Capquest Madness!

[KJBoutcher]

Hi all,

 

My wife is having major issues with Capquest Debt Recovery, so we fired off the CCA letter asking them to prove they own the debt. So far we have heard back from them saying they have put a 28 day hold on the account while they 'look into it'.

 

Ok, so far so normal. Then this morning a letter drops on the mat from HL Legal who are 'acting on behalf' of CQ saying that the direct debit mandate is cancelled, which it is until the matter is dealt with. Now, HL are demanding payment on behalf of CQ and this is the first we have heard of HL.

 

My question is this, should we ignore HL's demands, write back to them saying we are only dealing with CQ and we do not acknowledge any dealings with HL Legal? As far as deadlines go, the 28 days are up on 18th September.

 

Anybody have any thoughts on this please?

[jo5ephedward5]

ignor them - they are bullies and never comply with the CCA request - see my thread in my signature...also see Grumbletext, UK consumer complaints - post online and via SMS text message! and search CapQuest

[jimfishybob]

Mine too:-

 

http://www.consumeractiongroup.co.uk/forum/debt-bailiffs-advice/26666-do-i-need-do.html

[KJBoutcher]

Cheers guys, interesting stuff. HL Legal can go jump.

 

However, we have a new development: The CQ accounts are on a 28 day hold, confirmed by them in writting. We cancelled the DD payments (which is why HL wrote to us) but weirdly a payment has been taken today for the regular amount! If the account is on hold, surely that means any payments should be on hold also? And how the heck did they get the DD reinstated after it was cancelled at the bank????

 

Until they can prove they own the debt, why should we pay them? :-x :-x ???

 

Anybody have any ideas?

[jamesrouse]

Call your bank, your covered by the DD guarantee and if there are any mistakes the bank will refund immediately

[KJBoutcher]

Thanks for the swift reply! I'm onto it, but wish me luck as I'll have to use the dreaded telephone banking service with HSBC... Shudder.

[jamesrouse]

when you go through the telephone banking press 2 to complian and you'll talk to some on in the uk

[KJBoutcher]

when you go through the telephone banking press 2 to complian and you'll talk to some on in the uk

 

Good avice, I usually do go down that route as you know what it is like getting diverted to one of their call centres.

 

I can report joy as they have just returned the DD and credited our account with the payment taken. Blimey, getting HSBC to actually do something for a customer for a change paid off.

 

So now we wait for the 18th of Sept, thats when time expires for CQ to deliver deeds of assignment. If they don't (and from what I have read on here they won't be able to), what happens next? I read somewhere that after 12 days if they don't provide docs they have a further 30 days to respond before the debt is unenforcable? If not, what happens at the 28 day deadline?

[modifydirect]

The debt doesn't become unenforceable, it's just that they can't chase you for payment anymore unless they do come up with the documents.

 

I am going through the same thing with Capquest. They have written to me saying that they are "processing" my request and have asked for a further 28 days. Technically this would be breaking the law, so I am writing them a letter back saying that this is unacceptable and contravenes the Consumer Credit Act 1974.

 

The best thing to do is strike while the iron is hot, and get rid of them once and for all. If they default on the statutory deadline, send them a letter demanding confirmation that the debt is written off as they have been unable to produce the paperwork required by law. Also demand that as they cannot prove that the debt ever existed, to remove any negative entries on your credit file relating to this matter. You can in theory demand all of your money back that you have paid them. DO NOT FORGET, if they cannot provide the original credit agreement, in the eyes of the law you ARE NOT RESPONSIBLE for the debt unless you voluntarily acknowledge ownership of it (which of course you wont) . Note that the original credit agreement is the clincher. The deed of assignment just gives the DCA permission from the original creditor to chase you for it. No credit agreement = no debt

 

Finally, be prepared to take it all the way to court. Sometimes they will refuse every request you make until they receive a court summons. Give it a couple of days before the hearing, and a nice letter should appear on your doormat. Like I said though, be prepared to argue your case in court, just in case it comes to that.

 

Good luck

[rambo]

Just a quick one here.

I bought a new car on finance and it did not stop breaking down, so I told the finance company to come and get it, which they did. They want £5000 in settlement. Here is the really interesting part, when I signed the credit agrement, they spelt my name wrong ie SMITH, when it should be SMETH. I made payments and would have kept the car if had not of kept going wrong, am I still liable as I did sign the credit agreement?.

[jo5ephedward5]

well i'd say you are either that or i.d fraud - but as it was a genuine mistake i guess you'll just be liable - i would get it changed tho!

 

if the car kept going wrong then i think they are liable to fix it - i suggest you start your own thread with all the details so you can get better advise

[KJBoutcher]

Righto, this is what happened today.

 

The deadline for CQ to send the deed of assignment draws near (the 18th of Sept) and today a letter from them drops on the matt. It is a letter saying 'here are the documents you requested'... Er, no. I requested the DOA and they have sent me only one copy of the original credit agreement with Egg (two accounts have gone to CQ). This doesn't prove that CQ own the debt, all it shows is that there was an agreement with Egg...

 

So now what happens? They have failed to show that they own the debt and I don't expect another letter showing that they do in the next two days. Surely this means that we have finally got CQ off our backs and we can now deal with Egg themselves...?

 

Also, Blair, Oliver & Scott are after us too, we did the same thing (sent the CCA request for deed of assignment letter) but they sent the £1 PO back saying they will send the DOA free of charge... That was on the 7th September.

 

They received the letter on the 28th of August (confirmed by Royal Mail as sent recorded) so I am giving them 28 days from then to contact us (am I nice or what?) as so far all we have had is the returned PO. I would imagine as they sent the PO back uncashed they will try and wriggle out of any obligation to supply the documents, as to accept it would mean they had to actually do something... So what the heck do we do, just wait?...?

 

Anybody have any thoughts? Thanks in advance!

[jo5ephedward5]

i'm at a similar point - yesterday 4 months after the CCA request i got a copy of the application form for one of 2 accounts held with Halifax - this proves nothing other than i applied for an account - the cover letter says here are the documents you requested - if this is the reason you stoped paying we suggest you now contact us to arrange a Direct Debit - the min we can accept is £5 per month.

 

Not only have they proved nothing - the £5 min payment has dropped from the £75 i was paying and they wanted £150 else they would take me to court before i CCA'd them! - cowboys.

 

I'm just waiting for DSAR info from my bank to come ack so i can see what i have paid them them so far - then it will be LBA followed by Court for a refund.

 

I think you should do nothing for a while...after all whats the worst they can do take you to court...oh no they would need the documenst you have requested to do that!

 

I have sent a DSAR to Halifax who my supposed debt is with - if they come back and i owe them i'm happy to talk about repaying them - i refuse to deal with CapQuest any longer - they are the worst DCA i have ever come across!

 

good luck

[KJBoutcher]

i'm at a similar point - yesterday 4 months after the CCA request i got a copy of the application form for one of 2 accounts held with Halifax - this proves nothing other than i applied for an account - the cover letter says here are the documents you requested - if this is the reason you stoped paying we suggest you now contact us to arrange a Direct Debit - the min we can accept is £5 per month.

 

Not only have they proved nothing - the £5 min payment has dropped from the £75 i was paying and they wanted £150 else they would take me to court before i CCA'd them! - cowboys.

 

I'm just waiting for DSAR info from my bank to come ack so i can see what i have paid them them so far - then it will be LBA followed by Court for a refund.

 

I think you should do nothing for a while...after all whats the worst they can do take you to court...oh no they would need the documenst you have requested to do that!

 

I have sent a DSAR to Halifax who my supposed debt is with - if they come back and i owe them i'm happy to talk about repaying them - i refuse to deal with CapQuest any longer - they are the worst DCA i have ever come across!

 

good luck

 

Hi and thanks for the reply!

 

The letter you received is the exact same one we got too so we would seem to be at exaclty the same point. We have already SAR'd Egg for the statements for both accounts. Interestingly, CQ also failed to deliver a statement of account, so not only did we not get the deed of assignment but no statement showing how much we have paid them. Fear not, all transactions are on the bank statements though, so seeing as they can't prove they own the debt I guess the next thing to do is try and get all payments to them paid back. Should be quite a hefty sum too!

 

Have fun and please keep us upto date with your adventures battling Cr*pquest! Good luck to you too!

[jo5ephedward5]

i had a 'deed of asignment' - but it was a fake - i it missed all the important stuff like dates and sums owed at the point of sale etc - it has the date it was posted as the day created and was gramatically awful - Halifax wouldnt sent this - it looked like a choped template that they forgot to fill in!

 

i think they 'owe' me around £1000 now tho that could be optimistic - CQ say statements are in the post but they have been since Apil so i doubt that!

[KJBoutcher]

i had a 'deed of asignment' - but it was a fake - i it missed all the important stuff like dates and sums owed at the point of sale etc - it has the date it was posted as the day created and was gramatically awful - Halifax wouldnt sent this - it looked like a choped template that they forgot to fill in!

 

i think they 'owe' me around £1000 now tho that could be optimistic - CQ say statements are in the post but they have been since Apil so i doubt that!

 

As soon as you get your bank statements I'd get a letter off to them for the return of all payments you have made. So far we will be asking for about 4K and thats without any interest! By the 26th Sept CQ will have commited a criminal offence by non supply of documents so then we can report them and I suggest you do the same if they have been holding out your statement of account since April. Like now!

 

They aint getting away with this!

[jo5ephedward5]

too right!

 

i will get my money back unless they come up with what i requested of course!

 

good luck

[KJBoutcher]

Well, we seem to have finally got rid of CQ so now we just need the payments they have taken returned.

 

Heres a thought though: As CQ can't prove they own the debt, what happens to the original debt...? Its with Egg, so do we go after them to provide the original CCA?

[jo5ephedward5]

its with egg and if you owe it you shoul dpay it imo, but the chances of you getting CQ to pay up are slim - Trading Standards are looking into my case for me

[KJBoutcher]

its with egg and if you owe it you shoul dpay it imo, but the chances of you getting CQ to pay up are slim - Trading Standards are looking into my case for me

 

How long have TS been on the case for you now? I reckon I may have to go that route too. Anyway, happy to pay Egg, it's just the CQ baddies who we want to take to task and try and get the wedge back from.

[KJBoutcher]

Had a LBA from CQ today about them taking us to court and they don't own the debt! Trading standards have been informed.

 

So how the heck can DCAs get away with sending threatening letters out like this when they don't even own the debt?

[KJBoutcher]

Good news! CQ have written back saying that they no longer have any dealings with my wife and all correspondence will now come from The Shelled Ones... The Egg (from one problem to another perhaps)? I guess after CQ found out we had reported them to trading standards they cut their losses and bailed. They won't be missed.

 

So to anyone else who is having grief from CQ keep the pressure on and demand to see the documents they say they have! It takes time but you'll get there! Good luck!

 

KJ

[221b]

Hi

 

My experience with CQ is slightly different to the rest of you, but I would really welcome advice all the same...

 

Had my phone stolen abroad September 06. Thief ran up £1800 bill in 23 hours.

 

Mob phone co tried to get me to pay entire bill plus £500 disconnection.

 

Involved BBC Working Lunch and with advice from folk on here got "my debt" (Ha!) reduced to £850. Otelo then involved (waste of time as they're in the pay of the mob companies). Mob company won't shift on £850 debt as they say roaming mark up makes up large figure; Otelo agreed. I asked them to liaiase with foreign provider who weren't aware of a crime taking place and would they remove profit element. They refused.

 

They've handed "my debt" to Capquest who have behaved in their usual stylish manner of 10 phone calls a day to landline and mob. Mysteriously the fee has now also cropped back up to £2,350 odd (the original figure that I had already negotiated down to £850!)

 

I was unaware of this company before now so foolishly paid £250 to them over the phone when one awful person said that litigation was about to start within 7 days if I didn't pay something NOW.

 

I have also paid the mobile phone company direct £250, so £500 in total.

 

Since, have discovered CQ on this site and their hideousness, so have fought back somewhat.

 

Wrote to them 27th November asking for DOA.

 

They wrote back saying it would be in hold for 28 days (the usual response I've noticed on here).

 

Since then they've written twice, neither time enclosing the docs required and I've heard today from HL Legal who are now apparently 'handling' the case.

 

An added spanner is that the original mob contract was actually my 72 year old Mum's (bless her) she bought me the phone when I was a student so the original contract is in her name. Not that I want her to have to handle any of this, but it would prove interesting if it went to court I think, as I would be present , but the "debt" isn't officially mine I believe...

 

Not sure what to do next with HL Legal and or Capquest and or original phone provider. Honestly, I was a victim of a sleazy crime abroad, had no money or phone, reported as soon as I got back to Blighty (23 hours later) and yet, I feel like I'm the criminal here.

 

Advice please CQ Slayers??!!

 

I am a bit quandrified now...

 

Thanks

 

221b