CapQuest - Response to CCA

[theywontwin]

Hi all

 

Had a response to my CCA request to Capquest. Thought you may like to read.

 

"Further to recent contact with our office and your request for further information in relation to the above account, we would confirm that your account is now on hold for 28 days whilst we obtain the information required.

 

If you have any proof of payments or correspondence that would assist with your query, please forward these documents, with a brief covering letter, to our Collections Administration department, so that we can resolve this matter as soon as possible.

 

Your sincerely

 

 

Blah, blah

 

Collections Administration Department.

 

Any comments guys? How long do they have to reply? I liked the "whilst we obtain the information required" bit. It's going to take them 28 days?? Can't they put their hands on it now? Hmmm, wonder why!

 

Also the bit "If you have any proof of payments or correspondence that would assist with your query, please forward these documents" Oh yeah, I came down with the last shower. Idiots!

 

So, how long is the statutory timeline for a response? Also, what if they try and use the £1 PO as a payment against the debt? I used letter N from the letters template section.

 

I can confirm this debt is over 13 years old, and will definitely be SB.

[cerberusalert]

If you haven't made payment or written acknowledgement of the debt for six years in England/Wales, five in Scotland it will be Statute Barred so you might as well put them out of their misery & tell them.

[theywontwin]

Thanks for your reply cerberusalert

 

I would do as you say, but am enjoying the hassle I am causing them

[cerberusalert]

Sadist

[theywontwin]

Just to confirm, they received my request on the 5th Oct (confirmed by Royal Mail, Track & Trace, signed for) so am I correct in thinking they have 12 working days + 2 from the 5th? That would take them until the 22nd Oct to reply. Is this correct?

 

Thanks

[cerberusalert]

12 working days from receipt, the other two days is just a 'grace' period.

[theywontwin]

Many thanks cerberusalert

[theywontwin]

Just thought I'd update you all. Deadline passed ( a while ago now) but gave them a bit extra due to postal strikes. Got a letter today from C*apQuest that is the standard "we have bought the debt from whoever, but here's a deal if you pay now". I saw red, needless to say. So I am winging the "Failure to provide a copy of the agreement within the prescribed timescale" letter to them tomorrow. Am also thinking TS and OFT need a letter.

[theywontwin]

Hi all

 

Some advice needed now please.

 

BTW my "failure" letter was sent to C*apQuest yesterday (3/11/09) via Rec Del.

 

Had a letter this AM from Abbey/Santander, dated 30th October 2009. I shall quote it now.

 

"Dear Mr me

 

We hereby give notice of the transfer of the debt due to us from you in respect of the balance outstanding as at the 27 MAY 09 on your Abbey Bank/Loan account. The balance due as at the date of this letter is £1530.98.

 

On 03 Jul 09 your account was sold (by way of assignment) to CapQuest Investments Ltd who has appointed one of their group companies, CapQuest Debt Recovery Ltd to manage your account on their behalf.

 

We will shortly send a statement of your account to you. All further communications concerning that statement or any other matter relating to your account and all payments must be addressed to CapQuest Debt Recovery Ltd:

 

PO Box 396

Fleet

Hampshire

GU51 2WZ

 

Telephone: 0870 084 2553

 

Yours sincerely

 

Signed, no name

 

For and on behalf of ABBEY NATIONAL plc"

 

I am a bit confused now. What is my next course of action? I have already CCA requested C*apQuest, as detailed above, no response, sent the letter of failure, again as detailed above. Now the Abbey are sending me a statement?? I never asked for that! Is that basically a SAR?

 

Anyhow, I would read this as Abbey saying, in a nutshell, "we're not involved anymore, deal with CQ in future." Correct?

 

What do I do next?

 

Thanks

[dannyboy660]

What do I do next?

 

 

Crack open another beer, see if there's any Cricket on the telly or an interesting history documentary, or perhaps just check out the details on 'Statute Barred' for extra peace of mind....

[teaandtoast]

The "notice of assignment" which I received from "Natwest" was a forgery produced by Capquest and posted from their registered address. It was so badly done it made me laugh out loud and I told them so.

[theywontwin]

Thanks Dannyboy660

 

Can you (or anyone) just confirm what I have read, which is "Once a debt has lapsed, it cannot be revived - even through a subsequent acknowledgement or payment."

 

So basically, if the debt was SBd in 1994, and I made payment in 1995, does that payment "un"SB it? From what I've read in the quoted text, it doesn't "un" SB it. However, I thought any payment would "un" SB a debt.

[cerberusalert]

Once a debt has become Statute Barred nothing can unbar it.

[dannyboy660]

Law relating to debts: statute-barred debts

 

"Within the original six years..."

 

Once it becomes SB it remains so.

 

 

 

Cerb beat me to it - but if the details you have given are correct, it might be wothwhile sending the SB letter to them because once you make it clear to them you are not going to pay they must stop pestering you. Unfortunately, it won't stop them fiddling with your credit files now you have (in their eyes) confirmed you are who they believe to be the person responsible for the original debt, by requesting the CA.

Had you told them to 'fornicate away' in the first place, or ignored them, they may not have bothered.

 

In fact, after such a length of time, it shouldn't be on your file anyway, so relax.

Edited November 4, 2009 by dannyboy660
additional info/opinion

[cerberusalert]

Hover your mouse over this..........> Statute Barred.

[theywontwin]

Thank you guys.

 

I honestly never realised that once it is barred, it remains so regardless. I can, therefore, confirm this debt IS definitely barred.

 

Just for your info, I sent this letter to them (hope I can post a link here)

 

http://www.consumeractiongroup.co.uk/resources/templates-library/86-debt-collectors/571-failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale

 

That went yesterday.

 

Once I receive this "statement" from Abbey, I shall repost on here.

 

Incidentally, I found the return address on the back of the envelope a bit odd. "Please return to CDR, P.O. Box 2768, Bristol, BS4 9DD" Google revealed it's not Abbey, but an address for (surprise surprise) C*apQuest. I am currently reading threads regarding CQ's attempts at "forging" demands/letters from the original creditors. The plot thickens!!!

[dannyboy660]

Bristol, BS4 9DD

 

..near Lawrence Hill station, and an area I'm very familiar with as I used to live there myself!!!!!!

[theywontwin]

Really! Small world! So would you know whether it is a CQ address?

[dannyboy660]

Really! Small world! So would you know whether it is a CQ address?

 

I am (or was) more of a Totterdown wurzel so I couldn't be 100% sure, but I will be very tempted to take a look next time I'm back in that area.

[theywontwin]

Haha, cheers dannyboy660!

[cerberusalert]

That address shows this company too Telogram Ltd which is a [problem] company run by Capquest Debt Recovery

[dannyboy660]

HHmmmm...the plot thickens.

 

Quite tempted to get in touch with someone to investigate, who lives only a stones throw away.

Shame to be wasting stones when there are more effective ways to attract attention......

 

 

 

 

 

(I'm Joking!!!!!!)

[theywontwin]

Thanks cerberusalert. That makes me sick! Devious companies using illegal methods. I think the book should now be thrown at them. Letter M, any harassment letters recommended? And copies of all letters to the OFT and Hampshire TS. Boy am I p'ed!!

 

You have all been invaluable in your assistance and help. Thank you all so much.

[theywontwin]

Shame to be wasting stones when there are more effective ways to attract attention......

 

 

 

 

 

(I'm Joking!!!!!!)

 

Haha!

[theywontwin]

Found LOADS of forums regarding CQ on other sites, just by a simple Google search. These guys are fraudsters, bullies and cheats. They continually phone using devious methods to obtain info. The "whocallsme" website is full of their numbers. Apparently the police are involved with them too.

 

I say this as a warning to anyone who receives contact from this shower.

 

DO NOT SPEAK TO THEM ON THE PHONE. GIVE NO INFO TO THEM. ALWAYS COMMUNICATE IN WRITING. ALWAYS ASK FOR A CCA, USING LETTER TEMPLATES HERE. CHANCES ARE IF THEY ARE CHASING YOU, ITS AN OLD STATUTE BARRED DEBT. LET THEM PROVE YOU OWE IT. DO NOT PAY ANYTHING TO THESE THIEVES.

 

I have not had phone calls yet, but continuing communication in writing. They will soon be reported to the police, OFT and TS. Oh and the FOS.

 

Don't fear these people.