Cap Quest Debt Recovery Limited

[Mozz1]

I think Cap Quest are a company owned and run by a firm of solicitors, Keppe Shaw & Co.

 

They are insidious.

 

My direct debit bounced for a monthly repayment and I received a letter a day or two later stating that my repayment agreement was cancelled and that the full sum was due. Well, I can't repay the full sum and have an arrangement whereby the full sum inclusive of interest will be repaid in 5 and a half years' time. In fact, I telephoned them the second I knew the DD had bounced and tried to reinstate it at the old, agreed sum and they refused point blank.

 

I had to 'phone them and renegotiate the entire debt and they bullied me into paying 50% more each month.

 

The fact that I have several other creditors was irrelevant to them.

 

They also renegotiate (upwards my repayment plan) every 6 months, on threat of cancelling the arrangement. The staff who man their 'phones are specially trained hard cases who will not compromise.

[Pinky69]

Have you checked whether there is an agreement for this debt. Who was the original creditor? Did you receive a Default Notice before they asked for the full balance? Did they ask for the full balance in wrtitng? Did you receive a Notice of Assignement from the original creditor stating it had been assigned to CQ? How do you know they have any lawful right to collect it just because they asked for payment? If there is no agreement, if the agreement is unenforceable, if the account has been unlawfully rescinded ie full balance asked for (in writing) without prior issue of a DN or if the DN is unlawful, then CQ hasn't got any right to ask for a penny. STOP speaking to them on the phone. They will just bully you and put pressure on you to pay more than you can afford. If they call, hang up. Everything in writing so you have a paper trail.

 

Start off with A CCA request:

 

CCA request letter.

 

Enclose a £1 postal order and they have 12 (+2) days to reply. Send by Recorded Delivery so you have proof of receipt. Print, don't sign, your name. If they don't reply in that time there is an Account in Dispute letter you can send and you can stop paying them until they reply to your request. Whatever they send you can post it on here so we can check ot for enforceability. In the meantime you can let us know if yu received the DN.

[Mozz1]

Have you checked whether there is an agreement for this debt. Who was the original creditor? Did you receive a Default Notice before they asked for the full balance? Did they ask for the full balance in wrtitng? Did you receive a Notice of Assignement from the original creditor stating it had been assigned to CQ?quote]

 

I had an Egg card taken out about 2003 or thereabouts and defaulted owing £9K. The default happened automatically when CCCS became involved. CapQuest became involved in 2005 at about that juncture. I cannot recall now what was sent but I got one hell of a lot of post, demands and 'phone calls at the time (honestly, I seriously thought standing on the train track it was so horrible). Of course, there were a load more debts but Cap quest were and are the worst and most unreasonable of the lot.

 

Presumably they are obliged to keep a record of everything sent to me and I can request that using your precedent letter? E.g. proof of an agreement for the debt, notice of assignment etc.

 

But will contacting them trigger off one of their "automatic reviews" of my repayment plan? Every contact I have with them seems to do this.

[Pinky69]

If you want all the info on the debt, send an SAR to EGG, not CQ, who won't have all the info. If it is from 2005, the agreement is probably unenforceable and you can put the account in dispute. CQ have no power over you whatsoever so don't worry about them - you are in charge of this. You decide whether you will pay and what you pay - not them. Only a court of law has any power to decide about payment. Get a copy of the agreement, put it into dipsute and tell CQ to Foxtrot Oscar.

[PGH7447]

and cancel the direct debit, these thieves can help themselves to your cash, if you want to pay set up a standing order

[Mozz1]

Standing order: will be actioned initially they refused to give me their bank account details and said I had to pay by direct debit).

 

Account in Dispute: when you say the agreement is unenforceable, what do you mean? I will always owe Egg the outstanding balance and interest, so is it the agreement to pay CQ/Egg the current monthly instalments?

 

In other words, do I cancel the standing order and kick off the dispute process? Then negotiate a more reasonable rate of repayment? Anything I can do about the interest?

 

Also, what do do you mean about "forget about" CapQuest? If they are the agents used by Egg to collect the debt then presumably I have to negotiate with them?

[Mozz1]

sorry, forgot to ask: do i send the CCA to CQ and the Subject access request to Egg? Or both to Egg? Or just one of them? How do I know if the gareement is unenforceable and why is the age of the debt relevant?

[Duracy]

Mozz, you should be dictating to them how much to pay not the other way around. Great support and advice on this board from everyone they will help you through this.

I would CCA CQ and SAR Egg but dont hold me to that. I'm new here and I'm sure someone wo knows more can advise. When you get the CCA back post it up like I did with mine and they can see if it is an enforceable agreement or not.

 

Trina

[Mozz1]

Cool, I'll give it a shot. It's gonna be great giving CrapQuest a hard time for a change.

Will respond back in due course.

Mozzi

[Kate987123]

Hey Mozz1,

 

Just to let you know I've recently had the same problems with Capquest. They do try and bully you but stick your guns. I managed to get them down from insisting on payment in full or court to £20 per month but the account is on hold at the moment pending a CCA request anyway!

 

As others have advised, do everything in writing and don't let it get you down too much - good luck!!

[DonkeyB]

I imagine C-r-apquest have bought this debt. That's why a SAR to Egg is an excellent idea. I would advise also a CCA request to C-r-apquest - don't stop paying until they miss the 12+2 days deadline - which they will - until we're sure of the legal situation regarding your situation.

[Mozz1]

I imagine C-r-apquest have bought this debt. That's why a SAR to Egg is an excellent idea. I would advise also a CCA request to C-r-apquest - don't stop paying until they miss the 12+2 days deadline - which they will - until we're sure of the legal situation regarding your situation.

 

solid advice my friend - cheers.