Capquest found me..

[FullyBANKcharged 1]

Hi guys, I'm a long time lurker on here but a first time poster.

 

I have a Cap1 Credit card from September 2007. It had a £200 limit and quite a few charges. I've paid of all the money I actualy spent, and then forgot about the charges, which have been added on top of other charges etc.

 

This card was registered to my mothers address, as that was where I was living at the time. I DPA'd them about 6 months ago, and received a few unintelligble screen-grabs, and a few statements. There was no CCA in the pack. I wrote to them asking for a copy of the CCA, but heard nothing back.

 

Since then I've changed jobs and moved house and unfortunately, fallen behind with my bank claims.

 

I was surprised today to receive a letter from Capquest at my new address today asking me to pay £539!!

 

I'm a bit unsure what to do, as it's a few months since I had any contact with Cap1. I'm also worried that they have my new address somehow, and that the debt has jumped from £180 to £539 in the space of a few months.

 

Any advive would be appreciated.

[maroondevo52 5,047]

Hello and Welcome, FullyBANKcharged.

 

Find out what the charges come to and claim them back, put the account into dispute, the DCA should not be able to chase you until the dispute is resolved.

 

Regards.

 

Scott.

[mr.ton 1,000]

Well done Capquest

Now tell them to go forth & multiply before you report their sorry asses to every authority you can think of...

[FullyBANKcharged 1]

Thanks for the replies. Do I have to send them another DPA notice + £10?

[maroondevo52 5,047]

Hi,

 

They should have complied with your Subject Access Request at the time, send them a non-complience letter...........

 

http://www.consumerforums.com/resources/templates-library/48-bank-templates/129-data-protection-act-non-compliance-template-letters-

 

Why give them another £10

 

Regards.

 

Scott.

[FullyBANKcharged 1]

Will it matter that it was 6 months ago?

[maroondevo52 5,047]

Not a jot, at least I don't think so

[FullyBANKcharged 1]

Thanks for the help, any idea how they will have found my new address?

[PGH7447 1,830]

have you registered to vote?

[Deb T 608]

Thanks for the help, any idea how they will have found my new address?

 

 

Take a look at your credit file, if you've changed/updated your other bank account/credit card details to your new address it's highly likely the cra have your addresses linked (will show on your file)

[mr.ton 1,000]

The DCA's do feel a sense of achievment when they "find someone" & the £ signs light up in front of their eyes

[Deb T 608]

Nothing like an infomed Cagger to **** on their parade and extinguish any £1 signs they may have....

 

 

The DCA's do feel a sense of achievment when they "find someone" & the £ signs light up in front of their eyes

[mr.ton 1,000]

The CRA's have a special hotline set up to every DCA office up and down the land, so when someone updates their details, they are only too quick to inform them

[FullyBANKcharged 1]

Ok, update, realy realy worried now.

 

Got a letter today from a company called HL Legal solicitors.

 

They say the account has been passed to them and that theyve added £55 court costs and £70 solicitos costs, taking the debt up to £664.

 

This is from about £180 in February, bearing in mind the last time I used the card was September 2007.

 

Any help is realy realy appreciated as Im getting a bit panicked now.

[Huff&Puff 246]

Stop panicking. HL legal are a pathetic joke. Thy can add all the unlawful charges that they wan, all it proves is that thy are very unlikely to be taking anything anywhere near a judge.

 

Report them to Trading Standards and the OFT, they should not be chasing a debt that is in dispute. You could send them the "bemused" letter as well, but reporting them is often all it takes to get them to go away.

[FullyBANKcharged 1]

Thanks for the reply. So I'm ok just to go ahead and send CAP1 the DPA non-compliance letter?

 

Thanks again.

[Huff&Puff 246]

You can if you want, but you won't get anywhere at all with them, they will just ignore the letter, or come out with a load of bull as to why it doesn't apply to them

[FullyBANKcharged 1]

I do kind of get that impression.....

 

What would you advise I do next?

[Huff&Puff 246]

I would advise that you report them to Trading Standards and the OFT for continuing to pursue a debt that is in dispute.

[FullyBANKcharged 1]

Ok, so you would assume that apart from a few threatening letters, there's not a great deal they can do?

 

Do I send my CCA back to CAP1 or to Capquest?

[FullyBANKcharged 1]

Anybody please?

[Huff&Puff 246]

I thought that you had already asked for a CCA? In which case you don't need to send another one. Did you ever send the "in dispute" letter?

[FullyBANKcharged 1]

I have thankyou. So I just wait for a response from Cap1 now then.

 

 

Thanks again for all your help.

[FullyBANKcharged 1]

********Update: 15/01/2010**************

 

 

Had two lovely letters in the post today. A signed copy of a CCA from CapOne, (probably enforceable, but which I will scan in and post tomorrow.) Accompanied by a snotty letter, telling me how gracious CapOne had been by deigning to give me, a mere customer, a true copy of my records

 

Seperately I also received this from Capquest:

 

Client: Cap1

Balance: £More than 500

 

Dear fullyBANKcharged,

 

It is apparent that we need to start the litigation process to resolve this matter.

 

As you will be aware we have communicated with you over a period of time to resolve this without legal action. (I am assuming that is the one threatening letter I received in November.) Costs incurred as a result of any judgement will be added to your balance, if we succeed in obtaining Judgement against you.

 

My name is Marcus Butterworth () and I have been appointed as your case handling supervisor.

 

Together with my team. it is my responsibity to progress your account through the litigation process, but also to assist and inform you on any query or question you may have.

 

Your case will be processed and passed to our solicitors on or around 25 Jan 10 a process that you can stop by telephoning 0870 084 3513 to discuss your account, and reaching an amicable solution. (:p:p:p:p)

 

I will not be demanding payment in full. (I wonder why?) I will be open to suggestions from you on how this account may be settled. (Dont tempt me.

 

If you contact us before 25th January 2010, I can offer you a settlement figure to clear your outstanding balance. That means you only have to pay £xxx (under £300.) to clear this account, and if required, you can pay this amount over three months.

 

I trust you will recognise that my appointment is an indication of the imminent commencement of legal proceedings. (Translation: "I don't know how to put this, but I'm kind of a big deal. People know me.") I trust that you will take this opportunity to contact us and save yourself the possible expense of litigation and the problems that any litigation in which we are successful could cause you.

 

We look forward to hearing from you. (I bet you do.)

 

Mr. A. Realhumanbeing

 

So, seriously and joking aside, 1 to 10, how worried should this make me? And whats the next step?

[Huff&Puff 246]

We'll need to see the CCA. Did they send you a Default Notice and a Termination Notice? If so, please can we see those too.