Capquest

[Eviliscious]

Hi all

I'm totally new to all this. I've been reading around the forums and to be honest it's not making much sense to me

I received a letter from Capquest but I have no clue why they are writing to me. Could anyone help me please?

 

Thanks in advance

 

Micha

[jimbo45]

Hi there

you need to be a bit more explicit -- just saying cr@ppyquest are writing to you is a bit like phoning a computer help desk and saying "My computer isn't working.

 

We need to know at least if the alleged debt is a Credit Card, Bank Loan, store card etc --then you can get some help.

 

Cheers

jimbo

[Eviliscious]

Thanks for replying and sorry my bad

It seems the debt is for Aqua Credit card and Capquest have bought the debt and handed it over to HL Legal to take me to court?

[jimbo45]

Hi there

the first thing is of course the "Prove it" letter and a request for the CCA.

Then it can be progressed from there.

 

NEVER get scared of DCA's.

 

CAG will help YOU take control rather than having to jump at OTHER PEOPLE'S BEHEST.

 

Note just because you get into debt DOES NOT MEAN YOU ARE BAD OR INADEQUATE.

 

We've ALL been there before on this forum.

 

The trick is to get out of being hounded by other people and take control back again YOURSELF.

 

It's do-able --just follow the excellent advice on these forums.

 

Cheers

jimbo

[silverfox1961]

Hi,

Sound advice so far.

Here is a link to the "prove it" letter.

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/573-general-debt-letter-if-you-know-nothing-of-the-debt

 

DO NOT sign anything, just print your name

Send all letters by Recorded Delivery and make sure you check on the Royal Mail website for proof of delivery.

 

Silly question but does this debt mean anything to you?

[Eviliscious]

Hi Silverfox and ty for replying.

I honestly don't know anything about this debt. I've only ever had one credit card and paid that

off in full when I got divorced. I do have other debts that I play cat and mouse with but after reading this site I think I might stop moving home and try to sort them out. Those ones are door step ones that

totally crippled me by the time they gave me loan after loan to make payments I couldn't afford(£4700 in total). That's a different story I guess, but as for the credit card I really don't think this is my debt.

I've made a CCA letter to send, do I need to send any money with it?

[silverfox1961]

I wouldn't bother with the CCA letter as yet. DCA's seem to think that when you send a CCA you are saying it is your debt.

As you have no knowledge of this debt, the prove it letter should suffice.

 

There is also another train of thought. You may be on a phishing list where the DCA sends out letters to all the people with the same name in the hope one bites. Some forum members say to ignore this letter.

I'm not one of them. I have seen cases where the letters get more and more threatening, causing the non debtor to get worried which is why I say prove it or bog off

[Eviliscious]

I thought the prove it letter was a CCA (sorry for my lack of knowledge here)

Just to make sure, is this the right one please?

 

Dear Sir/Madam

 

You have contacted me regarding the account with the 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 Office of Fair Trading Guidance which states that it 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. 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 the trading standards department and consider informing the OFT of your actions.

 

I look forward to your reply.

[silverfox1961]

Looks ok to me.

Don't worry about the lack of knowledge. I knew bu**er all when I first joined and see where my bluff and bluster has got me

 

Post it, sit back and ignore it for now.

[Eviliscious]

Hi again

I sent the prove it letter recorded delivery on the 16th sept 10 and received this letter in response (I thought something more useful would arrive pretty quick so didnt want to waste peoples time reading it)

 

 

Nothing more has came since, then until i received this one yesterday.

 

 

Sorry I can't link them from Photobucket as I havn't made enough posts yet to do so

 

Can they keep sending me letters like this indefinately?

 

Thanks in advance

[silverfox1961]

Hi again,

All I can suggest for now is to type out what the letters say.

 

You have sent the "prove it" letter. If they keep chasing, complain.

[Eviliscious]

Thanks for the quick reply

The first one says:

We thank you for your recent correspondence which has been referred to the Compliance department. A quality Assurance Officer will respond in due course and we confirm that your account will remain on hold while this matter is investigated.

 

Yours sincerely

(scribble)

Compliance department.

 

The one I received yesterday:

 

Capquest apologise for the delay in responding to you.

We can confirm that your account is being investigated by a Quality Assurance Officer who will respond to your queries in due course. Your account will remain on hold and Capquest thank you for your continued patience in this matter.

 

yours sincerley

(squiggle)

Compliance Department.

Edited October 22, 2010 by Eviliscious

[Eviliscious]

Would it be worthwhile sending a CCA?

 

Thanks in Advance.

[silverfox1961]

Would it be worthwhile sending a CCA?

 

Thanks in Advance.

 

No, Let them do the work first.

In the meantime, it may be worth doing a check on your credit file to make sure nothing "naughty" has been added

[Eviliscious]

Hi Again

 

I received this letter today:

 

Dear Ms XXXXX (a very shortened version of my name)

I write in response to your letter received by Capquest's compliance department on 17 September 2010 and I sincerely apologise in the delay of responding to you.

On 24 July were instructed to by their client to locate and contact Ms xxx (again very shortened version of my name) formerly of and address XXXX XXXX XXXXX.

On 11 August 2010 Capquest were provided with your address by credit reference Call Credit

as the new address for the Ms XXX Capquest were seeking. Your address was updated onto Capquest systems and correspondence was issued to you in relationto the above mentioned.

After further investigation, I can confirm that there is a financial link between your previous and current address. Further more a payment of £21 was made towards the outstanding balance on 1 June 2008. Your letter states that you do not ackknowlegde any debt being owned to Capquest. Therefore in order to resolve this matter swiftly and amicably and to confirm whether this is a possible case of fraud or incorrect information held by the credit reference agencies, confirm to me directly what your previous address is or provide details of your dispute with Aqua Credit Card in order that I may investigate this matter further.

I can confirm the account will remain on hold for 28 days in order to await your response however if no response is forthcoming the account will be referred to Capquest's collections department in order to establish contact with you.

Should you wish to discuss this matter further please contact me on 0871 xxxxxxxxxx

 

Yours Sincerely

 

Miss L Denyer

Quality Assurance Officer.

 

After much searching of old letters,they are infact correct and I do owe money to Aqua credit card. I promise you faithfully that I never knowingly remembered this card but there is a receipt in my pile of old letters so it must be mine.

There are some odd things though about what they are saying. First is the name they are calling me. My surname is double-barrelled but they have shortened it to a couple of letters of the last part eg/ Michelle Smyth-Beckermet to Ms Beck. The second thing is im 99.9% sure I did not make a payment in April 2008 as I had moved home then and have paid nothing to anyone (Aqua or Greewoods) because I stupidly thought I could hide. Since I moved and stayed hidden from Greenwoods, I have managed to keep up all repayments on things like tv licence, car insurance and other household direct debits. With the massive amounts that Greenwoods were taking from me I fell behind in everything. They were taking all my DLA for care and mobility and a good part of my income support. I couldn't live so I did a runner (yeah i'm stupid). This is the first time i've heard anything in nearly 3 years. I'm really scared now that Capquest appear to have found me that its all going to come crashing down on me again. I don't think I can cope with that.

[Huff&Puff]

Don't be scared, these people like to try and bully you, but are powerless at the end of the day.

 

The making up of phantom payments seems to be common practice with certain DCAs, but I wouldn't worry too much about it at this stage. The next thing to do is to send the CCA request, and see what they come up with.

[Eviliscious]

Thanks for replying Huff&Puff

 

I sent the CCA today. If things do go really wrong and this leads to balliffs and stuff, can they take away my mobility car or some of the other expensive disability things I own like my stairlift?

[silverfox1961]

HI again,

DCA's are NOT bailiffs. They cannot "take your stuff" In fact, if you need to write to them again, inform them of your disability as this makes you a vulnerable debtor and they need to treat you as such.

The only way they could take what you "allegedly"owe is by taking you to court AND winning (not guaranteed by any means) If they did win and you failed to pay the judgement then AND ONLY THEN could they try to take your possessions.

 

Just wait the 12 +2 Working days and see what comes back.

How old is the card?

When did you last make payment? (Not the fictictious one)

[Huff&Puff]

Even if all the above happened, and bailiffs were involved your Motability car and disability aids would be safe.

[Guest Cartaphilus]

can they take away my mobility car or some of the other expensive disability things I own like my stairlift?

I'd like to see them trying to take away a mobility car and a stairlift. Already been said, they aren't bailifs but ... I don't honestly think they'd be legally entitled to remove those things anyway as they are paid for by the government not your property. If anyone tried to I'd expect they would have a LOT of explaining to do to a court, by taking away things like that from a disabled person ie inhumane and it would also possibly come under the Disability Act. Sorry to be seemingly blunt but forget totally what these inept idiots are saying or doing. Listenm to the suggestions, support here, instead.

 

Edit - it just annoys me that yet another DCA has got someone into this state of mind more than anything else.

[Eviliscious]

Hi all, thanks for all the replies.

I feel a bit more reassured now that I know they can't just come in and take what they want. ( my door is usually left open during work times for doctor and nurse visits, they just knock and enter)

As far as I can remember I paid the last payment around Nov 2007 but can't remember the amount and can't find anything as proof. The thing I found from Aqua was a form wanting me to tell them my outgoings and a full bank account statements. There was no letter with the form (I must of thrown it away) so I don't know what date it was sent. I had the card about 3 years. I also have a receipt stub but date stamp is unreadable.

 

Thanks again

Edited October 30, 2010 by Eviliscious

[Eviliscious]

Hi all

I just re-read my last post and it's slightly mixed up. I last made a payment around 3 years ago but I had the card about 5 years not 3.

I got a reply from them on the 6th Nov saying my recent CCA request has been sent to their compliance department. They signed for the letter on 1st November 2010.

 

Thanks

[Eviliscious]

Hi all again.

I received this yesterday from Capquest.

Dear Miss XXXX

I write in response to your letter dated xx October 2010 of which the content has been duly noted.

Capquest Investments Ltd purchased the above account with an outstanding balance of £600.66. Capquest were not made aware of any dispute

with the account on assignment and were acting on good faith based on the information provided by Aqua Credit Card.

Please find enclosed a copy of the notice of assignment. Capquest are not legally obliged to supply you with the Purchase Order and or the receipt of the sale of the account and will not be doing so.

Capquest have contacted Aqua Credit Card to request documentation under the Consumer Credit Act 1974 for your review.

The Consumer credit act 1974 allows 12 working days for compliance of the Section 77(1) or 78(1) request. Once this time has passed the creditor would be deemed to have defaulted under the provisions of the Act, however a creditor has the right to seek enforcement of the agreement once the documentation which has caused the default is produced.

I can confirm that the account will not be forwarded to any third parties and no further action will be taken against you whilst your request is outstanding. However Capquest are under no obligation to cease interest on the account nor are they obliged to remove your data from their files.

I further confirm that the above referenced account will remain on hold to await the receipt of all the required documentation from Aqua Credit Card and also unenforceable until such time you are in receipt of the requested documentation.

Please accept my apologies for any inconvenience this matter may have caused you. Should you wish to discuss this matter further please contact me on XXXXXXXX

 

 

Dear Ms XXXX

Your Aqua Credit card Account is XXXXXXXXXXXXXXXXXXXXXXXX

Notice of assignment of debt

Under the terms and conditions of your Aqua credit card as at 25th May 10 you owe a debt of £600.66 (the debt) to Bank Of Scotland PLC ("BOS")

You are hereby put on notice that:

1. By way of assigment dated 24 Jul 10 assigned this debt to SAV Credit Ltd (SAV) and

2. By way of further assignment dated 24 July 10 SAV assigned this debt to Capquest Investments ltd.

As a result of the above-two-mentioned assigments, your debt is now owed to Capquest Investments Ltd. The management of your account will now be conducted by Capquest Debt recovery Ltd and all contact about your account should now be with Capquest Debt Recovery Limited whose contact details are:

 

You will now need to make payment arrangements directly with Capquest Debt Recovery.

Yous Sincerely

 

For and on behalf of SAV credit.

 

This is the first time i've saw this as it was sent to the wrong address.

Edited November 10, 2010 by Eviliscious
Spelling mistake (not instead of now)

[Huff&Puff]

For the moment, do nothing. They are saying that they will not chase you until they provide the agreement. If they do send an agreement, post it up with your details removed and we'll have a look.

[Eviliscious]

Hi all again

Its now past the 12+2 days since they received the CCA I sent and nothing has arrived back to me.

Can you advise me what do now please?

 

Thanks in advance