Help with Capquest chasing old cap1 debt needed.

[DawnS1970]

Hi,

 

I'm new here and apologise if this posting is in wrong place. I've had a letter from Capquest this morning, I've copied it out here so that you get the idea of what they're attempting to do, I want to send them a letter back by return, but have no idea what to write. I pay them £1 a month and have been doing so for the last 2 years due to previously being on ESA, but this was stopped in March of this year. I do not work, my partner supports me, as I am still not well enough to go to work some days even part time. I've never missed a payment to Capquest, in fact I try and keep 2-3 months ahead with the payments.

 

 

Further to our recent correspondence

 

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

 

During this pprocess it has been established that there are no outstanding County Court Judgments (CCJ's) registered against you at the above address.

 

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

 

A Judgment may have damaging affect on your ability to obtain credit, both now and in the future and may result in you being refused simple credit agreements, such as a mobile phone contract. A more serious consequence may be when applying for mortgages, credit cards or loans with acceptable interest rates, a CCJ registered against you will restrict the opportunities to get the most cost effective option available.

 

We are not seeking an immediate payment in full, we can offer many repayment methods that can be designed around your current circumstances, which may include possible settlements that will save you money. All we ask is that you make contact on 0844 249 9595, before 22 Sep 11. No contact by this date will result in your account moving forward to litigation.

 

Let's work on this together.

 

Please quote reference no xxx in all correspondence.

 

 

Any help in responding to this letter is greatly appreciated,

 

Many thanks in advance!

 

DawnS

[whyme-agen]

Hi there,

 

Someone will be along to put you you right on this one.

 

Looks like just another letter designed to put the frighteners on.

 

whatever you do, DO NOT phone these people.

 

Had to have a little chuckle at the 'lets work on this together'bit

[dx100uk]

something not right here

 

what are crapest doing collecting over payment of a benefit?

 

something smells.

 

can you post up the history please

 

i'll move this to the benefits forum

 

where the more knowledgeable ones are!

 

 

dx

[huggys boss]

I don't think that this is in relation to a benefit overpayment. I get the impression that the poster set up a £1 arrangement with Capquest when she became unfit to work.

[DawnS1970]

Thanks for answering, Capquest are not chasing me for an overpayment of benefit. The ESA was mentioned because at the time I was claiming it and it was all I could pay them. The original debt was with Capital One - hope this has cleared things up.

 

DawnS

[huggys boss]

Oh Cap One yet again!!!

Firstly, have you reclaimed any charges on the account? If you don't already have them, you will need to get all of your statements for the account by way of an SAR. This costs £10 and they have to send you your data within 40 days.

 

As for Capquest, personally, I would write to them and explain that if anything, you are now financially worse off than you were when you set up the agreement because you are no longer in receipt of ESA. Tell them you will continue to pay your £1 a month.

 

How old is this credit card? Have you ever asked them to supply a copy of your consumer credit agreement? (CCA)

 

If they can not supply it or supply an unacceptable copy then you can put the account in dispute, carry on paying your £1 a month and there is nothing they can do or say about it because in effect the account is unenforceable until they do produce your agreement. (Depending on when you took the card out).

 

If Capquest ask you for an Income/Expenditure you are not legally obliged to give them it. Your finances are your business and should stay that way.

Edited September 12, 2011 by huggys boss
added a bit :O)

[huggys boss]

double posted

Edited September 12, 2011 by huggys boss
double posted

[dx100uk]

moved to cap1 forum

 

how old is this cap1 debt?

 

did you ever CCA crappest?

 

dx

[DawnS1970]

moved to cap1 forum

 

how old is this cap1 debt?

 

did you ever CCA crappest?

 

dx

 

The debt is at least 2 years old, I had to give up work for health reasons 2 years ago and had had the card a long time before then. Not sent off for a CCA, as I did run up the debt and feel that I should pay it back (eventually)

[dx100uk]

thren i'd sar them

 

knowing cap1

there are prob heeps of charges & hidden extras like CPP or even PPI there to reclaim.

 

dx

[huggys boss]

Asking for your CCA does NOT mean that you are trying to get out of paying your debt.

 

If they cannot provide a valid CCA (easier for pre 2007 accounts), then they can not legally enforce the debt and have to stop piling the charges on, giving you the breathing space to pay of whatever you can whenever you can without the worry and stress of DCA's chasing at your heels.

 

Also, if you were to claim back any charges they have added to your account, you might find that it will go a long way towards helping you settle this account.

[DawnS1970]

I'm writing a letter to Capquest now, stating that my circumstances have not changed and am going to SAR Capital One and see if there's any joy there. Is there a template for either or both?

[huggys boss]

Your circumstances have not changed letter is one that you can just pen yourself.

 

Something along the lines of:

 

Thank you for your letter dated ....... The contents of which have been duly noted.

 

Please be advised that I intend to carry on making a token payment of £1 a month in respect of Acc No. ................

 

You have been quite happy to accept this arrangement for the past .............. months.

 

If anything, my financial situation is worse now than it was when I started making token payments.

 

Please do not try to intimidate me with further threats of legal action.

 

Yours Sincerely

 

PRINT YOUR NAME - DO NOT SIGN IT.

Edited September 16, 2011 by huggys boss
Blonde moment with regards the spelling of the word "noted" !!!!!!!

[huggys boss]

as for your SAR template, it is around here somewhere but I am damned if I can find the flaming thing, as soon as I do I will post the link

[ims21]

SAR template

 

http://www.consumeractiongroup.co.uk/forum/content.php?552-Data-Protection

 

ims

[huggys boss]

SAR template

 

http://www.consumeractiongroup.co.uk/forum/content.php?552-Data-Protection

 

ims

 

Thank You

[ims21]

[DawnS1970]

Today is the 13th working day of my sending off for a CCA. I've had 2 letters back, one stating that Capquest needed my signature for their client, the second one stated that they are going to suspend my account for 28 days and that could I send them any correspondence that they have sent me along with proof of any payments.

 

Capquest have still not answered or fulfilled my request for the CCA, so what do I do now?

[dx100uk]

no sig not needed ignore

and if they dont know what they have sent me thinks tough luck!

 

give it a week more for the cca

 

then if no show stop any payments

 

dx

[DawnS1970]

Ok, will do, and thanks for the advice. I'm applying for the SAR next week, but don't have the Cap1 account no, is this going to be a problem?

[dx100uk]

nope

just list all your previous addresses

but you might have to sign the sar.

 

dx

[DawnS1970]

UPDATE: Today I've received a letter from Cap 1 and Capquest. Apparently Cap 1 cannot send me a copy of my CCA as my 'signature does not match their records' (I didn't sign anything as far as I remember) and that 'it would be contrary to the Data Protection Act 1998' for them to 'not request a copy of your current signature'

 

Cap 1 then go on to tell me that they 'are unable to disclose personal information uless we are satisfied with the current identity of the requester' (I've lived here for 12 years and my name and address have not changed at all in that time) Cap 1 now need to see a 'copy of a document showing your current signature (this could be a drivers licence or passport). Please arrange for this documentation to be forwarded to us and we will be happy to assist you further'

 

I'm stuck now as I have neither, can they do this?

 

Many thanks in advance for any advice given!

 

Dawn

 

Edited to add that Capquest said they received the letter on 25/10, but I actually posted it way before that. Can I now put the account into dispute?

Edited November 4, 2011 by DawnS1970
More info.

[whyme-agen]

Hi Dawn

 

Don't send any details whatsoever.

 

Wait for guidance on here.

 

Only my opinion, but I think that asking you for details such as driving licence, passport etc, are against OFT guidelines.

[coffeeangel]

Hi Dawn,

 

I too had the same problem with Cap1 and was advised they didn't need it. I was given some wording and this is what I sent to them:

 

I am in receipt of your letter to me dated ........., received by me on ..........., in which you have stipulated that you require proof of my identity/signature before you comply with my SAR. May I bring the following to your attention;

 

Data Protection Act Good Practice Notes:

 

2. Do you have enough information to be sure of the requester’s identity?

Often you will have no reason to doubt a person’s identity. For example, if a person with whom you have regular contact sends a letter from their known address it may be safe to assume that they are who they say they are.

 

Suffice to say that if the Information Commissioners Office are satisfied that if you have previously corresponded with me at this address, [as have three independent medical consulants and the Inland Revenue (copy letters enclosed)], then it is more than reasonable that I am the person I say I am, therefore there is no leglislation nor guidelines that you can hide behind in an attempt to avoid fullfilling my legal request. The 40 day time limit continues to run from date on which you received my subject to access request letter. You have a further 19 days to comply.

 

If you still fail to comply with my legal request, I will have no other option than to complain to the Information Commissioners Office & if my complaint is upheld you will be liable to a £5000 fine.

 

Yours faithfully,

 

---------------------------------------------------------------------------------------------

 

The part in square brackets I added myself - didn't have to but wasn't going to give them any leeway to wriggle out of it. What they have done is hand this off to CapQuest to hound me and put me off my mojo in reclaiming charges.

 

I hope this is of help Dawn. Good luck!

 

Best,

 

Coffee:angel: