Capquest threatening litigation - what to do?

[JK76]

Hi all, first post here. A bit green about these things so I thought I'd seek some info.

 

Capquest have bought my debt of £3,300 from Barclaycard and have threatened me with litigation if I fail to contact them and arrange repayment within the next two weeks. I have a job but it provides a low income as it's not full-time employment. I also have a baby on the way in December. Can anyone please help by telling me my options in this instance as far as:

 

1) Is this threat of litigation a scare tactic or are they likely to go ahead?

 

2) If I contact them and offer a piddly amount (for example £10/month) do they have to accept it?

 

3) Is it true I can offer them a payment of £100, tell them it's that or nothing, and they have to accept it and close the deal? I saw a guy called David Childerley on youtube say that if you offer them a one-time payment and tell them that's all you can give 'em they have to accept it??

 

4) Are there any stall tactics I can use, such as asking to see my credit agreement?

 

5) Any other ins, outs or loopholes which I can use to my advantage?

 

 

As I said I don't know very much and find that the legalese and jargon involved in a lot of these things quite confusing. Like many of us, I'm scared and desperate. Please help!

 

Thanks

 

JK

[themagician]

whats the debt for and how old is the acc ,how long since you last made a payment or acknowledged the debt.

the more info the better the help,cheers.

[JK76]

It's around £3,300 for a credit card and I haven't made a payment or acknowledged the debt since around June 2008. I phoned Barclaycard at that time and told them I was struggling and could they help me and they said no, basically it was up to me to sort it out.

[JK76]

The account was opened around 6-7 years ago

[JK76]

Oh, I also had PPI on my card and when I tried to activate it they said no because I hadn't been working for 6 months when I tried to claim. They didn't refund me what I'd paid for PPI either, they just stopped charging me for it.

[JK76]

If I ask CapQuest to send me a copy of my credit agreement and a list of all my payments to the account since I opened the account, would it buy me some time in that they'd have to freeze demands for payments/litigation process until they'd done that?

 

It was a balance transfer of about £3750 and I paid £75 a month for about 4 years, so how I can owe £3300 is beyond me.

 

The David Childerley fellow I mentioned in my initial post said that if you offer a small one-off payment and say it's either that or you'll go bankrupt and they'll get nothing, they're likely to accept it. However, I've also read that you cannot bankrupt yourself over credit card debt.

 

CapQuest said I have to reply on or before the 6th of October or else they'll commence litigation proceedings on the 10th of October, so I'm looking to stall if I can until I know exactly what my rights and options are.

 

If anyone can help or advise in any way I'd be so grateful - my hair is literally falling out with the worry.

 

Many thanks.

[Guest Cartaphilus]

3) Is it true I can offer them a payment of £100, tell them it's that or nothing, and they have to accept it and close the deal? I saw a guy called David Childerley on youtube say that if you offer them a one-time payment and tell them that's all you can give 'em they have to accept it??

 

Not exactly. I have not seen the Youtube video concerned but was it actually connected with a credit agreement or something totally different?

 

1) More than likely a scare tactic, yes.

2) You would be wasting your time doing so by phone, they will accept ANY offer off you if you make it so not a wise thing to do. Oh, then of course, they would also have your card details if you paid by phone; which you should never do for your own financial safety. You can offer them as little as £1 and it'snot what they say you should be paying BTW, it's what you can afford to pay them.

4) Yes, I would most definitely send the letter, enclosing the postal order for a copy of your credit agreement. If they don't have it, or it's enforceable then they should not be asking you for any payments. So, best get that off first before you approach them

 

Lastly, what exactly does the letter say?

[Guest Cartaphilus]

You appear to have two threads, so I have provided you with some answers/suggestions in your other one.

 

You greatest asset here, however, is to request your credit agreement from Capquest.

 

Oh, I also had

PPI

on my card and when I tried to activate it they said no

 

Perhaps there are also things that can be suggested regarding the above as well.

 

However, I've also read that you cannot bankrupt yourself over credit card debt.

 

TBH, is it worth declaring yourself BR for the sum you post?

 

If you follow the advice people will give you here, then you cannot really go wrong.

 

Request your CCA, as like I said that will be your biggest asset at this time and also 'stall' Capquest until they a) send something or b) don't send something. Until they provide you with it, you are not obliged to answer their threat letters.

[JK76]

Thanks so much for your reply, I'll get cracking on that. If I phone up and they start hitting me with questions, I dunno what to do. But I'll phone up and ask for a copy of my CCA. I'll look in the other thread too and read what you've posted; I didn't mean to post two threads but it took forever to send initially so I tried to cancel and start over, not realising it had sent the initial post.

 

Many thanks.

[JK76]

Hi Cartaphil, thank you for your reply, that's great advice and gives me a little ammunition. I'll post word for word what the two letters they sent me (one received Tuesday of this week and one received Wednesday) say tomorrow as I'm working nightshift this evening. A quick summary of the first letter:

 

Dear Mr X,

 

"Prior to the start of legal proceedings various checks and validations are undertaken to establish facts around your current circumstances.

 

During this process it has been established that there are no outstanding County Court Judgments registered against you at the above address.

 

We are highlight this to you as a matter of urgency. If we need to start the legal process and a Judgment is obtained against you, this may have a damaging affect on your ability to obtain credit both now and in the future, as a Judgment will remain on hyour credit file for 6 years and may affect your credit score."

 

 

Then a little bit about what a CCJ would mean for me (consequences) and finally:

 

"All we ask is that you make contact on 0871 *** ****, before 06 Oct 10. No contact by this date will result in your account moving forward to litigation."

 

Will post contents of both letters in full tomorrow.

[Guest Cartaphilus]

Okay, this is very quickly going to get confusing for everyone I think with two threads.

 

DO NOT PHONE THEM.

 

I will be back in a moment, as I wasn't on my computer before so couldn't post the letter.

 

Stay there, I will be right back!

[Guest Cartaphilus]

You need to send them this letter by recorded delivery, enclosing the standard £1 fee postal order - do not under any circumstances send them a handwritten cheque, this is VERY important - and do not sign the letter, print your name:

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection From Unfair Trading Regulations 2008 (CPUTR).

 

If you intend to send a reconstituted copy of the CCA you must declare the reason why it has been reconstituted and if the original exists and in what form (microfiche) etc.

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

I look forward to hearing from you.

 

Yours faithfully

 

 

They have 12 + 2 WORKING DAYS to reply to the above letter, ignore any phone calls, any letters eg reduced settlement offers, or 70 percent off (they will usually issue these letters ahead of a CCA request often if they know one isn't enforceable or that they have one). Then, if they do provide an agreement, post it up here minus personal details, or let us know whatever they reply with.

 

For now, all that's needed is the above letter.

[Guest Cartaphilus]

My apologies as I was in the middle of eating a chinese meal so my phone picked up your reply on boths threads, so hadn't realized I hadn't widened the screen again to edit my above post but:

 

If you self report the other thread, they can get merged into one.

[firstship]

Hi JK76......Welcome............Capquest......the threat of litigation is their standard 1st approach letter (although will look out for your thread with a copy of the 2nd Letter).............as already suggested send CCA cost £1 send recorded template letter available on this Cag site,did Barclaycard advise you that the debt was being sold ???????????????????to pondlife Capquest,there should have been a Notice of Assignment from both BC and Capquest,it can take the form of a simple letter stating.debt being sold,and debt purchased ,the CCA request will slow them down plus at the bottom of the letter add to date you have not received a Notice of Assignment,further I do not acknowledge any debt with your company until such times as you can produce a copy of a signed agreement between Capquest and myself,this again will slow things down to enable us to view your 2nd letter and advise etc...get the CCA letter of to Capquest...................FS..................DO NOT PHONE THEM AT ALL WRITE TO THEM ONLY AND MAKE IT VERY CLEAR IN WRITING YOU WILLL ONLY DEAL WITH THIS MATTER IN WRITING.

Edited September 30, 2010 by firstship
missed out line

[silverfox1961]

Hi,

Did you receive a default notice?

Did you receive a termination notice?

Did you receive a Notice of Assignment?

Are there any charges you could reclaim from BC?

Was PPI included?

 

If you're not sure then send BC a SAR

 

As your "alleged" debt is quite high, Capquest have been throwing Statutory demands around like confetti so don't be too surprised if you get one.

 

All the letters you need are in the new library (look at the top) have a look around.

 

PS-Welcome to CAG

[Bazooka Boo]

All the letters you need are in the new library (look at the top) have a look around.

 

I did wonder if it had changed, my old link looked new?

[UnmoderatetheNet]

Capquest have bought my debt of £3,300 from Barclaycard

 

:lol:will this bunch of losers ever learn?????

 

I'm guessing no Notice of Assignment, No ENFORCEABLE agreement.

 

Just CCA them and you'll soon discover what they have bought is worthless but it won't stop them sending scary letters and threatening you all kind of horrible things.

 

I agree don't talk to these morons on the phone just send CCA request and see what comes back.

 

Chances are they have bought another Turkey and its not even Xmas yet.

[rhos123]

Capquest have bought my debt of £3,300 from Barclaycard and have threatened me with litigation if I fail to contact them and arrange repayment within the next 7 days.

 

hi, jk76

 

crapquest have bought this debt for peanuts, i wonder why barclaycard sold it ? put it this way would you bet on a three legged donkey in a horse race . send crapquest a cca request looks like they have backed another loser.

Edited October 1, 2010 by rhos123

[firstship]

JK76..............aware you are working nightshift,need to see letter 2,as we have all said CCA next move..........good luck...FS

[JK76]

Thanks for your replies everyone, here is letter 2:

 

Dear Mr ******

 

Debt Purchased From: Barclaycard

Account No: ******************

 

It is apparent we need to tstart the litigation process to resolve this matter.

 

As you will be aware we have communicated with you over a period of time to resolve this without the need for legal action. Costs incurred as a result of any litigation will be added to your balance, if we succeed in obtaining Judgment against you.

 

My name is ***** ******** and I have been appointed as your case handling supervisor.

 

Together with my team, it is my responsibility to progress your account through the litigation process, but also to assist and inform you on any query or question you may have.

 

Your case will be passed to our solicitors on or around 10 October 10, a process that you can stop by telephoning 0870 0843536 to discuss your account, and reaching an amicable solution.

 

I will not be demanding payment in full. I will be open to suggestions from you on how this account can be settled.

 

You still have the opportunity to stop legal action and the possibility of settling your account over a period of time and by a method that is suitable to you.

 

I trust that you recognise that my appointment is an indication of the imminent commencement of legal proceedings. I trust that you will take this opportunity to contact us and save yourself the possible expense of litigation and the problems that any litigation in which we were successful would possibly cause to your credit file.

 

We look forward to hearing from you

 

Yours sincerely

 

 

 

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

 

Litigation Department

CapQuest Debt Recovery Limited

 

 

 

 

 

 

Can you see why I'm worried? It looks like they're sharpening the knives.

 

I have indeed received notofication from Barclaycard to tell me they'd sold my debt on, and notification from CrapFest that they've acquired it. Not sure about a termination notice, who would send that and what would it say?

 

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.

[Guest Cartaphilus]

Greetings. Until the others can give other suggestions, send the CCA letter today eg Saturday to Capquest.

[JK76]

Thank you for posting the letter and for taking the time with me on this. No need to apologise - your meal is more important! (and hopefully delicious?)

 

8-)

[JK76]

Will do. Thanks again.

[Guest Cartaphilus]

Good, so now you can send it to Capquest. Meals can be reheated.

[JK76]

One more thing - I don't know if it matters, but should I address it back to the individual who signed letter 2, or just to the company in general?