Cap One/Cap Quest/ SD & Court Date **WON**

[jayne123]

many many thanks - just creating a file on laptop now to put all the information in to print off to give to the Judge. If you can think of anything else that may be useful please let me know and will be very grateful!

[jayne123]

ok 2 more days till I attend court for my set aside against Capquest!! what exactly should I take - 3 copies of the affirdavit? have printed off a costs sheet to take to court tomorow or today if get time and all the info given on here about statute barred and previous cases just want to make sure I dont forget anything. Worryingly I have not heard from Capquest since the court date was set - is this normal practsise from them? many thanks

[jayne123]

Hi I attended court today - missed the post and a recorded delivery letter which I later found out at court was from Capquest!! They stated in letter - sent via fax as they didnt show up that,they had not had sufficient time to obtain information from the originator to prepare in order to serve evidence in opposition to the set aside. they claim they can confirm however that the originator claims to have confirmed that I paid a sum of 899 oin august 2005 which means that the debt is not statute barred. They do not accept that the the debt is not due however in view of the time consideration and use of the courts time they ask that the application be granted but with no order as to costs. If as they anticipate they subsequently obtain information which enables them to prove the debt is due we will proceed by issuing a county court claim which will allow the applicant the opportunity to defend the claim.' I was awarded costs and have no recollection of paying such a vast amnount and as the debrt was originaly only 1500 that i remember then surely that would have almost paid it off ??? The case was set aside I just wondered where I go now? Should I write to Capquest and ask for proof of payment? Also as I married in 2003 and they are still iusing my maiden name surely any payment I made would have been in my married name so they would have been aware of name change? Please can some one advise if they are using scare tactics or will they just drop it now? As soon as I have my costs I will be donating money to this site as without it I would have got no where and really appreciate every ones help x

[42man]

Very well done....I think you should report this to the OFT....one other cagger said that Capquest claim to have received an email from the alleged debtor....but had NO record of it any longer...how convenient !!! I suggest that you send off for a FULL SAR to Capquest AND the original creditor.....check your bank accounts....IF it is found that they are lying then it could be real trouble for them as they submitted a statement to the court. And you are correct about the maiden name....it sounds like a complete and utter prefabrication to me. You MUST follow this through and inform the OFT, please I urge you....

[jayne123]

Thank you I will. I shall send it recorded delivery on Monday. I look forward to their response as I really cannot remember any such payment

[silverfox1961]

Hi

 

 

Capquest have gone a little quiet now so think it is about time you reported them to the OFT if you haven’t done so already.

 

 

Please bear in mind that the template letter on the first page of this thread:

http://www.consumeractiongroup.co.uk...=1#post3422496

 

may not be suitable for all and you will have to adapt it to your own circumstances I.E

You applied to get it set aside and CQ didn't turn up

You applied and CQ agreed to discontinue

You ignored and CQ did nothing

 

 

Today the OFT set out some new guidance and sending SD's as a debt collection tool is now frowned upon.

If you want to read it, here's the link

http://www.oft.gov.uk/shared_oft/consumer_leaflets/credit/OFT664Rev.pdf You can complain by email and the OFT will email you back a form to sign and post back to them for them to be able to add your complaint to their list.

 

 

http://www.oft.gov.uk/contactus;jses...1D83BF0004F6EA

[jayne123]

Hi , well after winning my set aside in August 2010, Capquest are now bombarding me with phone calls which I am ignoring! What do they want? Can they restart the progress? At my set aside they had faxed a letter through saying it couldnt be staute barred as i had paid 800 pounds a few years back, I am positive i didnt as dont have that kind of money lying around!! Advise needed please, thanks

[silverfox1961]

Well, unless they can prove you paid the £800 (which they will find hard to do) I would ignore them for now.

Keep a note of all the dates and times of calls, especially if it's more than once per day. You could send them a 'Telephone Harassment' letter if you wish