'Fun with Capquest'

[Aristoc]

I received a letter from capquest a number of months ago who bought my debt from abbey of 1154. The debt is a student overdraft from a few years ago which they defaulted me on. Much of that debt is bank charges.

 

I am still a student and started an agreement to pay 5 pounds per month. I have been keeping up that agreement since October but they recent sent a letter saying i had broken the agreement and they were preparing my file for court unless I contacted them and paid a settlement figure.

 

I am _sure_ i have paid every month on time, and will check when i have access to my online banking again in a few hours, but it is possible i have missed one.

 

I am planning on writing a letter to them tomorrow and i'm asking for advice. If it turns out i've missed a payment, how should i proceed? I really think they may actually start court proceedings which is something i can not afford at _all_.

 

If however I have kept to the agreement I'm sure its just a matter of telling them so and providing them with copy statements or whatever?

 

Is there anything I can do to halt immediate legal action? I'm very worried about this now, I just cannot afford for this to go to court

 

PS I should add that the letter they sent was sent to my mothers address, which is my mailing address, and so was picked up a week or so after it arrived. As such I believe i have missed their deadline for contacting them.

 

Cheers guys,

 

John

[Aristoc]

I have checked online now and I have definitely paid each month since September. The payments have all been made on or before the 14th, though they seem to have cleared a day or two later. However none of the payments were made after the '19th' which they claim was a missed payment date in October.

 

What should I do? How can they proceed like this when I am making payments. Is it because its taken a couple of days to process the debit card payment using their online facility?

 

John

[maroondevo52]

Thread moved

[Huff&Puff]

These fools are so greedy that even when people pay regularly they still want more

 

First of all, how old was the original alleged debt? Have you sent a CCA request?

[Aristoc]

The debt was originally defaulted I think in 2006. Someone has been in regular contact over it since then so it certainly isn't statue barred.

 

I had planned to claim back bank charges but thats on hold at the moment because of the recent news.

 

I did CCA abbey but later found out that I had no real right to do so as it is an overdraft they are claiming for and so does not require a CCA iirc.

 

John

[postggj]

you need to send abbey an sar

 

you will then get all your statements

 

now the good news

 

work out all the charges and request rappyquest to debit the account as they are the new owners

 

that will realy make there day

[Aristoc]

Isn't that a little premature given the current climate surrounding bank charges? Also, i'm not sure I have the time to wait for abbey to honor an SAR before capquest take this to court.

 

When you say debit the account, you mean deduct the charges from the balance? That would be great but I thought we're to wait for a while until the whole bank charges fiasco is sorted out before starting new claims? :S

 

Cheers man,

 

John

[postggj]

you realy think crappyquest will take this to court

 

put it in dispute vis bank charges

 

you can still take banks to court under the unfair contracts

[Aristoc]

If i SAR abbey will that put it in dispute with capquest? Should I SAR Abbey and then send a letter of notification to capquest? Would this be valid as the SAR was AFTER capquest bought the debt?

 

John

[postggj]

you can sar the original creditor any time

 

send a letter to crappyquest by recorded delievery

 

make it for the attention of the complaints dept

 

tell them you have sent an sar to abbey for the statements and that you will be claming back all penalty charges.

 

the account is in dispute untill compliance

 

now you can realy rub salt into the wound

 

tell them you consider the assignment of the account to be invalid as the account was made up of penalty charges prior to default.

 

the default would then be invalid

[NailPost]

You could also tell them you expect a refund of all monies paid to them to date plus interest accrued plus your costs. If you are feeling particularly cheeky you culd tell them it was their stupidity and greed that caused you to consider their demands in detail and to obtain proper advice.

[Aristoc]

Thanks a lot for the help. Can I say the account is made up of penalty charges if it was only partly comprised of penalty charges? I think the charges probably account for around 70% of the debt, if not more.

 

John

[postggj]

well there you go

 

put the charges with 8 % interest

 

no more debt

 

default and termination by abbey

 

unlawful

 

assignment to crappyquest

 

unlawful

 

did you get a notice of assignment from abbey and crappyquest

[Aristoc]

I only got a notice of assignment from capquest I think. I'll have to check that. How can I say in a letter that the default and termination was unlawful? I had always wondered that, since they abruptly took away the overdraft without warning because 'funds were no longer going into the account on a regular basis'.

[lickthewallfatboy]

I could paper the walls with threatograms from Capquest

 

they eventually see how much of a waste of time it all is

[Aristoc]

I'm planning on issuing an SAR today to abbey (i've been so busy this week i've only just gotten around to it). I can grab the online template for this, i just have a couple of questions...

 

Will the SAR place the account in dispute?

 

Naturally I will inform capquest of my actions, are there any templates for this? Alternatively, is it accurate to state that because the account is now in dispute, it is unlawful for them to persue the debt until my SAR is honoured? I don't want to overstep my legal rights here.

 

Cheers,

 

John

[Aristoc]

I have written a brief letter to capquest regarding the SAR. Would someone give it a glance over for me?

 

Dear Sir/Madam

ACCOUNT IN DISPUTE

Thank you for your recent letter in which you state that I have made no effort to contact you and/or to resolve the above debt purchased from Abbey in July 2009. Following communication with you in August, I entered into a payment arrangement of £5 per calendar month which has been honoured without fail. These payments (the most recent of which was paid on the 6th of December), are recorded in bank statements, copies of which can be produced if necessary.

Because of the apparent carelessness with which this debt has been handled, I have sought advice regarding the unlawful nature of bank charges applied to this account. A Subject Access Request has been filed with the original creditor and until this request is complied with the account is in dispute.

It should be noted that unlawful bank charges constitute the vast majority of this debt, and as such upon receipt of the relevant statements from Abbey I intend to claim for both charges and interest at a rate 8% – an amount which will likely be in excess of the remaining balance.

In summary, this account is in DISPUTE with the original creditor until such a time as my legal request is complied with.

[postggj]

want to turn the screw

 

as crappy quest are now the legal owner of the account

 

all charges will be reclaimed from crappyquest, not abbey as crappyquest have all rights and duties of this acount

[Aristoc]

Right okay, i'll try and add that to the letter asap. Is there any kind of template stating that they cannot persue the debt while it is in dispute or is that simply not true?

 

Cheers for all the help!

 

John

[Aristoc]

Which SAR letter should I be sending? The one i've printed and prepared the one lacking the comprehensive list of items I am requesting. Will this suffice, or should I delay a day or two so that I can print the other template listing the documents?

[Gaznkaz08]

want to turn the screw

 

as crappy quest are now the legal owner of the account

 

all charges will be reclaimed from crappyquest, not abbey as crappyquest have all rights and duties of this acount

 

 

sorry to jump in on this, but would this be the same as my OD dept (80% penalty charges) supposedly owned by DLC, i could press them for my bank charges back?

[postggj]

If An Account Has Been Assigned To A Dca From The Original Creditor

 

Go For It

[Gaznkaz08]

If An Account Has Been Assigned To A Dca From The Original Creditor

 

Go For It

 

 

is there a template for approaching a DCA for a debt made up of charges?

[postggj]

I Have Not Seen One

 

Drop Back Later Tonight

 

Ill Try My Hand Again At A Letter To These Cretins

[maroondevo52]

is there a template for approaching a DCA for a debt made up of charges?

 

Hi,

 

You could try this one...................

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/580-letter-when-bankdca-attempt-to-collect-on-penalty-charge-situation

 

Regards.

 

Scott.