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aleksandr-orlov

Capquest DCA bought my debt with Abbey!

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Hello,

 

I am new to this site and I have a problem that I could do with some sound advice on!

 

From the beginning .....

 

Back in 2007 my Abbey current account was closed with an overdraft of several thousand pounds ... I got the usual 'in house' debt letters from them initially and then I was advised by CAB to make a claim against them for return of charges that had been applied to the account in order to reduce the balance owing ..

 

This I did, my claim including interest was lodged with them back last year and I received an acknowledgement from Abbey that my case was on hold due to some legal case against them in which the outcome will be crucial to how they deal with my claim for repayment of charges.

 

They also advised me that they would respond to any court action I take against them in the matter by way of a 'hold on further action' whilst a resolution is sought in the case against them already in the High Court.

 

So, I have been patiently waiting whilst receiving only the occasional standard 'update' letter from Abbey, last one being around the start of this year (Feb/Mar).

 

I have not escalated my claim to the court so far.

 

Yesterday ....

 

I received a letter from Capquest Debt Recovery advising me that my Abbey balance had been sold to Capquest Investments Limited and that they wanted either the full amount or an arrangement to pay by the 27th of this month .. advising me that failure to do so may result in bankruptcy proceedings.

 

Today ....

 

I received a letter from Abbey giving me notice that my debt due to them was sold (by way of assignment on the 3rd July 09) to Capquest Investments Limited, both letters were dated the 14th of this month.

 

 

My questions ....

 

 

1. What should my initial response to Capquest be bearing in mind I have an outstanding claim against Abbey for unfair charges?

 

 

2. How should I respond to Abbey's notice of transfer?

 

 

3. Is it right that if a debt is being disputed with the creditor, that creditor is to refrain from collecting activities and must not pass the debt to a third party until such time the dispute has been resolved?

 

 

4. Am I too late to commence legal proceeding against Abbey in my claim for charge repayments?

 

 

 

 

I'm sorry I have gone on a bit but I'm more than a little concerned that I have screwed up and have scuppered my chance of a successful outcome to my claim against Abbey.

 

 

I am presently on income support and have no assets of value with arrangements to a number of other creditors that I am just about managing to keep up with, I doubt that I have a fiver left each month :(

 

 

I thank you for any help in this matter...............

 

 

aleksandr

Edited by aleksandr-orlov

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Hi and welcome :)

 

Abbey aren't allowed to sell on an account in dispute. Report them to TS and the OFT. Tell cr@pquest to sod off as the account is in dispute due to charges.


"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

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You could adapt this letter here - http://www.consumerforums.com/resources/templates-library/86-debt-collectors/580-letter-when-bankdca-attempt-to-collect-on-penalty-charge-situation Abbey were wrong to pass the debt on whilst it was in dispute....


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.

 

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Thank you babybear - might not be as blunt as that but it will amount to the same :D

 

42man - Thank you for the link to the letter, I will adapt one for each, Abbey and Capquest and get them in the post on Monday.

 

Have you any further advice with regard to the question of legal proceedings against Abbey?

 

Many thanks ........

 

aleksandr

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I have received a letter from CapQuest and Abbey myself dated 14th July and I am in the same position as you so when I saw your post I was relieved when I saw the replies as I did not know how to proceed.

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Me too, me too!

 

Got the letter a few days ago. I'd previously reported Abbey to the OFT and thought that Abbey had agreed to hold off on collecting my overdraft (made up entirely of charges) until the case was resolved.

 

I reckon they've sold off a job-lot of accounts like this to Capquest. How tricksy of them.

 

Does anyone know if it's too late to put in a court claim for these charges? I thought the OFT had sorted it for me but clearly not. If they've sold the account to Capquest, can a claim still be made against Abbey?

 

(Alexsandr I'm in the same kind of financial position as you, what b******s they are, hey?)

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I have received a letter from CapQuest and Abbey myself dated 14th July and I am in the same position as you so when I saw your post I was relieved when I saw the replies as I did not know how to proceed.

 

and .......

 

Me too, me too!

 

Got the letter a few days ago. I'd previously reported Abbey to the OFT and thought that Abbey had agreed to hold off on collecting my overdraft (made up entirely of charges) until the case was resolved.

 

I reckon they've sold off a job-lot of accounts like this to Capquest. How tricksy of them.

 

Does anyone know if it's too late to put in a court claim for these charges? I thought the OFT had sorted it for me but clearly not. If they've sold the account to Capquest, can a claim still be made against Abbey?

 

(Alexsandr I'm in the same kind of financial position as you, what b******s they are, hey?)

 

I sent off an adapted version of 42man's letter (link below) and I got a reply this morning - clearly, CapQuest seem to have a problem with understanding the English language and the written word:-x

 

http://www.consumerforums.com/resour...arge-situation

 

Their letter looks like a response to an information request - of course I made no such request:-|

 

I made it quite clear that I was disputing the account over a repayment of charges claim and that as such they should respectfully 'butt out' and return the account to Abbey.

 

I s'pose the phone calls will start soon!

 

Aleks

Edited by aleksandr-orlov

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Ok

 

 

Have you a figure of your charges. If SO AND YOU ARE OK. TAKE THEM TO COURT.

 

I f you claim from the OC they will reduce the balance .

 

I cant at this moment, point you to the tread however, if it has been sold it is sold with all the issues.

 

LILLY WHITE

Edited by lilly white
read tread again

Id quot circumiret, circumveniat.

 

please do not take my word for anything please do your own research All that i make comments on are done in good faith and to the best of my knowledge

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Ok

 

 

Have you a figure of your charges. If SO AND YOU ARE OK. TAKE THEM TO COURT.

 

I f you claim from the OC they will reduce the balance .

 

I cant at this moment, point you to the tread however, if it has been sold it is sold with all the issues.

 

LILLY WHITE

 

 

Are you saying take Abbey to court or Capquest as the debt was sold "with all issues" ...

 

Sorry for being a bit slow:oops:

 

Aleks

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Abbey as they're the OC who put the charges on the account.


"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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