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Help needed with dreaded Capquest letter


xmedia
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Hi

 

Help needed please. I defaulted on a current account overdraft and personal loan for car with RBS in about 1999. I had paid around two years on my loan. I owed RBS \at default around £3500 for both when I stopped making payments. These were in my maiden name. I moved house and subsequently married and stopped work. In 2002 I received a letter from Robinson Way DCA giving me a total of nearly £7000 to repay. I was not working and my husband agreed to pay £40 a month to them and we set up a direct debit on his account. This money was paid until Feb 2007 when we divorced, around November 2006 I received another letter from Robinson Way demanding the original £7000, despite the payments of nearly £2000 already paid to Robinson Way. They said that RBS had instructed them to pursue as they had not received any money from Robinson Way regarding my debt. I contacted Robinson Way who looked into it and said payments had been received from my husband but they had not been credited to my account, despite me receiving a statement every month from Robinson Way showing new balance. After several phone calls I was told that this had been remedied and i should not have had the second bill for £7000 it was a mistake as RBS had not credited me with any payments so a new default had been generated. I have never received any CCJ against me and have had a good credit report since 2007.

 

In Feb 2007 we divorced and my husband stopped making payments for me. I became a carer for my dad and was unable to make payments and Robinson Way refused to accept less. I moved out and again defaulted owing once again around £3500

 

I today received two letters from Capquest one for car loan one for current account

 

In the matter of Capquest Investments Limited v Me

Power of Attorney: Royal Bank of Scotland

One balance of £2291.98 Other balance of £4201.76

 

Despite our numerous attempts to assist you to find an amicable solution to settle this account the balance remains unpaid. (I have never spoken or received any other letters from Capquest till today!!!) I haven;t spoken to any DCA about this for three and a half years.

 

Then standard letter blah blah our investigations into your current financial position find ourselves preparing a statutory demand which will be completed on or around 2nd september 2010.

 

Offering to slash 50% off both debts if paid before 2nd Sept which is impossible.

 

I made the mistake of phoning them and asking what they were in connection with and saying i disputed the amount they were trying to reclaim. All the South African guy on the phone was interested in was getting me to set up payment plan to repay both within 18 months at a couple of hundred a month which i just laughed at and put the phone down on him

 

I know now i should have ignored the letter till a SD came through (if it did) so what is next course of action. Have i admitted debt by phoning them or am I ok because i disputed it as paid money to another agency already?

 

Help please!!! Can they apply for bankruptcy if no CCJ has been put on me for this debt and they have not contacted me at all. If they have bought the debt is it now written off as far as RBS are concerned. Have CapQuest bought the debt from Robinson Way who lost me and if so can they demand full amount that was owing 10 years ago?

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Hi sorry to hear you are having problems with this lot.As you made payments untill 2007 then they can take action on the debt but by them trying to take 50% off shows that they might have no CCA for this and that it is over 10 years old which may also provide a clue.Have a look around this sight for info on this as there are many threads on this lot including mine.Just a side to this there maybe ppi insurance on these loans which you could claim back.I am sure someone with more knoledge will advice you what to do.

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Thanks for reply. I thought it was strange they were prepared to accept 50% off both debts. I think there was PPI protection on the car loan at the time but it is so long ago now and I have no paperwork now

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If RBS have combined the OD and the car loan into one debt then this is a big no no.

Stop worrying too much about CQ, I am sure we can get this sorted.

NO MORE SPEAKING WITH THEM on the phone

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/581-cca-request-letter

Send this and do not sign it. Enclose £1 postal order and send recorded delivery.

I have no legal training, any knowledge I have has come from this forum, and my own experiences. Always balance up any advice you get with your own common sense.

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OOPS forgot the CCA will be good for the Car Loan but will not show anything for the OD

I have no legal training, any knowledge I have has come from this forum, and my own experiences. Always balance up any advice you get with your own common sense.

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Dont worry too much about the SD, myself and many other Caggers have successfully seen off DCA's issuing SD's and have even been paid costs.

 

The first thing you need to establish if the alleged debts are enforceable. Send your SAR to RBS and a CCA to Capquest.

 

They will probably send out the SD in reply to the CCA request but dont worry about that, the forum is littered with Capquest SD threads. They are straightforward to have set aside.

 

Once Capquest have had your CCA request for 12 + 2 days and have provided no agreements then the alleged debt is in dispute which is a defence for the SD.

 

My advice is:

 

1. Never speak to them on the phone, if they ring you politely say "in writing only" and replace the handset. This will ensure that you have evidence of everything they say.

 

2. Always head any correspondance with "I do not acknowledge this debt" and refer to it as the "alleged debt" in any text.

 

3. Never sign anything, always print your name. Unfortunately some DCA's cannot be trusted not to cut and paste your signature onto an agreement to make it enforceable.

 

4. Send everything recorded or special delivery, you will then have proof of postage and reciept.

 

5. Dont worry. This is probably going to cost you a little bit of time and effort, reading and researching but ultimately had they been more understanding and willing to compromise then you wouldnt have been forced to go down this road.

 

Should you get a SD this is the first place I would read up http://www.consumeractiongroup.co.uk/forum/showthread.php?112326-DCAs-Statutory-Demands-a-few-strategies

 

Hope this helps!

 

Monx

Advice given is my opinion only, I am not a legal or financial expert (far from it).

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Excellent advice already given, I feel you have paid more than enough on this alleged debt and it is time to stand your ground. There will be loads of advice every step of the way.

Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

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Thank you all for your advice. So do I wait and see whether they do actually send out a Statutory demand, or do I send off for a CCA now.

 

I read on another thread about trying the contact name on the SD three times thing so was thinking wait and see if they do send one first and then send off for CCA ?

 

I stopped paying Robinson Way because they had payments off my husband for 5 years and RBS said they had me down as still in default. I've had nothing off Capquest or RBS to say that the debt has been sold or they are

authorised to collect it, and the amount owing is more than original debt even taking into account paid full rate of car loan for two years and 5 years of DCA payments. They must have added thousands on in penalty charges and interest. Original car loan was £3000 and I think about £2000 on personal account debt

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No, I would send the CCA now, they will probably send you a letter with some old dross about returning it to the OC or telling you to CCA the OC direct.

 

If they dont comply within the time limit you then send them a letter telling them it is in dispute, if they then by reply send a SD then you have a complete defence for having the SD set aside.

 

The CCA of course will only cover the loan however the SAR should cover the account and show any payments, any ppi etc.

Advice given is my opinion only, I am not a legal or financial expert (far from it).

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