175 of the Consumer Credit Act 1974 to pass your request for a CCA on the original creditor?

 

The second letter from Crap Quest:

“We are writing with reference to request for further information on the above account.

 

We can confirm that we have requested the information from HSBC, however we are still waiting a response. Your account is currently on hold , and any interest being applied is frozen.

 

We will contact you again within 28 days to advise of the situation.

 

If HSBC respond to us within that time period, we will contact you immediately to resolve this matter.

 

Yours sincerely,”

 

Where do I stand here, did they not have to supply the information with in a set time from receiving the CCA from myself?

 

Thank you again guys, for your time answering my Q’s.

[ODC]

The become in default if they do not supply the CCA within 12 working days. They commit a summary offence if after a further calendar month they do not produce.

 

However I am not awaare of any DCA being prosected for non compliance.

 

They are waffling and they know it. They obviously computer generate their nasty letters as they should know that a prepaid envelope from the UK would be useless in the Republic of Ireland.

[Apip]

Blimey ODC, that was quick. Thanks.

 

So because neither of them have produced the CCA with in the 12 working days, they are now in default, what does this mean to me and the debt?

[ODC]

It means that they cannot enforce it nor demand money from you for it. If they make any demands for money without supplying you with your CCA then you should normally report them to TS but as you are living outside the UK this is rather pointless.

[ScarletPimpernel]

I have had two contacts from Capquest on different accounts; in both cases they failed to comply with the CCA, but as soon as I pointed out that this meant that they couldn't enforce, they passed the file back to the OCs.

 

I have no experience of Thames Credit, but suspect that they are just following a standard cycle of computer-generated letters, so their only costs are for postage. There will be a cut-off point at which they realise it's not worth pursuing.

 

The Threat-O-Matic ™ is a wonderful device, but it does sometimes operate in a different reality to the rest of the world. Thus, we see it able to send letters addressed to to the former address of someone who has lived abroad for some years, in which they are grandly informed that the DCA has now confirmed that they are still resident at their old home; letters in which an individual is informed that myriad attempts have been made to contact him by phone, whilst he has noticed the instrument chiefly for its silence; letters which entreat the receiver to telephone the DCA so that he may be helped, when all but the most educationally challenged knows that the opposite is true. Your example of being informed that you were due to make a payment is but another example of this interruption to the space/time continuum.

[ODC]

I found Thames aka the River Rats quite easy to dispatch. One email from my CAG email address was all it took.

[Apip]

Thanks,

 

So what should I do from here? Just sit and wait untill they give in?

 

ScarletP: You said that the DCA sent the debt back to the OC's (original creditors right?) What did they then do?

[ODC]

Thanks,

 

So what should I do from here? Just sit and wait untill they give in?

 

 

Yes. They will soon get bored

[ScarletPimpernel]

 

ScarletP: You said that the DCA sent the debt back to the OC's (original creditors right?) What did they then do?

 

HSBC sent a risible letter in which some cretin spluttered about continuing to pursue because their LEGAL DEPT (their caps) had told them they could, but actually they have done nothing whatever. None of the others have tried again either.

 

So, sit and wait, as ODC says.

[NORTHERNGUY]

Yeah it would be interesting o know what happened after Capquest sent the debt back to OC , as if Capquest felt they couldnt collect what hope would the original creditor have ?

[ODC]

The original creditor has more hope of producing a valid CCA than a DCA

[Apip]

Morning,

 

The River Rats are now p*ssing me off. They phoned the house on Friday, and my wife answered, I was out and she told the person on the phone that. Then they asked for my mobile number, she then asked who they where and he said he was calling from Themes, she then copped who and gave them a wrong mobile number.

The the cheeky git phones her back and has a go at her for giving the wrong number. My blood is boiling at the moment... She told him not to call again, and to write if they have anything to say.

 

Then this morning the home phone ring I answer it and its them again, I said I don't wish to speak with them at this time, and can they please write to me with anything they need to say. He kept intrupting me asking for my DOB. I take it this is so he knows its me??? Any way I just hung up. And now the phone has been ringing on and off for the past 5 minutes...

 

I take it I just continue to ignor, and if I do pick up and its them, do I just hang up, or do I yell them I have not recived CCA??

 

Thanks,

 

A very anoyed, Pip

[Apip]

Oh, and thanks for the replies about debt going back to OC. I didn't see them...