dca doubled my ballance with intrest

[harrassed senior]

Just a thought - if they get you to make a payment whilst you are 'insisting' that the account is in dispute, could they then say that you have overruled your request and voided it as you have made a payment?

 

Just thinking about all the times we have read on here about offers of full and final settlements which after they have been paid, get passed on to another DCA to follow with all the other charges put back on!

[blueace]

hi all

 

just recieved a letter from capquest, this is what they say

 

 

dear mr xxxxxx

 

i write in responce to your letter dated the 6th aprill 2009, and i can confirm i have completed my investigation into your complaint.

 

capquest investments ltd purchased the above referenced account on the 28th of november 2006 from american ecpress ltd with an outstanding ballance of £3880.30.

capquest were not made aware of any dispute or issue with your account

on asignment and were acting in good faith based on the information provided by american express ltd.

 

you contacted capquest on the 30th of march 2009 and advised their agent that you were unable to pay the schedualed direct debit payment of £150.00 on the 31st of march 2009 due to insufficient funds in your bank account, unfortunatly due to 14 days being required to change any direct debit details on the capquest system, your account automaticly entered into default, a letter was issued to you and all the back dated interest had been added to your acount.

i can confirm an alternate payment had been agreed and was paid by your self.

 

capquest have made the decision to remove all added interest totaling £785.80 from your account leaving a balance of £91.19 out standing

 

our bank details are as follows

xxxxxxxxxxxxx

xxxxxxxxxxxx

xxxxxxxxxxxx

 

i appoogise for any inconveniance this matter may have caused and should you wish to discuss this matter further please contact me

 

 

yours sincerly

 

 

xxxxxxxxxxxxxxx

 

 

quality & assurance officer

 

 

 

 

what does anybody think,

 

still no mention of the cca i sent them, that was stapled to the letter i sent on the 6th of aprill

 

also they cant even get the facts right, the payment amount was £125 and not £150

 

also the dd was due out on the 28th they went for it on the 31st it didnt go through so i phoned up and paid approx 6 hours later.

 

not quite sure what they ment with the staement about in good faith and american express,

 

my original balance inc the £12 late payment fee was £488, so i can asume that even that was incorect as now they say my outstanding balance is £91.19

 

still get this feeling that they are up to no good or maybe they have been at sometime with my account,

 

i find it very strange that they have just dropped the interest just like that, but i was informed by the fsa that they could not apply backdated intrest, only interest on the outstanding balance, and i did point this out to capquest and who had told me this from the fsa

[havinastella]

My opion is that you have paid them £3000 too much.

 

They have NEVER provided you with any proof at all that they own this debt or infact, THAT you owe it.

 

Could you PM me your home address and I'll knock up a few letters tell you that you owe me £3000. I'll also take £150 a month.

 

 

Jogs

[babybear39]

It would be worth sending a SAR to both the OC and capquest to see what charges they've added that you could look at claiming back.

[lunar jim]

hi

 

many thanks for that, unfortunatly ive had this discussion with my bank many times, my bank, the abbey state the no longer allow payments via standing order,

direct debit or debit card or cheque or instant transfere into someones account, in fact im going to look on the abbey web site right now.

 

i think i will pay by cheque to be on the safe side,my netx payment is due before the 28th of april, i was thinking of paying this early before they try to say i have defaulted another payment. as i think capquest will realy start to get dirty if they think im fighting back

 

cheers

 

Open a bank account with someone else? Don't pay by cheque, they'll have your signature then...

 

If it were me and I wanted to pay them, I'd phone them up, feed them some bull about problems with bank account, no chequebook or debit card and get their bank details, then pay over the counter at a bank.

 

That way they'd not have my signature to fake into other documents, no DD details to let them take what they fancy, no card details to use over and over again despite you not authorising them. *You* control the payments, not them. Not that I'm suggesting they'd do any of what I've listed lol

[babybear39]

Or you could get someone else to write the cheque for you.

 

Make sure you request that once the account is cleared they provide a letter stating that

[blueace]

capquest have actualy given me their bank details to pay the outstanding balance £91.19 to clear the account,

just got too think hard now and decide if i am going to pay it and hope they send me confirmation that the debt is now satisfied,

or not pay it and see if they acualy send me the data from the cca request,

i phoned up amex yesterday to find out the price for a sar request from them, but they wouldent even entertain me, just kept saying as i was not an account holder with them anymore, i would have to write to the amex head office for any details

[babybear39]

Well, you have the quality assurance person's name so you could ask them for a letter or complain to them if they won't issue one.

[lilly white]

Well Done Blue

 

Ok If It Was Me, And Please It Is Not,

 

I Would Look For Vengeance And Money.not For Vengeance Sake,

 

1 Have You Claim Charges Ppi Or Anything On The Account If Not I Would And Gone For Contractual Interest.

 

There Is A Saying In The East End, Put It On Them Son.

 

I Wish You A Good Night

 

Lilly

[blueace]

thanks lilly

 

i will pay them, the outstanding balance, and then as far as im concerned the debt is cleared and settled,

i will keep hounding them by what means i can to get them to send confirmation by letter that the account is satisfied,

ive not finished yet, i very much doubt they will even send me the cca request details, i supose if i can get them to confirm debt satisfaction, then they no longer have to send me the cca details , but i may be wrong im no legal eagle but i intend to keep trying to get all the details i can from capquest and amex, hopefully i may be able to get some money back

i have also got i feeling that at some point this debt will rear it's ugly head again with a different dca, even if the debt is clear,

but i will be ready with all barrels loaded

and this is thanks to this site and all the members who have helped me with advise, and hopefully when i get a bit more in the know of just what dca's , bailiffs , and the courts can and can't do i will be able to help others in the same situation

[babybear39]

You're entitled to request a CCA on your account at any time.

 

SAR amex to see if there are any unlawful charges you can reclaim.

 

Here's the SAR letter:

 

Reproduced courtesy of Nicklea

Data Protection Act 1998

 

Subject Access Request

 

Dear Sir/Madam

 

ACCOUNT NUMBER: xxxxxxxxx (or multiple numbers if more than one account)

 

Please supply me with all data that you hold on me. This includes in particular, but is not limited to, the following:-

 

1. The original signed, executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

3. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with ORIGINAL CREDITOR.

4. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

6. Details of any collection charges added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

7. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

8. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

9. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

10. Copies of statements for the entire duration of the credit agreement.

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

 

Yours faithfully,

 

Amend to suit, send recorded keeping a copy with your postal reciept and pay the fee by either asking someone else to write a cheque for you (so they don't get your signature) or use a £10 postal order keeping a note of the serial number to check if it's cashed. Sign for your SAR using this method .............X........... writing over the line so they can't photoshop it

[blueace]

many thanks for that, i have been trying to get in touch with amex about the cost as i think it varies with different companeys.

thats great,

would there be any benefit in sending a sar to capquest or would i be wasting my money, as they havent yet replied to my cca request

[babybear39]

How long have CQ had your account?

[blueace]

aparently they bought the debt from amex in nov 2006 and i have been paying it monthly ever since untill i queried the added intrest due to a 6hour late payment,

[babybear39]

You can request a full statement of your account FOC from the DCA. If they play silly beggers SAR them.