capquest

[gerrard14]

my wife has just got a crditors notice from capquest requesting full payment 7 days if no payment a count court claim may be issued they are asking for 1174.19 from their client capital one the credit limit on the card is 750 told capital one that she was struggling we asked them to stop interest and charges but obviously they havent sent cca to capquest but it has gone to a po box number so i dont think it will get signed at other end

can anybody help what to do next

[Curlyben]

So basically Capquest are chasing a Cap1 debt that you have already sent a CCA for, Yes ?

 

That being the case, don't panic as there are legal timelimits for CQ to respond to your request, and while it's in process, without their compliance they can do NOWT.

[gerrard14]

sent cca when she got letter yesterday but as i said it has gone to a po box number will it get signed at other end i sent a letter to link which is on another thread last thursday 1st class and that is still showing on royal mail that it hasnt been delivered(signed for) so im thinking this will happen to this letter will have to find proper addresses for them both without pobox number

[Curlyben]

Bear in mind that a first class letter is considered delivered after 2 working days, signed for or not.

After all if that's good enough for the courts, it's good enough for us.

[gerrard14]

do i send a sar to capital one or capquest as it is over £400 the card limit and see what happens or do i just leave it for now

[Curlyben]

I would wait for CQ's compliance with the CCA first.

[gerrard14]

just checked royal mail and they have signed for the letter to capquest today so what is the time limit for them to reply with the cca request

[Curlyben]

They now have 12 working days from the date of signature.

[gerrard14]

Got Letter Today From Capquest Saying They Have Put Account On Hold For 28 Days While They Obtain The Information What Do I Do Next There Is Charges And Interest Added To Account From Capital One Do I Send Them A Sar Now

[Curlyben]

NOOOOOOOOOOOOOOO.

 

Leave CQ to their fun and games.

We'll respond if needed later.

[shaaarn]

Im in a similar scenario with the infamous Capquest. My 12+2 period elapsed two days ago. During that time I did get the letter asking for 28 days to investigate this matter from Capquest and then later on I got a letter from Capquest along with all the statements going back to 2001 from my Egg account but no CCA!

 

I have come across a template letter for 12+2 days elapsing but Ive noticed some people wait for the 12+2+30 days to elapse before sending any letters.

What is considered the best course of action?

 

Also Capquest say they are acting on behalf of Egg rather than having bought the debt from Egg does that mean if no CCA can be found then this will get passed back to Egg and they will start chasing me instead?

 

Any help would be greatly appreciated.

[shaaarn]

Unfortunately I received my CCA from Capquest after the 12+2 days but before the 30 extra days and it looks right.

 

My next step is to reclaim the charges which have been applied over the years and look into the PPI both of which account for 50% of the balance.

 

In the meantime I guess I will need to come to an arrangement as to a minimal amount I can afford.

 

Any other suggestions?

[uptoneck]

I'm in a similar position regarding CapQuest/Capital One. I was negotiating with Capital One to make token payments as my business isn't doing very well at the moment, but they've passed it on anyway.

 

Received a Creditor's Notice today from CapQuest saying they may take me to court if I don't pay the full balance in 7 Days. Spoke on the phone (not advised, I know, but I couldn't think what else to do) to a very curt lady who wanted all sorts of details: Am I a homeowner (no), do I own a car (yes, but it's off the road because I can't afford to repair it), got any children under 16 (no) etc. She then said they wouldn't accept less than £166 within the next 7 days or they will "take it further". Not sure what to do now. I doubt I can come up with that figure in such a short space of time. Any advice would be much appreciated.

[PGH7447]

Send capquest a cca request

 

and dont phone em ever

[MARTIN3030]

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/158682-capquest-dont-let-them.html

[gerrard14]

now got a letter from lowell saying that they have bought the debt but it was still in dispute with caquest since july 2008 what letter do i send to them anyone

[babydoll0141917]

Send them the bemused letter..It shudnt get passed on whist in dispute,,But DCAs take no notice of that..They obviously dont hav a valid CCA

[gerrard14]

where can i find the bemused letter

[babydoll0141917]

This is what i sent them, you will have to change the dates etc. if you decide to use it,

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY OR ANY COMPANY YOU CLAIM TO REPRESENT

 

ACCOUNT IN DISPUTE

Dear Sir or Madam,

Your Reference: xxxxxxxxxx

 

I refer to your letter of 06/11/08, I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the Bank of Scotland and has been since 9th February 2008.

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998.

My letter to Bank of Scotland dated 26/03/08 outlined the fact that the documents they had sent to me do not conform to the Consumer Credit Act 1974, and to date I have received nothing further to remedy this.

As Bank of Scotland are now in default of my Consumer Credit Act request, and OFT Collection Guidelines, I consider this account to be in SERIOUS DISPUTE.

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

Now I would respectfully suggest that this account is returned to the Bank of Scotland for resolution of these defaults and breaches, as Iqor cannot lawfully pursue any enforcement activities.

If Iqor chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines

I hope that this will not be necessary and an acceptable solution can be accomplished.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing, as this is the only method by which I am prepared to respond.

Yours faithfully

[gerrard14]

lowell are saying that my dispute doesnt stand as capital one have sent the required information the so called credit agreement looks like one but in the small print it states if my application is successful they with give me a credit card thus i take it that it is an application for a credit card but with a heading of consumer credit agreement please help