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Towelie v BOS - help please

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Hiya wondering if anyone can help me. I had a credit card with bank of Scotland which ended up going to a debt collection agency called Cap Quest Debt Recovery. Last Oct I agreed to pay it at £10 per month which at the time was all I could afford. The letter I got confirming these payments advised that they could review the accout at anytime and increase/decrease my payments. Well today I get a letter telling me it is getting passed to bailiffs. Starts of with:

 

We not with regret that you have chosen not to deal with this matter despite our numerous communications to you endeavouring to assist you in coming to a satisfacrory arrangement to settle this account without the need for legal action.

 

The last letter I got from this company was comfirming my agreement to pay £10 pm last Oct. I phoned up the company to discuss this but they wouldnt have any of it. Just said I have to pay it in full and its going to their pre-litigation system.

 

Any advice on what to do with this? Am angry that they agreed my £10 pm and havent wrote to me since to ask me to increase my payments. They are saying I havent dealt with it? Any help or advice would be gratefully appreciated.

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Hi,

 

I'm also having trouble with capquest just now. Was paying them £75 monthly for 6 months when I got the same letter basically saying I had been ignoring them. I sent my bank statements showing the payments and the replied acknowledging them.

Last week I got another letter and a 3 phone calls basically saying again I had made any payments and they now wanted a lump sum or it was going to solicitors.

 

When I phoned them I spoke to 4 members of staff who were bloody useless. I posted on this site and was told to write to them saying the debt is in dispute and no further payments will be made until it is resolved. I also told them thta all future correspondence should be in writing as I was not willing to discuss the account over the phone. Had no phone calls since. I think they just like to use bullying tactics and if you have proof you've made the payments they can't really do anything as they would get laughed out of court.

 

Good luck with them.

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Guest Lueeze

Good advice!

 

Louise x

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Hiya

 

Thx for info. I was gonna cancel the direct debit for their payment but am too scared to in case the bailiffs turn up at my door. I also have proof on bank statements that I have been paying them each month. I will write to them enclosing copies of these and see what happens.

 

One thing am not sure of, does it have to go to court before they can send round bailiffs? Dont want that to happen.

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This company are guttless!

 

i have been dealing with them and they have taken no-one to court in their history of 'collecting' stop the Direct Debit and send this recorded delivery:

 

Michael Daniels,

Capquest Group Ltd.,

Centaur House,

Ancells Business Park,

Ancells Road

FLEET GU51 2UJ

 

WITHOUT PREJUDICE

 

Dear Sir/Madam

 

Re: Account No/Reference No: XXXXXXXX

 

I do not acknowledge ANY debt to your company. I require you to supply the following documentation before I will correspond further on this matter.

 

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee, PO Serial Number xxxxx.

 

2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

 

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

 

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

 

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

 

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

 

Yours faithfully

 

 

they will not send this you then you can sue them for your money back....i'm about to start this - they have now said they have given the Halifax my debt back but the Halifax say its CapQuests and nothing to do with them lol...some one will pay me back as the debt with halifax was from their charges n e way!

 

good luck and keep us posted....if you want more info PM me

  • Confused 1

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Thanks for the letter, will send it to them, weird thing is I got my statements from BOS this morning, this is the account cap quest were dealing with. On my final statement on July 2003 it has:

 

10 Jul REFUND OF LATE CHARGES 80.00CR

10 JUL REFUND OF LATE CHARGES 80.00CR

10 JUL CHARGE OF ACCOUNT - PRINCIPALS 1682.74CR

10 JUL REFUND OF INTEREST 246.06CR

 

Now am really confused becaus ethe initial debt that capquest was chasing me for was only £536 :S I have double checked and its exactly the same account number as my BOS cc.

 

not sure really what to do next regards claiming back charges from BOS. Going to post that letter today though to Capquest.

 

Thanks again.

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Need some advice please.

 

Sent my DPA and received my statements this morning. Totalled up my charges to £290. However on the last statement they have refunded £160 charges, so I assume I can still claim for the other £130, also what charges do I not include? Can I choose what ones not to include or does it have to be e.g the first charges they charged me.

 

Another thing confusing me is this debt was passed to Capqeust ( I have made a seperate post) the amount Capquest was chasing me for was only £536 but my total owe to BOS was £2088. On my final statement it has the following:

 

10 JUL REFUND OF LATE CHARGES 80.00CR

10 JUL REFUND OF LATE CHARGES 80.00CR

10 JUL CHARGE OFF ACCOUNT - PRINCIPALS 1682.74CR

10 JUL REFUND OF INTEREST 246.06CR

 

Hope this is clear what I am asking. Still early in the morning and already am confused.......

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Thanks for the letter, will send it to them, weird thing is I got my statements from BOS this morning, this is the account cap quest were dealing with. On my final statement on July 2003 it has:

 

10 Jul REFUND OF LATE CHARGES 80.00CR

10 JUL REFUND OF LATE CHARGES 80.00CR

10 JUL CHARGE OF ACCOUNT - PRINCIPALS 1682.74CR

10 JUL REFUND OF INTEREST 246.06CR

 

Now am really confused becaus ethe initial debt that capquest was chasing me for was only £536 :S I have double checked and its exactly the same account number as my BOS cc.

 

not sure really what to do next regards claiming back charges from BOS. Going to post that letter today though to Capquest.

 

Thanks again.

 

I'm in same boat - though its a halifax debt not BoS - they havent sent CapQuest any info so as far as i'm concerned they cant collect it - but Halifax dont want to collect it as they have passed it on...i think i can get CapQuest off my back but i really want to claim back my charges off halifax - thing is i dont want them to start chasing me again!

 

i'd better start my own thread about this! - if you need any info on CapQuest etc then there is loads on gumble text website - lots of unhappy people fighting them!

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This topic was closed on 11 March 2019.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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