Capquest Help

[Denzyl]

Can anybody help me?

 

I have fallen on hard times and now im unable to pay the full amount on my monthly load to CITI Financial. I have been sending them letter after letter since March asking if they could freeze the interest and accept a lower payment (just under 50% of the agreed monthly amount) until my finances recover but they have never bothered to reply. I have however had letters telling me I have had charges added to my account due to non payment.

 

Then today I have received a text message and a letter from CAPQUEST saying that CITI have sold my debt to them. Interestingly I also received a letter supposedly from CITI stating they have sold the debt to CAPQUEST. Both are dated the 24th August and arrived today on the 26th.

 

Upon reading a few posts on here I looked closer at the 2 letters and it’s now crystal clear that the letter from CITI isn’t actually real at all. The idiots at CAPQUEST have clearly just typed up the letter on a cheap piece of plain A4 paper and printed the CITI logo on the top left. I have compared this to previous correspondence from CITI and they are nothing alike.

 

I then looked at the envelope the 2 letters arrived in and as expected, CAPQUESTS envelope stated it was from their office in Fleet. However the envelope used for the “CITI” letter had a different PO Box printed on the back. Further investigation has now shown me that this PO Box belongs to CAPQUEST in Bristol so its impossible for this letter to have been sent from CITI.

 

I have contacted CITI to complain that they have not written back to acknowledge my request to make a lower payment and to ask if they have any record of sending me any letter stating they were selling my debt on. They have confirmed that they have not sent any letter and I am now going to send them a copy of their own letter.

 

Im thinking they should have either acknowledged my request and also wrote to inform me they are selling on my debt but as of today, I have received neither.

 

Surely this is fraud committed by CAPQUEST but I don’t know what to do next.

 

HELP PLEASE

[alfwithhair]

did you ever receive a default notice from CITI

 

it is a well know practice for DCA's to invent their own Notice of Assignment.

 

If you didn't receive a default and CITI have sold the account, then they have unlawfully terminated the account, so there is nothing for crappyquest to collect, other than the arrears.

 

You need to send a Subjest Access Request to CITI to see if one was ever issued

[Papa_Smurf]

Is your debt a loan or credit card?

 

My advice is don't speak to them on the phone, keep everything in writing. As you said, send citi a copy of the letter and wait for a reply. Keep all letters in case THAT letter was a fake you would have grounds for making a complaint about capquest to the office of fair trading.

 

As for payment, you can only pay what you can afford. You decide the amount of your monthly payment. IF it went to court, and I say if, a judge would look at your income and expenditure and would NOT make you pay more than you could afford. Only a judge can demand income and expenditure details, everyone else can foxtrot oscar.

 

If you're unemployed then consider this, benefits are not for paying unsecured debts, they're the minimum a person needs to live on and a debtor need only pay a token amount of £1 per month.

[Denzyl]

Its a Loan and i am employed. I am really amazed that CapQuest can think that sending a letter with CITI's logo from their own PO Box is an OK thing to do!

I have just posted a copy of the letter and the back of the envelope to CITI Collections and also to the Head Office in London. Do you think i should write to CapQuest? If yes, what do i say?

[Denzyl]

I have only ever received Notice of Default Sums for the extra charges they were adding to my account whilst ignoring my requests to pay a lower amount. As yet, no full default notice. I am still in shock at how CapQuest have just printed a crappy letter using a CITI Logo and how stupid they were to use one of their own envelopes to post it. Is there a template you know of so i can send of the SAR? Thanks for you reply.

[silverfox1961]

Hi,

The notice of assignment is a fake. Citi have acknowledged that they don't send out NOA's. That doesn't mean it's fraudulent, it just means that Citi have given CQ permission to reproduce the NOA's.

To me, that is wrong as my interpretation of the Law of Property Act 1925 s196(4) says that the NOA should be in the hand of the assignor.

 

I would send Citi a SAR. You won't get much back but you will get copies of any letter received by them which shows your willingness to repay the debt and their ignorance of you. I think it was the OFT that said creditors must treat debtors fairly and Citi are not know to be fair. You could then report them to Trading Standards

 

I would also call CQ's bluff. Tell them that this account was unlawfully terminated as you had not received a default notice. They will have to prove one was issued and Citi are notorious for not supplying information.

 

As Citi have been putting charges on, I would reclaim them.

[Denzyl]

Hi Silverfox

 

I have just had another conversation with CITI Collections team and they have said that the account hasnt actually been fully sold......yet. How do go about raising a SAR? Does that have to be done in writing? Do you think i should go to the FOS? Thanks for your advice.

[silverfox1961]

In that case, say nothing about unlawful termination yet.

Can you post up the letters you received (minus your personal info)

 

This is a link to the SAR template:

Letter 11

http://www.consumerforums.com/resources/templates-library/86-debt-collectors.html

[Denzyl]

Hi Silverfox. When you post, who to? Thanks.

[silverfox1961]

Scan or photograph your letters. save them to your computer, open paint and use that to delete personal info then save as a jpg file.

When replying to posts, there is a "go advanced" button. Click that and there will be a paperclip. Just click on that and browse to where yor documents are saved and click. That should upload them to the forum where the experts can have a look.

[Denzyl]

Hi Silverfox.

 

I have scanned a real CITI letter so you can see the difference between the real one and the one I received in the CapQuest envelope. I can’t stress enough how bad the print is and its even clearer is been printed when it’s scanned as the logo is not as perfect as the other one.

 

I have also scanned the envelope so you can see the POBox detail and the letter CDR. All have been proven to be a POBox in Bristol owned by CapQuest.

[Denzyl]

Not sure if i have done this correctly as they look too small for you all to read. Is there another way of getting them posted so they are larger? I have also attached the link from another thread as this person has exactly the same letter as i received apart from theirs has the Cap One Logo. I find it very strange indeed that Cap One and CITI word the letters exactly the same and even have the same layout and fonts!!

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?260758-Is-This-A-Valid-CCA-They-Say-Yes-I-Say-No&highlight=capquest+help

[Papa_Smurf]

Not sure if i have done this correctly as they look too small for you all to read. Is there another way of getting them posted so they are larger?

 

Do you have a photobucket account? It's free and will show full size images.

 

Goto photobucket.com

[Denzyl]

Well you probably don’t need to say this but CITI have not bothered to reply to any of my letters. I have tried to stick to everybody advice and not bother calling them but I just had to…….sorry.

I’m glad I did because I am now being told that they apparently have sent out a default letter in June. However when I spoken to other people in CITI 2 weeks ago, they said there was no record of a default letter being sent!

What he actually then said was that on other letters they sent, mainly from there in house DCA, they stated that it could lead to default of my account. However I cant see the word default on any of the letters they sent apart from the Default Sums letters.

He then proceeded to say that they have left several messages for me on my mobile voicemail stating that I could end up in default. I reminded him that as per my letters to them, I have intermittent mobile phone usage due to my financial situation. Hence my request to them to contact me in writing at all times.

I reminded him that I wasn’t a “wont pay” but a “couldn’t pay” and that I have requested in several letters they accept a reduced amount until my situation improves. He stated that they tried to ring me to discuss this and that because I didn’t answer the phone, they have now sold my account to CrapQuest.

I reminded him of section 9 of the lending code states that if a customers requests contact in writing, they have an obligation to adhere. He just wasn’t interested and kept banging on about how they tried to call me on several occasion’s he wasn’t interested at all that they haven’t once acknowledged my written requests.

He ended the call after agreeing with me that it’s a waste of my time contacting CITI as they were not interested in my situation.

I am thinking of sending off a CCA request just to check this load is enforceable.

What’s your thoughts everybody?

CrapQuest continue to call me at least 5 times a day so I will be sending them the same request to only contact me in writing. They have tried some strange tactics which included calling from 4 different numbers now. The weirdest one showing on my mobile as +1-252-576-422……bizarre.

Any thoughts on my next actions?

[silverfox1961]

Hi,

If you really must phone them, at least record their lies for the future (and our amusement)

 

If your account is pre 2007 then a CCA to CQ will be fine. Don't sign it but they may come back and say that they cannot fulfil your request without one

 

Have you sent Citi a SAR yet?

[Denzyl]

I cant belive how unhelpful he was. No SAR as yet. Any suggestions on the format of the SAR? Do i send that to CITI and the CCA to CQ? Thanks for the reply.

[silverfox1961]

Bookmark this link.

http://www.consumerforums.com/resources/templates-library/86-debt-collectors.html

Letter 8 to Capquest

letter 11 to Citi

 

With the SAR to Citi, you will need to give them a signature or they will stall. I would sign it but make your signature slightly different to normal, photocopy it for your own records just in case. If you have moved, give them your previous address. Send this to Citi's head office, not the data protection team. The reason being that they don't sign for recorded delivery items and you need proof of delivery.

Depending on how old this account is will dictate how much you get back.

[Papa_Smurf]

Denzyl, by picking up the phone and calling them you are encouraging them to call you several times a day.

 

The only way they get the message is if you practice what you preach and keep everything in writing and tell them in every letter 'writing only'.

 

CCA is sent to the current owner of the debt. As for SAR I'm not sure. I think the SAR request has to be sent to the original creditor, wait for others to advice you on this.

 

Here is a link to a SAR template letter.

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/576-subject-access-request-debt-a-dca

[Papa_Smurf]

If you give them your signature consider signing over this:

 

Sep2010Sep2010Sep2010

Anti Tamper Signature strip

Sep2010Sep2010Sep2010

Anti Tamper Signature strip

[Denzyl]

Well that’s the CCA and the Phone Harassment letter sent off today. Both went off recorded delivery so its now 12 days and counting!!!

Thanks you my friends. You have been a great help.

Look out for my next post soon.

[Denzyl]

Hi all.

 

I have tracked my Recorded Delivery of the CCA request and can see it was signed for on the 6th but no word back as yet on the request.

 

However I have received a letter today from the HL legal department telling me to pay up or face possible court action.

 

It says as I have failed to respond to their last letter they have now appointed a solicitor.

 

Should I send these people a letter stating I am awaiting the outcome of a CCA request so they don’t bother me any more?

 

I am assuming the “don’t phone” letter has done the trick as they haven’t bothered to try and ring me at all this week.

 

Thanks

[silverfox1961]

Hi,

Wouldn't bother. Your letter has possibly crossed with one of theirs

[Denzyl]

Well nothing from Capquest or CITI in the post so no sign of the CCA. Whats my next move?

 

Thanks

[alfwithhair]

If 12+2 working day are up since they receive the request then send them the 'account in dispute'

letter.

The account then remains disputed until such time as they supply the required information.

[Denzyl]

Thanks for the swift reply. Any idea where i may lay my hands on a template letter for the dispute? The CCA request went to CITI. Does this letter go to CITI, Capquest or both.

 

Thanks again.