Cap One and Capquest

[Notty]

I have issued Cap One (on behalf of my son) the two standard letters and they replied offering me half of the money but this to be paid off the balance which is with Capquest. I sent Capquest the cca but they did send me the agreement. They refused my offer of the half payment but sent directly to me and not Capquest. I have today received a letter from Capquest saying this are persuing the money and the usual threat of baliffs etc. Should I persue my claim with the N1 claim form to Cap One and ignore Capquest? Should I send Capquest the letter that the account is in dispute and I am claiming against Cap One? Any help will be much appreciated.

[MilkTrayMan]

Persue your Claim for Penalty Charges etc with CapitalOne via N1 Form.

 

U can INSIST that CapitalOne pays U direct via a cheque etc

 

...But because Capquest have supplied U with a true copy of of the Original Credit Agreement containing ALL the stautory prescribed terms...

(...perhaps U could scan + Post it for peeps to double check??...hiding your personal details of course;))

...U will have to accept the debt + would it REALLY be such a bad thing if CapitalOne credited your Capquest balance instead??...

 

Is the amount of monies that U intend to Re-claim, greater or less than your current balance with Capquest??...

 

Are there any lingering Default issues to deal with, cos NOW would be the time to deal with them, in conjunction with your monetary Claim??...

 

 

...

[Notty]

Hi Milktrayman

Thank you for your reply. Yes I agree that it is a good idea to pay off the Capquest with the amount we hopefully get from Cap One but when they only offered half of it I dont think it was but if they pay the full amount which will then clear the actual debt that would be great. To hold off Capquest though should I write and tell them the account is in dispute and when it is settled they will get paid? There is a default and when the N1 claim is issued I will add it to the poc?

 

Also I will get the cca from my son and post it. Just worried they may start trying to collect any day.

Edited June 22, 2008 by Notty

[MilkTrayMan]

...they only offered half of it and that paid off the balance then I dont think it was but if they pay the full amount which will then clear the actual debt that would be great...

Please DON'T be such a defeatest Notty.

If the monies that U are Claiming EXCEED the balance owed, U should STILL hold out for the FULL amount + NOT settle for anything less.

 

 

 

 

...To hold off Capquest though should I write and tell them the account is in dispute and when it is settled they will get paid?...

U might want to mention that the account is in dispute, but it does NO good to commit yourself to future payments unnecessarily.

 

 

 

 

...There is a default and when the N1 claim is issued I will add it to the poc?...

Was the Default Notice correctly served??

Who has placed one on your Credit Report, CapitalOne +/or Capquest??

 

 

 

 

...I will get the cca from my son and post it. Just worried they may start trying to collect any day.

A/ They won't be able to collect if the Credit Agreement ISN'T a true copy etc will they?...

B/ Even if Capquest DO start proceedings, U also will have + U are more advanced in the process than them...

 

Have Capquest been Assigned the Debt, or are they just acting as agents on behalf of CapitalOne??

...This WILL have a bearing in the final outcome.

 

 

...

[Notty]

Hi Milktrayman

 

Thank you for the reply. On the letter from Capquest it does say "debt purchased from Cap One". It also says they intend to seek and order of the court and then an order with a warrant of execution. Baliffs etc, etc.

 

I will send the letter advising them the account is in dispute. I did send this letter to Cap One but they have just sold the account on to Capquest. I will post the letter from Cap One regarding cca.

 

Will also start the N1 claim form. Thanks again.

[Notty]

Cap One did not enter a defence to the N1 claim. There time is up and I have sent the request for judgment today. A letter has arrived in the post saying they have paid the full amount off the Cap One account and there is now a zero balance. I did not want them to send it to the account. I wanted them to send a cheque (to my son) and then we would offer the debt collecter a settlement. Why should they pay off the balance and not send a cheque. As there is a judgment request do we still have the upper hand? Any help would be appreciated.

[havinastella]

Notty, have a look at my thread here.

 

http://www.consumeractiongroup.co.uk/forum/capital-one/50003-havinastella-capital-one-3.html#post1610986

 

JOgs

[Notty]

Thanks for that Havinastella. I have had a read. Have you sorted it now. Did you send the letter on your thread that you were not prepared to accept the offer? If you did I think I will try the same one. As this debt has been sold to a Debitas at a fraction of the cost then why should Cap One pay off the full amount. I think its all a bit crafty. I notice the reply Cap One sent to you refused to pay the cheque to you. Did you resolve it? Thanks again.

[havinastella]

NO, its not resolved yet, I've been away and need some advise.

 

I think I'll PM PT!

[Notty]

Who is PT? I know I have read somewhere about them paying it off the balance and not sending a cheque. I am not sure if a judge would accept my arguement that they havent paid though and we wanted to offer the debt collector a deal. I have read through Cap one threads but not found anything. I seem to remember when I did my own Cap one claim someone told me I could insist they pay me but it was a while ago now. Tricky buggers they are they passed my account to a debt collector (Robinson Way) after they had settled and removed the default and Robinson Way put the default back on again. As I had written to the court to tell them Cap one had settled it was a nightmare. Managed to get it taken off again though but I had to threaten them with court action again. As I say with this claim (my sons) they have not entered a defence in the time frame so we have requested judgment but can we still refuse to accept them paying off the balance and insist on a cheque. I think Jonni2bad is the one who could help. Anyone else know of any letter to send?

[havinastella]

I have decided to request judgement for the outstanding £635.

 

Cap One have confirmed they have sold the debt, so they have no right to offset against it!

 

I HOPE