I'm Sick of CapQuest!!!!!

[jo5ephedward5]

Hello all,

I have been having issues with CapQuest for 3 years now and really want them off my back - please find below a rough guide of what has happened – I can elaborate on anything people think relevant.

2005 CapQuest send me letters suggesting I owe around 3000 to Halifax. (2000 to one account and 1000 to another)

For he record I used to have an account with Halifax but I do not believe I owed any money to them let alone 3K!

Capquest start calling me daily – I finally answer and they corner me against my will into paying £75 a month – (50/25 split)

This was about double the disposable income I had at the time; I’d paid this for about 6 months when I managed negotiate with them to reduce the payments. This carried on for apporox. a further 6 months when I found this site and sent them a CCA.

They acknowledged the CCA but didn’t deliver – threats and phone calls were horrendous, I wrote to them and told them I wouldn’t pay until I had proof the debt was mine I had a letter back saying this would not be the case and I would pay them.

A few months later I got 2 dubious Halifax letters saying they had sold the debt to CapQuest and basically not to contact them and only go through CapQuest, it was worded very poorly and missing lots of information, as if it was a template that wasn’t filled in correctly…it had no contact name or number for Halifax even on the letter head/foot.

In 2006 I got Trading Standards involved, they met with CapQuest who subsequently dropped the £1000 debt due to having no proof. They have continued to chase the £2000 to date. I moved flat late 2006 and so the mail stopped by default. I was still getting 3-5 calls per day off them so I re-contacted Trading Standards and told them...I gave them my new address details and instantly CapQuest started contacting me via mail again (I assume Trading Standard passed on my details!). TS said CapQuest had told them they had proof of the larger account and they would forward soon. About a week later they sent me via recorded delivery a wad of statements with my name and previous address on – on the last dated statement it didn’t list that the account was closed or handed over. In addition to this there was a copy of the form that you sign when you agree to a credit check – I had signed and dated this when I applied for the Halifax account however its not a contract it’s just the form that says they can perform a credit check and they may offer me one of several accounts.

I gave up on Trading Standards, the OFT didn’t seem interested and I’d exhausted the resources on this website…I guess I gave up over a year ago as he threats were idol and nothing ever came of the 30+ court threats I’ve had!

For over 12 months they have sent letters and called once a day every day inc. Christmas. They have placed a big fat Default on my credit file and this morning I received a letter saying they may issue a Statutory Demand (copied on the next post).

This has been an ongoing nightmare, ideally I’d like them to go away, pay me back what I paid them 3 years ago and remove the default – however I think getting rid of them would be one thing.

I haven’t tried to get the default removed as I know they will just tell the credit agencies the debt is valid when they query it.

HOW CAN I END THIS ISSUE

[jo5ephedward5]

THE LATEST LETTER:

In the matter of: CapQuest Investments Ltd – v – Mr XXXXXX

Debt Purchased From: Hbos Plc

Balance: £2835.71

Despite our numerous attempts to assist you to find an amicable solution to this account, the balance remains unpaid.

Our investigations into your current financial position are now complete and it is unfortunate that we find ourselves preparing a Statutory Demand under section 268(1) (a) of the Insolventry Act 1986.

It is our intention to issue the Statutory Demand (Form 6.1) on or around 12 Sep 08 where it will be personally served upon you.

Once served, the agent will swear an affidavit to the affect that service of the demand has been successful. This is necessary as when a Bankruptcy petition is to be presented based on a statutory demand, then an affidavit verifying service must be filed with the petition.

If you do not apply to set aside the Statutory Demand within 18 days or otherwise deal with the demand, as set out in the appropriate notes that will be appended to the demand, you could be made Bankrupt and your property and goods taken away.

Any application to set aside the demand (Form 6.4 in schedule 4 to the Insolventry Rules 1986) should be made within 18 days from the date of service upon you and be supported by an affidavit (Form 6.5 in Schedule 4 to those Rules) stating the grounds on which the demand should be set aside. The forms may be obtained from the appropriate court when you attend to make the application.

Remember: From the date of service of the Statutory Demand

(a) You have only 18 days to apply to the court to have the demand set aside, and

(b) You have only 21 days before we may present a Bankruptcy petition.

You can stop this by contacting us now on 08700842565 quoting ref XXXXXXX

As one last conciliatory gesture, we are offering you the opportunity to clear this account once and for all by paying a settlement of £1701.43. This is subject to you accepting by 12 Sep 08. This settlement can be over a time period that can be negotiated around your current circumstances.

Alternatively proposals will also be considered.

Yours sincerely

Legal Executive on behalf of

CapQuest Debt Recovery Limited

[madmatt1009]

personally I would let them issue the stat demand and then get it set aside on the grounds of their non-compliance of the cca request, maybe someone else will be along soon to confirm this

[Elenathion]

I'm not an expert and I'm sure one will be along shortly to advise you but a couple of things stand out to me straight away.

 

Firstly, this isn't a statutory demand yet, it just seems like an attempt to scare you. I know you said you have given up on trading standards but I would contact them again as seems an abuse of process to me.

 

Secondly, I am curious as to how a £2000 debt is now almost £3000.

 

Thirdly, the agreement you mentioned there doesn't seem like a proper credit agreement so I would be tempted to send a non-compliance letter.

 

Fourthly, I would straight away send the letter which is on here saying that phone calls and personal visits are not acceptable and will be considered as harrassment.

 

Remember not to sign any letters that you send and to head every letter with 'I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY'.

 

Hope I've helped a bit.

[jo5ephedward5]

Hi, thanks for the thoughts - i have sent them a non-compliance letter more than one i think and this seems to make no odds to CapQuest, i have also sent them the letter which states the telecomunications act and states they shouldnt contact me by telephone they have had this at least twice off me - they wrote and acknowledged it but after 2 weeks they just started calling again - the only difference was they cut back from 5 calls per day to 1.

 

i guess it can't hurt to contact Trading Standards again - i will go through all my paperwork and see what i can gather up...

 

 

..forgive me but supposing a SD is issued and i get it set aside - will this mean i'm free or is it just a case of i wont be in court for it?

[Elenathion]

No, the debt is still there. If it is set aside it just means that they can't go ahead with that bankruptcy petition. If they do send a proper SD (which will probably be signed by Johanna O'Keefe) then it's probably just another scare tactic but you must get it set aside immediatly, just in case. If you do successfully get it set aside then be sure to claim costs also. I recently got awarded £150 costs against Capquest for a set aside. The more of us that claim costs the sooner these companies will stop using this method.

[Elenathion]

Can anyone give any advice as to what to do when a non-compliance letter and harrassment letter haven't worked as I'm completely ignorant there.

[mr.ton]

The only way to combat DCA's like this from my experience is to fight fire with fire & make things so awkward & difficult for them that they have no choice but to give up on you.

By all means get all the authorities involved & even the police (not 999) & they will have a word with them for you.

But there are things you can do yourself if & when they phone you like refusing to answer their security questions, make out they have no power/authority (which they dont), that they take you to a county court (which they wont) & generally just speak to them in a none compliance sort of way - if that means getting into abusive slanging matches with them then so be it, they will soon leave you alone...from my experience anyway.

[berrylover]

Are these for overdrafts or loans? Overdrafts are not covered with a CCA are they?

[jo5ephedward5]

i think the lower one was a credit card and the larger one is linked to a bank account - it was years ago and i wish i hadn't paid CapQuest anything in 2005 as this would now be statue barred, i have a vague recollection of having a £500 overdraft which i'm sure was paid off - i was only earning £80 a week so i doubt that a bank like Halifax would have increased it more especially not 2K++ - if they did it would have been irresponsible lending if you ask me.

 

 

OK lets assume its a scare tactic...i guessed as much, how do i proceed - i've done the ignoring, i've done the answering and being unhelpful and on one occation i was rude but i figured it wont help me in the case...

[Elenathion]

Have you sent a Subject Access Request to Halifax?

[PGH7447]

Start by refusing to answer their security questions when they phone just say in writing

 

if the large debt is a cuurent account S.A.R - (Subject Access Request) halicrap and get all statements and start to claim back the charges.

 

once you start to claim back the charges the acount becomes in dispute, tell capquest this in writing.

 

if it is for a loan/cc then cca capquest again and also request by return their complaints procedures.

 

I know that you already done a load of this but by reiterating this to capquest it then hows them that you are now aware of your rights and will not be bullied by this company.

 

also send them the telephone harrasment letter

 

all these can be found in the template slibrary or on other threads on the forum

[jo5ephedward5]

yep - ironicallty they sent me statements for the lower debt - it was a credit card, they only had statements the last statement didnt say closed etc.

 

i sent a SAR for both accounts to Halifax and they said they could only provide info on the credit card and had nothing for the bank account - which is odd as CapQuest have it the other way around!

[Mockenrue]

Subscribing to this thread as I'm probably in for a long p*ssing match with Crap Quest too...

[PGH7447]

yep - ironicallty they sent me statements for the lower debt - it was a credit card, they only had statements the last statement didnt say closed etc.

 

i sent a S.A.R - (Subject Access Request) for both accounts to Halifax and they said they could only provide info on the credit card and had nothing for the bank account - which is odd as CapQuest have it the other way around! In that case the account is in dispute until halicrap deliver, inform capquest of this and until your lawful request is complied with there is nothing they can do about it, and that any further attempts to colect on this disputed account will be reported to TS / OFT etc etc

PGH

[tiglet]

I would send Halifax the SAR LBA if they are beyond the 40 days - that should get them moving. If they come back with no records, get them to put it in writing that they have no proof of the alleged debt.

[IdaInFife]

When you sent the SAR to halifax did you include the account number for the bank account? did you send recorded delviery?

 

if yes then use this link to send them the appropriate letter:

Data Protection Act: Non-Compliance - Consumer Wiki

 

 

then send capquest:

 

ACCOUNT NUMBER: XXXXXXX

 

Dear Sir/Madam,

I refer to your letter of **/**/** , in which you advise of your intention to issue court proceedings with regard to the outstanding balance of my current account overdraft.

As you are aware, this account and the balance thereof is currently subject of a dispute. I can only assume your letter has been sent in error, as you must surely be aware that action such as that you propose would constitute breaches of the banking code. This matter has been discussed in correspondence with your clients ******** department and on **/**/** I received a letter from ******** , which acknowledged no such action should be taken on a disputed account and did in fact apologise for previously suggesting otherwise. A copy of the correspondence to which I refer is enclosed for your reference.

Additionally, this action you propose is clearly quantifiable as retaliatory due to my own claim against your client to recover unlawfully levied penalty charges. To proceed as you have indicated would therefore be contrary to the statement of the Financial Services Authority of 6th July 2006 in which it ruled such action to be discriminatory. I also believe this action to be tantamount to a sanction imposed merely for pursuing my legitimate right of seeking a judgement from a court.

I trust your client is committed to upholding the standards of the Banking Code to which it subscribes, and would not hold its regulator, the FSA, in such contempt as to ignore its 6th July statement.

I will allow you 7 days to reply to me, in writing or by Fax only, withdrawing the threat of action imposed in your letter of **/**/**. If you do not do so, I will draw your client’s transgressions to the attention of the Financial Services Authority and the banking code standards committee, by making formal complaints and enclosing copies of all recent correspondence.

I look forward to your prompt response.

 

Yours faithfully

 

 

to be homest if i was you i would be interested in where you payments have went. I wouls also be inclined to send capquest a sar to see where your payments have went, how much you have paid to them and to see if they have added any charges or interest.

 

 

Idax

[jo5ephedward5]

Thanks guys, when i can find my collection of box files i will try and find all the letters i have had off CapQest - i'm sure i have most of the important ones however some less important ones...ie the same every month got mislaid when i moved flats.

 

I have sent everything via recorded delivery but to be honest i'm not sure i still have all the slips - i have most the CapQuest ones but not sure i have all the halifax ones...although they did respond in relation to the other account so i guess thats proof that they have recived my letter. Account numbers were provided but i think i got that off something that CapQuest sent me

 

i think i will sent a S.A.R - (Subject Access Request) to Capquest - it would be interesting to see whats happened with this money and indeed where the initial figure has come from.

 

they once made me an offer where i could pay £1 per month and for every £1 i put in they would pay 33p in - that if i'm not wrong worked out at near 200 years to pay back lol...they really are stupid, i think they just wanted to get something off me to start the clock ticking before applying pressure to increase the payments.

[jo5ephedward5]

can CapQuest search my credit file?

 

i understand that if they have brought a debt they can process the data...however this should not include searching personal info contained within my credit file surely? - i've not given them permission however i just checked my Eqifax file online and it states that CapQuest gave a search on the 30th and then again on the 31st of Jan 2008!...for the record they have also search my previous address on the same date.

 

they alledgedly brough the debt in 2005 so why search my file? - granted i've been ignoring them and i'd moved so they were looking for me, in feb they started writing to me at my new address so its obvious where they got the info - the question is are they allowed to watch me like this?

Edited September 4, 2008 by jo5ephedward5

[MARTIN3030]

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