what to do capquest

[robster911]

I moved from an address at the begining of the year and yesterday the friend who lives there said i had a letter. which turned out to be a statutory demand for bankruptcy for a sum £1374.71 a debt from an old egg card now owned by capquest and I now have 18 days to sort this out or i face bankruptcy.

But as I dont live at that address can they still do this as how would i know they sent the letter it just so happens a friend lives there now and i did recieve this through him what would happen if they were told i didnt live there.

Im not sure how old the debt is I have a default on my credit in 2004 which is this but i did have contact with them in 2006 i think

To be honest I think the best thing is to pay the debt off. would they take a lower offer for full settlement any advice or tips on writing a letter

many thanks

[spamheed]

a little more information would be needed

 

Do you own or have an interest in any property?

Have you had any communications from them at your new address? if they have deliberately sent the SD to an old address this would be grounds for a set aside on its own.

 

have you previously requested a CCA, or disputed the debt in any way?

 

If you go down the route of settlements, ensure you have the its for full and final settlement and you have it in writing before you part with a penny, an amount of about 20 to 25% of the value should be sufficient, start lower and allow them to "knock the figure up"

 

don't forget, if they make you bankrupt they will more than likely end up with very little, or nothing

[Alex_DeLarge]

Do not call them, I have just dealt with a Statutory demand this week and won, although your circumstances are different to mine, as the SD was not served correctly that is grounds alone to have the SD set aside, thats if you admit to receiving it, someone will be along soon with a better understanding than me.

[42man]

If you don't live there, then you haven't anything to worry about....If any more letters arrive that look similar, then get your friend to return them saying, 'NO LONGER AT THIS ADDRESS'

[robster911]

thanks guys

 

I have no property at the moment but hopefully in the near future would like to buy.

I have had no correspondance at my new address and they do not know where i live they must still think i live at the old address where the sd was sent. I do not know what a cca is and have never disputed the debt.

I definatly do not want to be made bankrupt

Could I get my friend to send this letter back saying not at this address

what would I gain from doing so

[robster911]

I'm really unsure what to do and still a little worried

should I send the letter back ?

should I offer settlement ?

should I dispute ?

 

any help at all is greatly appreciated

[jo5ephedward5]

i got one of these yesterday too - it was sent to my address but its not one i have confirmed with them - they have been searching my credit file every 30 days to confirm my address!

 

i think you shoudl apply to have it set aside as you are likly to win and then it will potentially stop further action.

 

do you owe the debt? and have you issued them with a CCA to prove the debt?

[42man]

You know the options now Rob.....it's a decision that only you can make...

[robster911]

Well after much thought I am going to write to the company and ask for a cca or that I would settle the debt for around 25 % of what I owe.

I owed the money but like many others on here I am disgusted at what these companies do when people are at there lowest

[jo5ephedward5]

I would imagine that they wont be able to comply with a CCA which could work in your favour - however if you send a SAR to the original company then you will see exactly what you owe and the docs to prove it - maybe you could negotiate a settlement with them?

 

I'm not sure if its as simple as that - i hate dealing with companies like CapQuest as the way they handle things is vile! [imo]

[PGH7447]

Well after much thought I am going to write to the company and ask for a cca or that I would settle the debt for around 25 % of what I owe.

I owed the money but like many others on here I am disgusted at what these companies do when people are at there lowest

 

Do one or the other but nor both together,

 

send a cca to crapquest first

[robster911]

ok I am unsure what gain I could make by asking for a cca I understand it is a consumer credit agreement if they cant fulfill this what would be my next step ? I just want an end to this as soon as possible

[berrylover]

If they cannot send you a CCA then the debt is unenforcable in court. Send this letter and see what comes back.

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY.

Re:

Dear Sir,

With reference to the account above I would be grateful if you could send me a copy of the signed credit agreement.

I understand that under the Consumer Credit Act 1974 (sections 77-79); I am entitled to receive a copy of the credit agreement on request. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

I understand that a copy of the credit agreement should be received within 12 working days.

I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

I look forward to hearing from you.

Yours faithfully,

 

 

Make sure you don't sign the letter, send it via recorded delivery so you can be sure they got it, and remember to include a postal order for £1. Don't put a cheque signed by you in there.

[jo5ephedward5]

ok I am unsure what gain I could make by asking for a cca I understand it is a consumer credit agreement if they cant fulfill this what would be my next step ? I just want an end to this as soon as possible

 

 

If you send a CCA using the template above and they don't comply then this is your reason to have the SD set aside, and the fact it was posted to a wrong address is probably in your favour.

 

Once this is delat with check CapQest have not put a Defualt flag on your credit file - if so you can start action to removed this based on the facty there is no credit agreement.

 

now if you know you owe the debt after you have delt with CapQuest i would start talks with Egg to pay it off with a reduced sum as a full and final settlement or offer a realistic payment plan that you can afford each month.

 

thats my 2p's worth but i'm sure someone will correct me

[robster911]

ok thanks I did actually make a payment to capquest and would this been seen as acknowledgement can I still send a cca after doing this and yes they have issued a default notice on my file and I also did ring egg many years ago and they said the debt had been passed on to a dca

[42man]

Rob....if it was me in your position, I would send off for the CCA request....

 

BUT you need to put that you totally dispute the debt as your main reason for setting aside the demand.....

 

Please have a read through these threads too....

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/135078-me-1st-credit-stat.html

 

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/134225-advice-please-sd-received.html

 

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/103839-cca-1st-credit-connaught.html

 

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/156970-omg-connaught-first-credit.html

 

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/161411-off-court-within-week.html

 

DO have a read through....and if you do want some help, or you aren't sure of something please shout...

[jo5ephedward5]

ok thanks I did actually make a payment to capquest and would this been seen as acknowledgement can I still send a cca after doing this and yes they have issued a default notice on my file and I also did ring egg many years ago and they said the debt had been passed on to a dca

 

just put at the top of the CCA that you no longer aknowledge the debt

 

i'm in a similar position - have started a thread - i started paying after they harrassed me on the phone into paying them - i stipped after 12 months and snt a CCA with a prefix stating i no longer admitted liability.

 

i have the advantage of being pretty sure i don't owe the OC anything - i have called to ask and the OC has no information of my account anymore!

[robster911]

42 man many thanks , not forgetting the rest of you too.

So I now understand the procedure write to CQ ask for the cca the only thing Im not sure what to do about is the sd that was sent to an old address do I write the courts and ask for a set a side on grounds that I totally dispute the debt and have asked for a cca i'm just not sure where or how the wrong address fits in

[42man]

This is the tough decision you have to make unfortunately Robster !!!

[robster911]

so after much thought the sd is going back to CQ as I have no involvement with address to which it was sent

I am going to write to CQ asking for a cca

Hows that sound

[jo5ephedward5]

i think this is a good move but it will only delay them - whn i moved they searched my credit file and found my new address! - i'm not even sure they are allowed to do this but there is a search on my credit file every 30days for 6 months!

 

they will no doubt find you and track you down so i think you should prepare a plan B just in case.

 

keep us posted

[robster911]

I totally agree. My main worry is the sd I must not be made bankrupt. I am considering writing to them with a settlement figure rather than fighting them as I am now in a better financial state and honestly want the easist end to this. but first thing tomo the sd will be sent back.

[jo5ephedward5]

try and negotiate that they remove the default as part of it or it will still hamper your credit file for 6 more years!

 

if you fight it and they cant collect it then you can arrange a settlement with the original creditor - CapQuest would not have a good arguement to keep the default on your file if they lose the SD and the debt is cleared with the OC - in my opinion anyway, i'm sure its neve this straight forward!

[robster911]

the default on my file is from 2004 would this start again

[jo5ephedward5]

i think the fle would say settled and a balance of £0 will be flagged - the settled will stay for 6 years however so will the history...after 6 years the monthly payments will drop off but untill the 6 years has passed it will still state that the worst case has been a default.

 

i think CapQuest would prob be so happy to get a couple of quid out of you that you could prob negotiate it to be removed as part of the settlement - do not talk with them on the phone - do everything in writing.

Edited October 11, 2008 by jo5ephedward5