Help with Capquest chasing old cap1 debt needed.

[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.

[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

[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.

[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

[huggys boss]

SAR template

 

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

 

ims

 

Thank You