Capquest threatening litigation - what to do?

[firstship]

Hi...........must be well past the 12 days have you sent account in dispute??????????????.....FS

[JK76]

Got a letter today from CrapQuest saying they've received me CCA request, they're looking into it and they'll send me it soon. They also attched a copy of the assignment letter from Barclaycard. No mention of legal proceedings or threats of any kind, suddenly they've become most courteous. Am I now being treated as "not to be f*cked with" because the nature of the CCA request letter made me look like I know what I'm talking about? (thanks for that btw!!)

 

Would you like me to post the content of the letter?

[firstship]

JK76............has the 12 days past since you put in the CCA request,its nice of them to tell you they are dealing with it,on your thread 9th Oct you said it has been 7 days since sending CCA,they are now in default assuming no reply,send account in dispute letter....FS

[Bazooka Boo]

12 'working' days from receipt of your request is the dispute date.

[tastethediff]

JK,

 

Can you post a copy of the Notice of Assignment from Barclaycard please, remove name address and ref numbers though!!

 

thanks

 

TTD

[JK76]

Yes, I can do that but will be tomorrow before I get the chance as I'm just heading out for nightshift.

 

Cheers

 

JK

[JK76]

Guys, humblest apologies for not getting this done sooner, been constant nightshift and a family member was taken to hospital on Saturday so I've genuinely not had a minute to scratch my ass.

 

Anyway, what follows is word-for-word all I've had back from them in response to my CCA request. It's the NOA, and the amount on the NOA (which looks like a poor quality scan or photocopy judging by the specks of copier dirt or dust on it) differs from the amount on all of Capquest's correspondence. Whether this is due to ongoing interest charges or not I can't be sure, but I would imagine so.

 

Brace yourselves:

 

 

 

***********************************

 

Dear Mr ********

 

We hereby give notice of the transfer of the debt due to us from you in respect of the balance of £3372.12 outstanding as at the 12 Jul 10 on your Barclaycard Platinukm BRT account. The balance due as at the date of this letter is £3372.12.

 

On 30 Jul 10 your account was sold (by way of assignment) to CapQuest Investments Limited who has appointed one of their group companies, CapQuest Debt Recovery Limited to manage your account on their behalf.

 

Further communications as to repayment of the balance and all payments must therefore be addressed to CapQuest Debt Recovery Limited.

 

Sincerely,

 

An illegible black squiggle

 

 

***********************************

 

That's the content in full, the only information I've left off is the account number and contact details.

 

This letter was stapled to a covering letter from C**tQuest which said:

 

********************

 

 

"Thank you for your recent correspondence.

 

We can confirm that we have requested a copy of the agreement for the above account and this will be forwarded to you when received.

 

Please find attached a copy of the notice of assignment and statement of account.

 

Yours sincerely

 

Some random CrapQuest lackey.

 

**************************************

 

 

Where does this leave me, and what should be my next move?

 

Thanks,

 

JK

[MONX]

 

Letter 2 does have some ahem - plus points though, for example "I will not be demanding payment in full" and it does appear that they're not being entirely impossible to deal with - "......over a period of time and by a method that is suitable to you", they say. Although, I wager they'd make it extremely difficult for me to pay it back at buttons per month, which is all I can reasonably afford at present.

 

Let me know what you think, and thanks once again - you've taken a good deal of the sting out of a very frightening situation with your advice.

 

This is just further bullying and bluster. They know that if they were to enter into any litigation they would need a true copy of your CCA, did you send a letter to crappyquest asking for it?

[Bazooka Boo]

If they still haven't sent you your agreement (CCA) then send them the 'failed' letter.http://www.consumeractiongroup.co.uk/forum/content.php?436-Failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale.

[JK76]

Yeah I requested a copy of my CCA over 12 days ago and haven't received it. I'll get a copy of the 'failed' letter fired off to 'em.

 

Cheers BB

[JK76]

Does anyone know how CapQuest, or other companies, usually respond to this letter?

 

Thanks

[silverfox1961]

Does anyone know how CapQuest, or other companies, usually respond to this letter?

 

Thanks

 

It all depends on which button they press on the Threat-o-Matic machine.

Nobody has yet worked out how a DCA's mind works. They may ignore you, they may respond positively.

[JK76]

Merde. I was preparing to send the follow-up letter and so I checked the Royal Mail website to establish when exactly my CCA request was received. 7th October!! I posted it on the 2nd! So it took 5 days to reach Fleet via recorded delivery!! So the 12 + 2 working days isn't up yet. That would be Tuesday of next week, unless Saturday counts as a working day since CapQuest are open on a Saturday, in which case 12 +2 working days was up yesterday?

 

Why am I stressing? D'oh!

[Bazooka Boo]

No no, it is 12 'working' days from when they receive your request, so 12 working days from the 7th will be 22nd, so they can have the 'Failed' letter now.

[JK76]

Excellent, thank you.

 

After almost 2 weeks without a phone call, they rang me twice today. Wonder what all that's about?

[Bazooka Boo]

Fools remind them that you won't discuss financial issues with them over the phone, and that you record all your phone calls.

[JK76]

I sent them the 'failed' letter, but received a photocopy of my credit agreement in the post this morning. 7 days outwith the 12+2 limit - dunno if that makes any difference?

[Bazooka Boo]

No, the account only remains in dispute for as long as they have failed to produce a copy of the agreement.

What does the agreement say? Can you scan and post it up on here for others to have a look at, but remember to remove anything that will ID you to them and the account, so remove all Ref Numbers, Bar codes etc.

[JK76]

Ok will do but will probly be a coupla days before i can access a scanner

[Bazooka Boo]

OK, if you have a camera then switch it to macro setting and use that.

[JK76]

Dang, not been able to get this onto the computer. It's a photocopy of the original CCA, signed and dated by me and a covering letter saying "start paying us by 5th November or we'll pass your account to our collections department for further action." (odd, I thought they were a collections agency?)

 

Can get access to a scanner tomorrow for sure to let you see but looks like I'm going to have to offer them a minimum payment of £5 by postal order to stop further action. If it's to arrive Recorded Delivery by Friday I'd better send it tomorrow. What do you think - should I send a payment?

 

JK

Edited November 1, 2010 by JK76
typo

[Bazooka Boo]

IMO until others have been able to view the CCA they sent you, then I wouldn't pay them a thing, once it has been confirmed onw way or the other then you can decide what you want to to.

[JK76]

error

Edited November 2, 2010 by JK76

[JK76]

Dang, those are coming up really little. I'll try and put them on photobucket so you can zoom in close enough to be able to read em.

[JK76]

Okay, we'll try again:

 

http://i1216.photobucket.com/albums/dd365/AnonymousUser1995/cca_edit.jpg

 

http://i1216.photobucket.com/albums/dd365/AnonymousUser1995/capletter.jpg