CapQuest Hell - Please Help :(

[jo5ephedward5]

hope this isnt waffle! – and it’s a long one…

 

I have been dealing with CapQuest for some time (previously I was paying a company called FT&C, then had a letter telling me their name had changed)

 

Unfortunately I had been paying them via standing order / direct debit - they have ‘lost’ 6 month worth of payments which they made me pay in full and double my monthly payment (I’m still trying to get a refund of these 'missing' payments!)

 

The only reason I did a 'Google search' and found the grumble text website (excellent info on DCA), was due to yesterday a horrible Scottish bloke (Mr Campbell) who called me and said I’d missed a payment in Feb. and that I had tried to cover it up by making a double payment this month...

 

to clarify events so far:

 

Nov 2004 I had threats of court etc off solicitors – wrote letter with offer of 325 per month for both accounts, this was accepted but to be reviewed in 6 months.

 

Sept 2005 letters threatening court (I hadn’t missed a payment) they said I had a 6 month plan with then and had failed to contact them to update it – they said they had no record that I had been paying and had to pay the missing 5 months payments and double my offer to £50 on one account and the other could stay at £25

 

Feb 2006 letter to say they had a prob with their system and no payment could be taken…they would take 2 in March

 

March 2006 double payment taken as planned – then a call from Mr Campbell saying, I had missed a payment and tried to cover it up by paying 2 this month lol…after a very heated conversation with him he offered me a settlement I said I was interested and could he put it in writing? He said I had to pay now, I pointed out that if a random guy had called him demanding money would he pay with no questions – he said yes if he owed the money! He went on to say he’d call every day until I paid and I was fool not to make payment then!

I then found the Grumbletext, UK consumer complaints - post online and via SMS text message! web site and under CapQuest read that many people have been having trouble…it was suggested I send the standard do not acknowledge letter requesting Deed of assignment & statement of account. (I also stopped my direct debit to them)

 

Had various letters stating they were on the case…30 days were up so I asked for my payments back – they went silent, I then like a fool re-sent the 1st letter and extended the 30day…I know I know my bad…I hadn’t found this site then!

 

June 2006 They have now sent me for one account a signed copy of the application form to say bank may offer me an account…but not that they had and I’d accepted etc.

 

June 2006 They send me a letter form Halifax to say the debt was sold but it is missing info such as sold dates etc and looks like they have got a template that they have edited, and its supposedly from Halifax and has a photocopies signature with no contact number on it…very unusual for a bank don’t you think?

 

July 2006 Letter threatening legal action

 

July 2006 a personal letter signed by a real person saying:

 

We thank-you for your recent correspondence the content of which has been noted.

 

In response to your request to provide a full refund of all monies paid towards the above mentioned accounts we write to advise that this will not be forthcoming. CapQuest Debt Recovery Ltd has been handling these accounts since November 2004 and at no stage have you indicated the accounts were disputed or fraudulent. Your regular payments to the accounts and the request for a full and final settlement figure are an acknowledgment of the debts and as such you would be aware of the original agreements and the terms attached. Please be advised that we have requested a further copy of both agreements from HBOS PLC but respectfully remind you that liability has been admitted for the debts with the agreed payment plans negotiated with you under separate cover. Please note that the interest applies to the accounts has been refuded whilst the payment plan is in place but whilst no payments are being received, the interest will be applied at a rate of 1%per month.

 

As requested, we have forwarded on the 22 June 06 a copy of the letter dated 22 November 04 issued by HBOS PLC advising you your accounts had been sold to CapQuest Debt Recovery Ltd and thus providing you with notice of assignment. We note that the automated system generated a letter advising that the accounts had been returned to HBOS PLC. Please be advised this is not the case. This was a system error. CapQuest Debt Recovery Ltd will be dealing with these two accounts and the handling will not change.

 

Please find attached your £1.00 postal order which is not required. We request that you contact our Collections Debt on the telephone number 08700843501 withiin 7 days to rearrange your payment plan or should you require any further information please contact the collections administration department on telephone number 08700842515. We note that you have already taken advise from your solicitor and avise that we will be happy to correspond with them upon receipt of their contact details and you signed authority to discuss theis (their spelling mistake) issue with them.

 

The copy agreements will be forwarded as soon as we receive them. In the meantime your accounts will be put on hold pending a response from either you or your Solicitor.

 

Your Sincerely

 

 

Anne McClaren

Collections Administration Department

I’m now at a loss as what to do next – I’m sure they are calling my bluff as the deed of assignment they talk of is addressed to me with June 22 date on it and no dates of assignment just blanks – like they have got a template and not filled it in as they didn’t know what it should say….its also a photocopied signature Euan McPherson with no job title (on Halifax headed paper though)

 

The ‘deed’ they talk of has a line at the bottom saying I can confirm the amount outstanding on your account as at was £323.23…now they say they forwarded me a COPY of their letter dated 22 nov 04, so why is it dated Jun 06 from Halifax themselves? And why would Halifax make errors in a template and miss out dates as this is the important part? Finally the letter from Halifax says the balance was 323.23, but this is what CapQuest say is owed now (it was £600+ when I started paying it)– why would the deed have this total on it, surely it would be the total from when it was sold?

 

But by the same token they could be serious and if they have the info I have to start paying again!

 

I was so confident about it until today!

 

Please help me ?

[dolly]

Sorry for the delay in someone getting back to you.

 

Can I just clarify...you have sent a CCA request to Capquest and basically they won't accept it as you had already been making payments so they have returned your postal order? Is that right?

 

Just looking into it more for you but if you could just clarify that it would help

[jo5ephedward5]

Sorry for the delay in someone getting back to you.

 

Can I just clarify...you have sent a CCA request to Capquest and basically they won't accept it as you had already been making payments so they have returned your postal order? Is that right?

 

Just looking into it more for you but if you could just clarify that it would help

 

yes this is true, they have sent me a few items but not what i have asked for...no statements, no agrements (just a copy of an application form for one of 2 accounts...it doesnt say i had got the acount it was just a form to say they could search cred file and look at offering me one)

 

also had 2 very odd letters from Halifax (original creditors) saying that the debt was passed on to CapQuest - it looks dogy tho as stated above, and the dates it was handed over are left blank...seems like an incomplete template to me!

 

i think these are fakes as info thats missing would not b missed by Halifax...also no contact name or number on the letters - plus CapQuest say its a 'copy' of the one that they have from 2004...but it has jun 2006 date on it?

 

i have it as a pdf if u would like to see it

 

as far as i'm concerned i was 'forced' into thinking these were my debts, their tactics are truely shocking - letters form fake solicitors etc - i just want my money back, every time i tell them they cant do what they threaten me with they say it was a computer error...someone has to tell them what to do!!!

[thewifeandI]

It sounds to me that you might have a good case for Trading Standards - there is one specific TS office that is investigating this type of abuse by DCAs.

[jo5ephedward5]

2 Site Helpers in one day - am i special?

 

anyway - Trading Standards, which office seems to be investigating these things, i will be writing complaints at the weekend.

 

I want to use the small cliams court to try and get my money back ... this should be possible shouldn't it? and is it the best way to tackle them?

[thewifeandI]

Have a read of this thread

[alanfromderby]

These issues can often appear very complex, and certainly the DCA's try and throw up a smoke screen, and apply pressure and fright tactics in order to deflect from having to address your questions.

 

It is therefore vital that you decide what you want to achieve, and then take the steps to achieve that. Sounds simple, but when you get threatening phone calls, and letters warning of bailiffs etc., it can be very easy to lose the plot.

 

Okay, these are the important questions, and should be applied to each separate debt.

 

1) What type of account was this?

2) What is the reason you dispute the original debt?

3) How much of the original debt do you dispute?

4) Is the DCA working on behalf of the original creditor, or has the debt been bought?

5) Has the DCA provided the requested information under the CCA request?

6) How much have you paid to the DCA?

5) Has the DCA added any fees or interest?

 

I appreciate that you have already answered some of these questions above, but I want to try and concentrate on the issues that effect how you can best proceed.

[jo5ephedward5]

These issues can often appear very complex, and certainly the DCA's try and throw up a smoke screen, and apply pressure and fright tactics in order to deflect from having to address your questions.

 

It is therefore vital that you decide what you want to achieve, and then take the steps to achieve that. Sounds simple, but when you get threatening phone calls, and letters warning of bailiffs etc., it can be very easy to lose the plot.

 

Okay, these are the important questions, and should be applied to each separate debt.

 

1) What type of account was this?

 

1x current account (800 overdraft) - opened in 2001, closed in 2002

1x credit card (500 limit) - opened as above

2) What is the reason you dispute the original debt?

 

Current Account = well it was back in 2002 (i think) i gained a few charges on my aco**** to the point where this account was owing more than i earned to get it in the clear...i had tried to communicate with them and they gave me a laon to pay them off (loan has been paid in full)...but they didnt cancel them so it started again but with the cost of laon on top (prob my responsibility - but its irresponsible lending if you ask me i was on under £500 a month and they could see £600 going out if i remember rightly!) I had a £800 overdraft but the charges got it up to £2500+ i admit i owe the Halifax £800 but they prob owe me more in previous charges that i have paid!

Credit Card = the payments were missed as the above account was over its limit and it was paid DD's that bounced - the charges on this account put it to £650+ at hand over time i think...

 

3) How much of the original debt do you dispute?

 

I would estimate i actually owe the Halifax £800 + £500 but i think they owe me more than that in charges etc...also they have stated its nothing to do with them anymore and have marked my credit file with part settlement - does this mean i owe them nothing? - its shown as Defaulted (never recieved notice) untill recently then an OK...when i click on my online credit report it says its was part settled

 

4) Is the DCA working on behalf of the original creditor, or has the debt been

bought?

 

Brought - but i have had no proof except their word, and threatening letters from CapQuest (previously Finacial Trace and Collections when i started dealing with them) and solicitors letters from Keppe and Partners (who are part of CapQuest which i think is illegal as its CapQuests address and Tel number not an independance company)

 

5) Has the DCA provided the requested information under the CCA request?

No

1) 1st time i sent CCA they only responded with account on hold. 30 days passed....

...Like a fool i re-sent CCA letter before knowing about this site - they have sinse sent me:

1x application form (signed by me) this is not a copy of the agrement its the form that give them permission to do a credit search etc and possibly offer me either a basic account or a current account

2) a letter from halifax to say debt has been sold to them, but i think this is fake as the sold dates, are not on it, the bottom line says:

"i confirm the amount out standing on your account as at was £2310"

yes you read that right - its missing the dates etc...also the ballance is what it is now, surley if halifax sold it it would have the old values not the current ones (this ballance reflects what i have paid off)

3) as above but for credit card....same letter with same mistakes just diff account number, it looks like they have had a template and forgotten to fill it in, CapQuest have also refered to this as 'copy' of their letter from Halifax in November 2004 but according to this its direct form Halifax in Jun 2006!!! also its a scanned sinature with Euan McPherson as the writer but no return address and no Contact number for Halifax...additionally it came in an unmarked envelope - Halifax have their return address on the flap usually! (i have PDF copy of this letter if you need it)

thats all i have had and non of it answers the questions i asked for in the CCA!

 

6) How much have you paid to the DCA?

 

I estimate arround £1000 over 14 months to both accounts...but i cant check this as i no longer bank with Natwest who i had the standing order from (i will request this info this weekend though)

 

5) Has the DCA added any fees or interest?

I think they have added their fees at the start and they say the interest is frozen when i pay and they charge 1% per month when i dont.

 

 

 

I appreciate that you have already answered some of these questions above, but I want to try and concentrate on the issues that effect how you can best proceed.

 

Thanks Alan...Hope this helps

[alanfromderby]

Okay, clearly they have not complied with the CCA - so, you are within your rights to stop payment, and when they contact you again (not before) I would reply stating that they are in default, and that should the persist in trying to enforce the debt whilst in default you will contact Trading Standards.

 

I would also make it clear that you do not believe that any money is owing, and after you have completed you investigation with the original creditor, you may be considering an action against CapQuest for return of money that you paid to them.

 

Your next move on that front depends on how they handle it....but this is the thing, you have to deal with these complex issues a step at a time.

 

The next thing you need to do, if you haven't already done so, is to get a Data Subject Access Request off to the Halifax. You need to ask for full disclosure of all data relating to these accounts, including, but not limited to, the transactional information, computer screen notes, internal memos, documents, letters, etc.

 

Once you have all that together you can plan your next move.

 

If they have been hassling you on the phone you Will find some useful advice if you do a forum search on "harassment".

 

Keep us posted.

[jo5ephedward5]

Thank-you very much!

 

I will write to them, trading standards and send the DSA request to Halifax

 

Will keep you posted on progress

[alanfromderby]

I would not write to the DCA just yet - wait until they write again. Their letter asked you to contact them within 7 days, but it did not mention any consequences if you don't. It is important that you start to take control of the timetable.

 

It is to your advantage to stall the DCA as much as possible at the moment, as you need to get the evidence from the DSAR before you can really hit them with some serious grief.

[jo5ephedward5]

Sure - in my head thats what i was thinking by my mind offen types other things!

 

I can send / pay for the DSAR in my local branch i assume...

 

I'm feeling much better about all this now, knowledge of these things helps so much!

[alanfromderby]

I would send it by recorded delivery enclosing the £10 fee, and either your local branch or Head Office will be fine.

[ChocolateOreo]

I dunno if this helps at all, but I found a really interesting guide to CapQuest at this website:

capquest,company,debt,daniels,illegal,here,michael,fleet,debts,money,recovery,crapquest,buys,methods,collect,buyers,uses,read,this,that

 

Seems to have some address to write to, Trading Standards and sample letters to send.

Hope it helps!!

[sksbcm]

Ok I have tried posting several times on this site but for some unknown reason my posts never get applied

[alanfromderby]

Well....that one worked!

[TIMONLINE]

My wife has received 'cold' calls from CapQuest on 2 occasions now asking her if she knows the person living next door but one. Other than this she has no connection with CapQuest and they have no reason to call her.

 

Where could they have got our phone number from, associated with our address and what can we do about this?

[Katiepie83]

Hi,

 

Having read the above info and other threads on this awesome site should i just ignore the following from Capquest:

 

A letter was forwarded onto me from my old address (haven't lived there for 8 years...) saying Capquest had purchased a debt from HBOS for £1215 and that they had finalised their 'research into my financial information' and would be looking into issuing me with an 'arrestment of earnings' action. How would they get this so-called 'research'??

 

Now i havent been in touch with Capquest at any time in my life either by phone or letter. This has been the first time i have crossed them, the debt refers to my student credit card from when I was at uni. This account was closed around 2004.

I closed all accounts with Bank of Scotland at that time and have been happily with another bank since.

I have been panicking about it, with some people saying just ignore it and others saying i should get in touch with them.

Their letter was really scary but from what I have read on this site I am thinking it would be best to ignore it!!:?

 

Any advice would be greatly received What would happen if I ignored it? ( i will be moving shortly so there is definilty no way they will be able to contact me)

 

Katiepie

[Tut Tut]

Capquest are after me as well!! Had a dbt with HSBC that was passed over to CapQuest (from what i understand Capquest is owned by HSBC!!). Been paying £200 a month from January but as debts are high have had to goto a debt management company to do a debt plan. Received letter from H L Legal on Saturday requesting full payment of debt by 17th June. Phoned Capquest and because I had not made a payment by the start of June I had broken the payment plan and that is why it had gone to a solicitor. When I told them all my debts were now being handled by a debt management company he was "we will hold your account until 5pm on Monday and then it will be going back to the solicitors". It seems to me that as soon as these companies here from DMC they quickly put your account to legal status to scare monger you into paying their debt in full. As I said to him "if I had the money to pay then I wouldn't have gone down the route of a DMC!!". I have no house, the only car I have is an old wreck worth £1,500 so sure;y it would be better for these companies to accept my payment plan rather than taking me to court??

 

Any help would be appreciated

[tilerdave]

iv'e had several letters from this company threatening me with one thing or another, after the first letter arrived i looked into a cag forum and decided to ignore them and see what happened . dodgy letters arrived from hl solicitors[nice pro headed paper] each promising various actions should i fail to comply, they kept mixing thier dates up and changing thier threats so i just thought they are a set of chancers. i have now recieved a letter threatening bankruptcy which again looks a bit dodgy ,how can i check if this is a valid threat or not

[letshelp]

Hi Katie,

How old is this alleged debt?

When was the last time you made any payments or acknowledged this alleged debt?

regards

[letshelp]

Hi tilerdave,

Have you sent of a CCA to see if this company even have the right to collect on any alleged debt?

regards

[legalpickle]

People: Please don't hijack threads. It gets confusing. If you want help please start your own thread in the relevant section and I am sure somebody will try to help. Read the forum rules before posting.

[MARTIN3030]

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

[Hanoverian]

As far as i know they cannot do anything until they have taken you to court and it has been decided that you owe the money. I too have an arguement with Capquest. Seems like this company is fond of using agressive, intimidating 'bully boy' tactics and threaten doom and gloom if you do not submit.