Capquest. Urgent help needed.

[Jach]

Hi I'm here hoping I can get some help re a letter I recieved from Capquest Debt Recovery.

In 2001 I had a Marbles credit card (mistake),however I did manage to pay it all off but unfortunately in 2006 I found myself unemployed. I expected to find a job quite soon and didn't claim any benefits until I had been out of work 6 months, meanwhile I used the credit card and ran my student bank account to its limit. I am back in employment now but have had many difficulties paying off all the debts I incurred during the period of unemployment.

I did initially come to an arrangement with Marbles to pay £50.00 per month (thats the lowest figure they would accept on a balance of £3000), again I found it difficult to meet these payments on top of others I was attempting to pay off.

The debt has been with Capquest for a while now. I have spoken to them on the telephone to organise payment arrangements but the amounts they require is way beyond what I can currently afford. These days I do not answer the telephone as they, amongst others, call constantly and I honestly do not know which way to turn anymore.

I have now recieved a letter beginning 'It is apparent that we need to start the litigation process to resolve this matter.' Could anyone explain what this entails please? The letter states further, 'Your case will be processed and passed to our solicitors on or around 06 March 10th, a process you can stop by telephoning .........to discuss your account, and reaching an amicable solution.' I feel I should call but do not want to be harrassed again into an agreement I simply cannot afford.

The letter also offers me a settlement figure (£2390.57)if I contact them before March 6th 2010. I was previously offered a settlement figure when I spoke to them on the telephone , but they required a single payment and asked if it was possible for me to borrow money off friends and family.

I'm unsure and worried what exactly this letter means. I guess I cannot put off contacting them but need advice on what to say, can I refuse to agree to any arrangement that I know is not feasible for me to comply with?

I do understand this has happened because I stupidly used the credit card when I had little means to meet the repayments. I accept this is my debt and would be willing to pay an amount I can afford but unfortunately there are others in the queue too. It could be argued that getting into debt is all my own fault but at the moment I feel that I'm drowning in amongst all the phone calls, voicemails and letters. I have only just finally managed to pay off Bristow and Sutor bailiffs (also in the process of trying to claim back unfair charges they made thanks to excellent advice given on these forums) and now I have to face this. Any advice that anyone could offer would be so appreciated, please help, I'm desperate

[gezwee]

Hi Jach

 

Send this one first (rec del) as it'll stop the calls for a few days whilst they have a think about it.........

 

Its all a bit of a game with them to be honest although they are quite persistent.

 

After a couple of weeks you'll get template requests for more info (which you'll ignore) followed by the threat of Stat demand.

 

Its at this point that you either feel confident enough to apply for set aside if they proceed with serving or stall them even longer with a CCA request.

 

Get this one off first though and play it by ear, update this thread if they get silly and you'll get plenty of help

 

Gez

 

 

Capquest Investments Ltd

Fleet 27

Rye Close

Fleet

Hampshire

GU51 2QQ

 

Date:

 

Dear Sirs

 

 

Their ref.................................

 

You have contacted me regarding the account with your above reference number, which you claim is owed by myself.

 

I would point out that I have no knowledge of any such debt being owed to Capquest Investments Ltd.

 

I am familiar with the CPUTR 2008 and the Office of Fair Trading's Guidance on debt collection, which states that it is unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. AND in not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I would ask that no further contact be made concerning the above account unless you can provide evidence as to my liability for the debt in question.

 

I await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to Trading Standards and also inform the Office Of Fair Trading of your actions.

 

I look forward to your reply.

 

Yours faithfully

[alfwithhair]

sent Crapquest a CCA request to see if they have any legal rights to collect.

 

Have crapquest bought the debt or are they acting on behalf of marbles?

 

The letter you received is just a standard threat drivel template to get you to contact them.

 

DO NOT speak to them on the phone.

It is not up to them to decide how much you pay. YOU decide if it doesn't suit them then tough they get nothing.

 

NEVER speak to them on the phone give them any bank statements I&E sheets or any other confidential info like your other creditors

 

Worry not about the pre litigation dept, it is the next desk down the office, just the usual dca bull s**t to get you to contact them

[Jach]

Many thanks for your time in replying to my thread.

Will do as advised by you both but need to clear some aspects up if possible.

I have read many threads on here but remain unclear on a few points,

Statute barred- I have paid some off this debt to both Marbles and pretty sure CQ too (do not know dates/details etc)- I understood it was statute barred if no contact, payment etc for 6 years???

CCA- is this a method of obtaining the original agreement? I obtained my credit card online, do not remember signing a hard copy (though I could have). I'm also unsure what the CCA means, why is important that CQ provide this? By having spoke on the telephone to them, is that not acknowledging the debt?

Marbles- not sure if CQ bought the debt or not but haven't heard from them in a long time, I'm thinking that I recieved letters a while ago from another DCA re this debt, then it changed to CQ, (cannot remember who they were, sorry).

Sorry if I do not have the information required and seem ignorant of the ins and outs of the advice given, sure I will learn as this goes on!

Again thanks for all replies.

[mickjo1]

hi jach

if you havent signed a credit agreement their dont have a leg to stand on.

i have requested a cca from carbot dca and i never received one within the time limit of 12+2 days. so i sent them a letter stating that their failed to provide a copy within the timescale.

i would send them a cca request chances are their wont have a copy

regards

mick

[Jach]

hi jach

if you havent signed a credit agreement their dont have a leg to stand on.

i have requested a cca from carbot dca and i never received one within the time limit of 12+2 days. so i sent them a letter stating that their failed to provide a copy within the timescale.

i would send them a cca request chances are their wont have a copy

regards

mick

Thanks for your reply.

I do not remember signing anything but its been so long ago I couldn't honestly say for definate.

I still do not understand the significance of a cca (sorry folks, with some things I'm slooooow). Is it really that simple though, if nothing signed nothing owed? Surely everyone would accrue debt and not pay if this was the case?

I trust all who take their time and effort to reply to me and others on this forum so excuse me if I ask what appear to be stupid questions!

[cerberusalert]

A CCA request is asking for a 'True Copy' of the agreement you signed. Obviously if you didn't sign one they will not be able to produce it, in which case the alleged debt will be unenforceable and unless you feel morally obliged you do not have to make payment.

[Jach]

A CCA request is asking for a 'True Copy' of the agreement you signed. Obviously if you didn't sign one they will not be able to produce it, in which case the alleged debt will be unenforceable and unless you feel morally obliged you do not have to make payment.

 

Thanks for your reply.As I said I do not remember signing one, I'm almost certain it was all done online. Would certain boxes ticked online mean that ...you agree to terms and conditions etc.....and could Marbles have had a hard copy of this that could be the equivalent of an agreement?

Nooooo I don't feel morally obliged, I've had too much hassle off too many of these people for far too long! I never took on the financial commitments with the intention of not paying but I also never imagined being out of work for over 12 months. I did a midwifery degree and at the end of my training the Trust had no midwifery posts vacant due to financial constraints , and even though I had worked as a nurse at the said Trust for 12 years, it was the end of employment for me!!!!! I had no debt, beyond my mortgage, at the beginning of my unemployment (I had even paid off my Marbles credit card in full!).

[cerberusalert]

At the time you applied for the card they would still have needed to send you a hard copy of the CCA to sign, a lot of companies neglected to do this so were left with a swathe of unenforceable agreements.

 

Send the CCA request and see what shows up.

[Jach]

At the time you applied for the card they would still have needed to send you a hard copy of the CCA to sign, a lot of companies neglected to do this so were left with a swathe of unenforceable agreements.

 

Send the CCA request and see what shows up.

 

Thanks again for your reply.

You are right, I will send the CCA request. Of course I may have signed something but I really do not remember doing so. All these debts have pickled my brain .

Is the CCA request the letter advised in post #2? If not should I send that in addition to the CCA?

Sorry to ask so many questions but I really want to get all this mess sorted, my head has spent far too long buried in the sand!

[cerberusalert]

Send this http://www.consumerforums.com/resources/templates-library/86-debt-collectors/581-cca-request-letter recorded delivery, enclose a £1 postal order and do not sign the request. They have 12 working days from receipt to provide an enforceable CCA, if they fail to do so you can legally withold further payment until they do so.

 

Even if you had signed something that far back it doesn't necessarily mean that any agreement is enforceable.

[Jach]

Send this http://www.consumerforums.com/resources/templates-library/86-debt-collectors/581-cca-request-letter recorded delivery, enclose a £1 postal order and do not sign the request. They have 12 working days from receipt to provide an enforceable CCA, if they fail to do so you can legally withold further payment until they do so.

 

Even if you had signed something that far back it doesn't necessarily mean that any agreement is enforceable.

 

Many thanks, will do this and send the letter off next week. Will keep you all updated re any replies I recieve

One more question please, if they do obtain the initial agreement, what then happens? Do I still have the opportunity to arrange repayment at a sum that I can afford, rather than a minimum they insist must be paid?

[debt4get]

the simple answer to that is yes..you tell them what you can afford not what they say you have to pay..would think though the chances of them finding an original agreement is slim

[Jach]

the simple answer to that is yes..you tell them what you can afford not what they say you have to pay..would think though the chances of them finding an original agreement is slim

 

Thanks, previously 'agreeing' to an amount I knew I couldn't afford resulted from a phone call I made to them following a 'threatening' letter, I will not, as advised on here, be communicating with CQ via telephone.

[babydoll0141917]

subbing

[cashins]

would think though the chances of them finding an original agreement is slim

 

The chances of finding an enforceable Marbles agreement from 2001 are even slimmer.

 

David

[harrassed senior]

There is also a possible 'hint' in that they offered you a settlement figure, is this much less than the alleged amount owed?

[babydoll0141917]

My marbles is 2005... they offered me a discount wuite a lot less than the original debt

[harrassed senior]

Then it is fairly safe to assume they know they have nothing enforceable.

[babydoll0141917]

Do they need an enforcable CCA to make you bankrupted ??

[cerberusalert]

Do they need an enforcable CCA to make you bankrupted ??

Yes.

[babydoll0141917]

Thats great news ..All robbers way could come up with is a reconstructed one no historic T & Cs no sigs and not even the right account number..Lets see what CrapQuest come up with

[Jach]

There is also a possible 'hint' in that they offered you a settlement figure, is this much less than the alleged amount owed?

 

The amount owed is £3187.43, the settlement figure is £2390.57. I do wonder how they calculate this????!!!!!

[debt4get]

yes..also it cost them over a grand to make you bankrupt...if they do not have an enforceable agreement and they apply for bankruptcy..which is extremely unlikely you could apply to have it set aside on the grounds of unenforceability

[debt4get]

they calculate it by all sitting in a big circle and plucking a figure out of the air..by wondering how much they can try to screw out of you without coming up with the correct paperwork