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Natwest/Capquest old debt being chased

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Hi there, this is my first post as only just joined.

 

My husband received a phone call from Capquest this morning asking him to confirm his postcode and d.o.b, which he refused as he didn't know who they were, and they told him they had sent him a letter, but wouldn't tell him any details!

The letter arrived in the post about an hour later!

The letter stated that NatWest wish him to pay a debt owed to them of over £60,000 and that he should contact Capquest to avoid litigation.

There is an ancient debt with NatWest as a result of a partnership, dissolved in 1991, which the remaining 2 partners carried on the business, and then it collapsed leaving an overdraft of around £20k. My husband ended up carrying the can for the whole debt (being severally and jointly liable apparently) and it was agreed in court that he would pay £50 a month. This was in 1996. There was 1 attempt in 1997 to increase payments and he has heard nothing more in the intervening years.

 

The ironic thing is they wouldn't give him any more information on the phone because his date of birth didn't match their records (but his name, current address and previous address did!) He was then accused of failing to co-operate when he refused to send proof of his date of birth! (how that would help when they obviously have it wrong is anyone's guess!)

 

Any thoughts on how best to proceed with this one? Do business overdrafts come under the CCA? Would this come under data protection if they are sending letters to people without confirming their identity first??

 

Thanks

 

Sarah


Today is the tomorrow you worried about yesterday, and all is well!

 

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Hello and Welcome,

 

I've moved this thread to a more appropriate Forum, if your username is your real name could you please send me a private message with an alternative username.

 

When was the last time this debt was acknowledged or any sort of payment made towards it.

 

Regardes.

 

Scott.

Edited by maroondevo52

 
 

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He has been faithfully paying £50 a month since 1996, so it's still current......they did contact his solicitor about a year after the amount was set requesting a review, but as far as he can remember they didn't ever send a revised income/outgoings form to the bank. He's heard nothing at all from them since then until today.

 

It looks like around 7% a year interest has been accruing on the amount. This was a bit of a surprise to him, as he was under the impression that the amount owed would not increase......it's been a nightmare scenario from the start for him, and it's very upsetting to us now. It took several years to get resolved in the first place, and the 3 other people involved in the business have not been pursued by natwest. :evil:


Today is the tomorrow you worried about yesterday, and all is well!

 

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Ruddy Cr@pquest!!

 

OK first things first stay OFF THE PHONE!!

 

Everything MUST be in writing ONLY!

 

If they ring in future, simply TELL them "everything in writhing" and hang up. Keep a diary of events also.

 

Even if this was not a 'simple contract' then they will be well out of time, the maximum time they could have is 12 years.

 

So stay OFF the phone, whatever they wish to say can be committed in writing, ignore ALL of their puerile phone calls.

 

This is almost certainly statute barred, unenforceable, and they have bought a batch of lemons!


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Posts crossed, just seen your latest update, the SB route is a no go.

Could well be out of my league here, so wait for others to give you clearer advice.

 

However IMO, if this has been doing the rounds, different DCA's taking their pound of flesh then passing it on, well that DOES have all the hallmarks of an unenforceable debt being passed about like a hot potato so everyone can earn a crust out of you!


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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the letter is asking for a response from him by 18th May, and if nothing is done by then, litigation will start in June. What's the best course of action from here?

Incidentally, the account number on the letter is different from the one on the bank statement for the account in question. The man on the phone told him there were 2 accounts listed from natwest, but neither account they quoted was the one he has.

 

He told him this in spite of the fact they said they couldn't discuss it further as the dob didn't match their records!

 

Should we contact natwest directly rather than communicating with the DCA?


Today is the tomorrow you worried about yesterday, and all is well!

 

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the letter is asking for a response from him by 18th May, and if nothing is done by then, litigation will start in June. What's the best course of action from here?

Incidentally, the account number on the letter is different from the one on the bank statement for the account in question. The man on the phone told him there were 2 accounts listed from natwest, but neither account they quoted was the one he has.

 

He told him this in spite of the fact they said they couldn't discuss it further as the dob didn't match their records!

 

Should we contact natwest directly rather than communicating with the DCA?

 

hiya,

 

If I have read this right, the debt has already been decided in Court??

 

So your Husband has a Court order instructing him to Pay £50 a month?

 

And Crapquest are threatening Court action?

 

I'd love to see how that works out for the morons!

 

Jogs

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Hi there, this is my first post as only just joined.

 

My husband received a phone call from Capquest this morning asking him to confirm his postcode and d.o.b, which he refused as he didn't know who they were, and they told him they had sent him a letter, but wouldn't tell him any details!

The letter arrived in the post about an hour later!

The letter stated that NatWest wish him to pay a debt owed to them of over £60,000 and that he should contact Capquest to avoid litigation.

There is an ancient debt with NatWest as a result of a partnership, dissolved in 1991, which the remaining 2 partners carried on the business, and then it collapsed leaving an overdraft of around £20k. My husband ended up carrying the can for the whole debt (being severally and jointly liable apparently) and it was agreed in court that he would pay £50 a month. This was in 1996. There was 1 attempt in 1997 to increase payments and he has heard nothing more in the intervening years.

 

The ironic thing is they wouldn't give him any more information on the phone because his date of birth didn't match their records (but his name, current address and previous address did!) He was then accused of failing to co-operate when he refused to send proof of his date of birth! (how that would help when they obviously have it wrong is anyone's guess!)

 

Any thoughts on how best to proceed with this one? Do business overdrafts come under the CCA? Would this come under data protection if they are sending letters to people without confirming their identity first??

 

Thanks

 

Sarah

 

 

Hello Sarah and welcome to CAG.

 

Your husband is paying a debt through a court order therefore you can tell Capquest to take a hike. So long as no payments have been missed then they have no legal standing. Nat West as creditors can apply to the court to increase payments but Capquest cannot. It sounds like Nat West have sold the debt to these leeches but thats what they are.

 

You cannot be taken to court for the same debt cos if I got it this right its double jeopordy (spelling). I would still wait for those who are far more knowledgeable to advice and wish you both the best!

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Thanks for the replies :-)

 

I think we probably have good cause to complain to the OFT on at least two points. We are in the process of obtaining the original court order, as we don't have that so don't know *exactly* what was agreed apart from the £50 a month which has been paid every month by standing order.

 

Should we write to capquest telling them politely to go forth and multiply, or just ignore this letter?


Today is the tomorrow you worried about yesterday, and all is well!

 

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Having spoken to the County Court, it seems they may not have any records after this long. Does anyone know if requesting documents from a bank would include any of the legal documents relating to this debt?


Today is the tomorrow you worried about yesterday, and all is well!

 

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The court must have records of your continued payments surely? What are they playing at??


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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I have to send a letter requesting any documents they hold, then they will see what they do have, but apparently they only keep most things for 3 years.......seems a bit odd to me too!


Today is the tomorrow you worried about yesterday, and all is well!

 

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additionally, capquest rang again today....first time husband was out, so they said they would ring back, but insisted I take his name and phone number "in case we miss him again". 2nd time, husband explained we are waiting for them to confirm details are correct IN WRITING, and that we would respond to the letter with a letter in due course. Told the guy from Capquest he would not discuss any further on the phone. Guy would only give his first name, not his surname.....what's that about?!

 

If I post the letter I have drafted to Capquest, could someone take a look and advise if it reads ok?


Today is the tomorrow you worried about yesterday, and all is well!

 

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Guy would only give his first name, not his surname.....what's that about?!

 

I'll try not to be too flippant!

 

Telephone threat monkeys use pseudo names, it makes them feel as though they are some sort of undercover agents..:spy:

 

When in reality, it is because they all have the same surnames as their parents are brother & sister, and they don't want anyone to know just how incestuous the industry really is!

 

Of course post it up, but please make sure it won't identify you.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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This is the letter I am proposing to send to Capquest:

 

I write in reference to your letter dated 4th May 2011 and subsequent telephone conversation on 7th May 2011 with xxxx and his manager xxxx and the two subsequent calls you made on Monday 9th May 2011 at 12:15pm from xxxx , and 16:33 from xxxx in the Glasgow office.

Although you seem to have several details incorrect on your records, it appears this may relate to the Court Order of £xx I have been paying by standing order to Natwest since August 1996 without fail.

As this is subject to a Court Order, there is no further action required on my part and I insist that you withdraw threat of litigation in light of this.


Today is the tomorrow you worried about yesterday, and all is well!

 

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I didn't realise that you aren't 100% certain what this debt relates too?

 

IMO I would simply write saying that,

 

"As you have failed to correctly and coherently explain the exact details surrounding this alleged debt you are pursuing me for, I can only assume that you are chasing me for something which has already been by the Courts and is in fact still subject to a court order.

Therefore, it will be in your own best interests to stop any legal action you are threatening, as if it is found to be this account already adjudicated on, the courts will not look too kindly on you.

 

Alternatively you can send me exact details as to what you believe this account relates to, how it is made up, who the original creditor is, and who now owns it.

 

I look forward to your prompt response, with your confirmation that you have no closed your files on this matter, or with the information I have requested.

 

Regards


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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we are certain it relates to the same debt, but also wanted to point out that they have some of their information incorrect, and think they may also be fishing for more information about something that probably isn't part of the original court order, as they have 2 Natwest account numbers, neither of which match the account in question. They also had the wrong dob on file. What they do have is an amount that is the original debt plus around the 8% annual interest they are permitted to add, and they also mentioned the amount being paid to Natwest, which is the court order payment.

There was another former partner involved in the action taken at the time, with whom the bank reached some sort of agreement, but we don't know the details of this, it is just mentioned in one of the letters from the solicitor. It may be possible that whatever he agreed he has defaulted, and that is why they are now chasing my husband again. We would like to know the details really, but they won't tell him! Hoping that by pointing out there are errors they may respond with the additional details......


Today is the tomorrow you worried about yesterday, and all is well!

 

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Letter revised and ready to post:

 

I write in reference to your letter dated 4th May 2011 and my subsequent telephone conversation of 7th May 2011 with xxxx and his manager, x, and the two subsequent calls made to me on Monday 9th May 2011 at 12:15pm by xxxx , and at 16:33pm by xxxx, both from your xxxx office.

It appears that the debt, to which you refer is that covered by the County Court Order made in the summer of 1996, under which I was to pay and, indeed, have been paying £xx per month by standing order to your client Natwest. This I have been doing without fail since the Court made judgement.

I would also record that several details you mention in your letter and during the telephone convesation on 7th May 2011 relative to the debt are incorrect.

As the debt is the subject of the Court Order, I am only required to comply with it. In these circumstances kindly withdraw your threat of litigation.


Today is the tomorrow you worried about yesterday, and all is well!

 

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Sounds OK to me. Tame but OK....:thumb:


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Oh I like to start tame.....if I have to write another one it will be less so ;-)

 

Thanks for all the support and suggestions everyone. I hope this will be the end, but I somehow doubt it..........


Today is the tomorrow you worried about yesterday, and all is well!

 

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Yes I should learn to start off less aggressive so I can then escalate it right up!!! (good point tootles!)


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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polite and firm, then you go for the jugular later......bit of good cop bad cop :wink:

 

something my Dad instilled in me from quite a young age.....speak nicely to people with a smile and it's harder for them to respond in an aggressive way! Nice way to disarm them. :lol:


Today is the tomorrow you worried about yesterday, and all is well!

 

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Letter to CapQuest posted.

 

No joy so far with getting any of the documents, but the solicitor's firm he used are going to look to see if they can find anything. Fingers crossed. Hoping that the Court will have kept something as the payments are ongoing........

 

Does anyone know if we request a SAR from Natwest whether that would include details of a Court Order, or would it just be the bank's own records?


Today is the tomorrow you worried about yesterday, and all is well!

 

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A SAR should contain anything and everything that has your name on it, or mentioned in it, for the avoidance of doubt when you send a SAR you should specifically request documents you want them to produce, along with all of the others.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Thanks BB. I can't believe how much I have learnt since Saturday morning lol! We are not going to contact the bank until we have heard back from the DCA......husband is concerned that contacting them will resurrect all the old issues again.

 

He had several years of battles originally with this, and it was the worst (as anyone else reading this will know only too well). There is much more at stake now. When it all happened in the '90s he was in rented accommodation with a small income.....now we have a house, 2 small children.....lots at stake and much more to worry him.

 

But then on the plus side he is not on his own this time!


Today is the tomorrow you worried about yesterday, and all is well!

 

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