MBNA harassment - Please Help! now sd from capquest

[Liz Southern]

Not sure on that.

 

I do know this grubby outfit of solicitors sell 'letters before action', (on HL letterheads), at £75 per hundred, for a DCA to send out themselves.

 

David

 

Hi,

 

Can you get proof of that? It needs reporting to the Law Society.

 

Regards

Liz

[cashins]

As per their website

 

HL Legal

 

David

[Liz Southern]

As per their website

 

HL Legal

 

David

Hi

It's not exactly clear whether they're just selling the template of a particular letter. Don't you think?

 

Regards

Liz

[cashins]

Actually, it would seem you buy credits and then call off the letters as required.

 

Letter credits include a choice of any letters from the letter library. We will produce and forward the completed letter to you by email, and we will also send a copy of the letter to the debtor via email.

 

 

You can bet your life however, they are clattering out letters with no understanding of the case involved - what would you expect for 75p a throw?

 

David

[Liz Southern]

Actually, it would seem you buy credits and then call off the letters as required.

 

You can bet your life however, they are clattering out letters with no understanding of the case involved - what would you expect for 75p a throw?

 

David

 

It's dodgy, any way you look at it. It's not the way honest solicitors behave.

 

Regards

Liz

[cashins]

It's dodgy, any way you look at it. It's not the way honest solicitors behave.

 

 

Solicitors who specialise in debt collection are held pretty much in contempt even in their own profession.

 

David

[mickrick]

Ok, an update of sorts. A few days after sending my letters to MBNA and A&L I received a reply from A&L saying all paperwork was transferred to MBNA when they took over administration of the A&L cc so, right wait for this, they have passed my letter on to MBNA to deal with. They're having a laugh, right? They didn't even return my £1 payment either, the dirty robdogs. Nothing received back from MBNA yet and I'm not really expecting anything either.

 

I was away on holiday for a week (spending the money I would have paid MBNA had they provided an enforceable cca) and came back to a letter from Crapquest's "Managing Director" no less, reading something like "As you know we are preparing legal action against you but we're prepared to offer you an exclusive, once-in-a-lifetime, honest-to-goodness, no strings attached deal to let you choose your own payment plan and for everything you pay us we'll pay off 30% as well. And if you can't afford to make an agreed payment, just let us know and we'll reschedule your payment plan with no penalties. We really are a great bunch of people and only have your best interests at heart."

 

Now I don't know what any of the rest of you make of this, but it doesn't really sound like a ruthless bunch of slavering Debt Collectors that are preparing legal action against me. Unless they intend presenting their case something along the lines of "Well your honour, this nasty person offended us and hurt our feelings by not accepting the generous gift we offered him. Please hit that little hammery thing and make him give us what we want. Even though, legally, we haven't a leg to stand on".

 

Maybe if I hold out long enough they'll not only write the whole lot off, but give me money for wasting my time.

[mickrick]

Just had my first call from Capquest (while I've been here) and refused to go through security details, just told them that if they expected me to believe they were who they said they were then they should expect the same from me, which they said they couldn't do. I told them that if they needed to contact someone named xxxxx of address xxxxx then they should do so in writing. Cue exasperated "ok then" and call terminated. Lol.

[blueotter]

I'll be following your thread closely micrick as i'm going thru exactly the same process as you with mbna.

They've ignored my request for a cca and i put the account into dispute.

Hasn't stopped them ringing me but i'll be interested to see what happens next and you're clearly a few steps ahead of me here

[mickrick]

Just had another Crapquest call. Still refused to confirm identity. They wanted to know if I'd received any "leaflets" from them, reused to confirm or deny receiving anything, told them that they had been ringing my number and I wanted to know why. Hilarious to hear the confusion and exasperation in the girl's voice when she started blabbering on about "we represent a number of companies blah-de-blah" and I demanded to know which particular one she was referring to. She said that if I wouldn't confirm my identity she wasn't going to waste her time. I told her that was fine and not to bother phoning back and wasting mine. Cue another call tomorrow.

 

The strange thing is, if they have bought my "debt" from MBNA, aren't they only representing themselves and not another company? Unless, of course, they haven't purchased the "debt" at all and have, in fact, only had the "debt" assigned and are acting on MBNA's behalf. In which case, they would be lying, wouldn't they?

[mickrick]

Latest calls from capquest:

 

10am yesterday - Me: Hello CQ: Good evening - I hung up

 

2pm yesterday - Me: Hello CQ: Hello? Me: Hello - CQ hung up.

 

12.30pm today - Me: Hello, hello? CQ: nothing - I hung up.

 

They were obviously reading from the evening script for the first call. Seriously, what sort of way is this to run a business in the current global economic climate?

[summer30]

I'm assuming they have an auto dialler thing and then just pick up when someone answers, hence the delay?

 

But if they cant tell you who they are surely there might be something dodgy going on there as to whether they own that debt

[underdog13]

Latest calls from capquest:

 

10am yesterday - Me: Hello CQ: Good evening - I hung up

 

2pm yesterday - Me: Hello CQ: Hello? Me: Hello - CQ hung up.

 

12.30pm today - Me: Hello, hello? CQ: nothing - I hung up.

 

They were obviously reading from the evening script for the first call. Seriously, what sort of way is this to run a business in the current global economic climate?

 

Ahh, poor little debt monkey is on a different time zone to the rest of us:D

[mickrick]

Okay, major update.

 

I got a letter today from CrapQuest saying that "our investigations into your current financial position, based on the information we currently hold on you (lol), are complete and it is unfortunate that we find ourselves preparing a Statuory Demand under section 268(1)(a) of the insolvency act 1968 which will be completed on or around 17 Oct 09 which will be served upon you."

 

It goes on to say I will be made bankrupt blah blah blah, property and goods taken away from me blah-de-blah.

 

It then goes on to give me advice on applying to have the Statutory Demand set aside etc. They also give me "the opportunity to clear this account once and for all" by paying a settlement of several hundred pounds less than they are stating I owe them, but which is nowhere near what I really owe given that most of it is charges and interest on charges (ad infinitum).

 

If they do go ahead with this (and incidentally, their website mentions no Northern Ireland-based law company working for them) what reasons would I use for having it set aside? The fact that both Alliance and Leicester MBNA failed to produce a copy of my credit agreement? That MBNA sold a disputed and unenforceable account? Or that CrapQuest failed to do their homework before taking on the account?

[underdog13]

Surely crapquest would have to produce an enforceable agreement to proceed with the SD?

[underdog13]

Another thought, mickrick, if they have messed up the assignment in any way this invalidates it:D I'd demand a copy of it asap if I were you.

[mickrick]

Cheers underdog13. I haven't acknowledged anything from this crowd and have been taking the line that I know nothing about them. I also believe they have to contact me by Special Delivery mail before any legal action can be enforced. Is this correct?

[underdog13]

Hi Mickrick, as far as I know a SD has to be hand delivered or sent by registered post and receive your signature - I'm no expert though, so might be an idea to check this with one of the site team or one of the legal bods:)

[postggj]

a letter of assignment needs to be sent by special delievery to comply with the law of property act 1925

 

i cant believe they are still using the stat demand as a threat

 

they are on last orders from the oft for that

[underdog13]

i cant believe they are still using the stat demand as a threat

 

they are on last orders from the oft for that

 

Might be worth a complaint to the OFT then?

[mickrick]

Following on from their threat to issue a "Statutory Demand", I have now received one of these from Capquest.

 

Importantly, in the "Particulars of Debt" section, the credit agreement date is left blank, so obviously they do not have this document and therefore the "debt" is unenforceable, right?

 

I also have never received any documents relating to the assigning of the debt to them.

 

They also state in the accompanying letter that it is a "Statutory Demand under section 268(1)(a) of the Insolvency Act 1986" yet the demand itself states "Statutory Demand under Article 242(1)(a) of The Insolvency (Northern Ireland) Order 1989". So I believe this is an incorrectly issued document.

 

Any ideas or suggestions as to what action I should take?

Edited November 3, 2009 by mickrick

[mickrick]

I also meant to add that I have never received a letter from either MBNA or Capquest by any other means than ordinary, bog standard, 1st Class mail. It's my belief that, in order to keep everything legal and above board, this demand at least should have been by Special Delivery. Am I correct?

[ODC]

Crapquest sent a load of these out to Norn Iron last year around this time. As it was not personally served on you then you can safely assume its a scare tactic to get you to phone their threat monkeys. I got one last year and ignored it. Needless to say they never followed up. If they were serious then they would have sent a process server to your door. Is this the first communication you have had from Craquest

[hungrybear]

How much is the debt?

 

This is a standard crappyquest scare tactic for any debt over 750 quid, does it come from HL Illegal?

 

FYI I have a letter fron crappy saying that there is no need to apply for a set aside and I should treat the SD as non existent. Interestingly I get a HL bankruptcy threat every 6ish months. Oh and crappy are still in default of my CCA anyway. It's just a scare tactic.

 

You can apply to have it set aside, but you'll need advice beyond my knowledge fopr that

[lickthewallfatboy]

obviously a few Christmas ****ups at capquest to pay for....