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pulu31

SD from CapQuest

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Hello,

Regardless of the fact that I have made payments regularly to CapQuest since 2006, on or before the due date, they have sent me the following letter; viz:

 

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

Our investigations into your current financial position, based on the information we currently hold, are now complete and it is unfortunate that we find ourselves preparing a Statutory Demand under section 268(1) (a) of the Insolvency Act 1986 which will be completed on or around 06 Jul 09 which will be served upon you.

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 within the demand, you could be made Bankrupt and your property and goods taken away from you.

Any application to set aside the demand (Form 6.4 in Schedule 4 to the Insolvency 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 0870 084 3585 quoting Ref: XXXXX.

As one last conciliatory gesture, we are offering you the opportunity to clear this account once and for all by paying a settlement of £XXXX. This is subject to you accepting the offer by XX/XX/XXXX. This settlement can be over a time period that can be negotiated around your current circumstances. Alternative proposals will also be considered.

Yours sincerely

CapQuest Debt Recovery Limited

Comments: They have not made numerous attempts to find an amicable solution, we already have one (since 2006 as mentioned above). It is interesting to note that their intimidating threat is quickly followed by an offer of a (reduced) Full & Final Payment! They have also indicated that this settlement can be made over a time period. That's exactly what I am doing now (since 2006). I have a good idea how to respond to this letter but I wondered if anyone here has their view?

Regards


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whats the debt for and have you ascertained that crapquest can collect on it


PGH7447

 

 

Getting There Slowly

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Advice is given freely but is in no way meant to be taken as Gospel:-)

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The debt is due to a Store Card for which I had a dispute with due to an undelivered item that I was charged for. The debt was then sold on to Capquest. However, at the time, until I found this forum, I was unaware of the Consumers Rights. This came too late as I had already accepted the debt and started making monthly (agreed) repayments to CapQuest. I understand that I cannot now, after making repayments, request CapQuests claim of the debt.


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Hi Pulu31 i'll move this thread to the Debt Collection forum....where you will get some more helpful advice, i'd also urge you to report this to the OFT as 1st Credit and Connaught have recently had restrictions placed on them for sending out stat demands....


PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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Again this is evidence of passing an account whilst it was disputed, had you raised a dispute with the store card before they sold the debt on ?


PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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I would send off a CCA request to Capquest, (please, please report them to the OFT)....have you maintained the payments to CQ ? - This is the CCA request here - http://www.consumerforums.com/resources/templates-library/86-debt-collectors/581-cca-request-letter - send this recorded with a £1 postal order, they have to supply it within 12+2 working days of your request or they slip into default. I presume there must also be a number of excessive penalty charges that had been added on to the account too ?


PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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Hello 42Man. Thanks for your help. I only disputed the non-delivered item with the store. The other charged items were delivered. Yes I have mainained the payments to CapQuest on or before the due date since 2006. I will send them the CCA (thanks for the link) but how do I report them to the OFT?

Thanks


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Hello 42man, Where did you move my thread to? The link you gave (debt collection) is a list of letters/info etc.

Thanks


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You can email the OFT, I can't access their site at the moment www.oft.gov.uk is the address. A SAR to the original creditor might also possibly be a good idea too, especially if you suspect a significant amount of charges had been added to the account.....unfortunately this costs £10 (send postal orders and send recorded delivery to the original creditors Data Compliance Manager at their head office) But it could be £10 well spent - this is the link for the SAR - LETTER 11 - The Consumer Forums - Debt collectors


PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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And I moved your thread to the Debt Collection Industry forum...


PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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Thanks for your reply. I have contacted the OFT by telephone and they have set up a file for me. They suggested that I respond to CQ's letter informing them that I have been paying regularly and that the repayment agreement is legally binding. Also they should respond to my letter within 7 days. Should they not, OFT will take it from there by giving me further advice.

I have also sent CQ (separately) the CCA request as you suggested. Both letters by recorded delivery.

CQ in their SD notice gave me until next week to either face the legal process or pay the reduced settlement figure that they offered.

In addition, I am convinced that the debt was statute barred when they purchased it in 2006. But as I said in a previous post, I was not aware of such things until I found this website and forum.

Regards


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Hello All,

As mentioned at the start of this thread, CapQuest are about to issue me with a SD. However, please take a look at my Cedit Rating Report issued today:

 

Equifax Credit Rating™

Your Score: 427

 

This reflects that: You have a score of 427. Your score is highly predictive that you would be a good candidate for credit. You are above the average for UK borrowers. Most credit grantors would consider this score good. While many factors other than your score influence the decision to grant credit, you will probably not be turned down for loans based on your score alone. Review the Risk Signals below to identify areas that may be negatively impacting your score. Find out more about .

Risk Signals

This is how you perform in each of the key areas considered when extending credit.

Clicking on the linked terms or rating indicators will give you a brief description of each of the categories and more information related to your current status.

Rating Category Rating

Satisfactory

i

Satisfactory

i

Satisfactory

Satisfactory

Back to TopCredit Agreement

 

Equifax holds information from credit providers and other lenders, including details of existing and previous credit agreements and historical information about the repayment of these agreements. This information is one of the best ways for a lender to assess whether any future credit repayments are likely to be made on time. Lenders update and supply this information to Equifax on a monthly basis. You may find that not all the credit accounts you have with lenders are necessarily shown on your credit report. Some lenders only provide Equifax with credit accounts on their customers who have failed to pay their credit on time. The status of these accounts is normally 3 or more months in arrears. However, most lenders provide Equifax with information on all their customers accounts, irrespective of the status of the accounts.

Good

You have 4 active accounts and no settled accounts on file at your current address. Credit grantors prefer that you have at least one or two accounts as part of your credit profile. Active accounts are preferred to settled accounts.

Excellent

Your oldest account is 8 or more years old. Credit grantors prefer to see accounts opened at least 3 years.

Excellent You have no derogatory items in your payment history.

Excellent All payments on your accounts are up to date.

Excellent

Credit reference agencies are receiving periodic updates from your credit grantor(s) that reflect you have made payments on time in the past.

Excellent

You have no defaults. Back to TopElectoral Roll

 

Good

You are presently shown as registered on the Electoral Roll. You've been registered at your current address for 28 years. This is looked upon favourably by credit grantors.

Back to TopSearches

About Searches

Excellent

You have had 0 search(es) for credit in the last six months. Credit grantors view more

than one or two searches within six months unfavourably. Please review the section of your credit report entitled Previous Searches. For more information about credit searches and what you can do about them, click here.

Back to TopCourt Information

About Court Information

 

Excellent

You have no information by your credit report that indicates a Court Judgment or other public record information such as a bankruptcy in your name. Credit grantors view this favourably.

Important Notice:

Much of the information provided by this service is obtained by Equifax Pic from third parties and includes publicly available information. It is important that you carefully review the information presented as it could have a bearing on your ability to obtain credit

or indicate the possibility of fraud. If you believe there is information on your report that is incorrect, you may wish to contact the financial company or public register directly to correct the information or you may wish to contact Equifax and begin the formal process to correct or dispute the information. To contact Equifax

 

Now, with a 'near to perfect' CR as this, how can anyone even begin to try and issue a SD? I am of the opinion that CapQuest are trying to be clever (which has a probability of zero). Also, as they have not replied to my CCA request (twice), I am now about to crucify them. I have a Ph.D and I am not stupid and I do know what I am doing.

Watch this space!

Edited by pulu31

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