Please help - large debt bought by Capquest - not barred!

[Converse]

Hi all,

 

I've recently joined the growing list of people that have had old debts bought by Capquest and have worked myself into a bit of a worry about what might happen next / the best way to handle the situation - any advice would be much appreciated!

 

I dont want to bore anyone with a long sob story but in a nutshell I was stupidly talked into obtaining ever increasing levels of credit in conjunction with some difficult personal circumstances which culminated a loan of which should become statute barred in about 6 months (amongst other debts).

 

Capquest have bought this (current balance approx £15k) along with an overdraft of much less (same statute barred period). I never took PPI and believe any charges reclaim would be fairly minimal.

Capquest have sent me letters advising the accounts have been bought by them, and I have the corresponding letters from the bank advising the accounts have been sold - I can upload copies of these if anyone wants.

 

From reading through other posts I can see that the normal advice seems to be to get hold of a copy of my CRA report, which I duly did today. The debts show on this report, with default dates of the end of 2006 (I believe I stopped making payments approx 6 months prior - this is backed up by the 'status' indicators on the report).

 

My main motivation is avoiding bankruptcy and a judge looking through my finances and applications and potentially taking a dim view of my conduct since the loans were taken out, I have had difficulties with gambling brought on by the aforementioned personal circumstances and do not want to be looking at the wrong side of the law with regards these debts. Equally, although I dont deny responsibility for the debts I dont relish the thought of spending years repaying them, living on a shoestring and funding one of the thoroughly evil DCA companies that bring misery to countless good people.

 

Please help!

 

Converse

[Converse]

No worries Geordieman - the circumstances do sound similar but i'm not Fuzzel, I imagine Capquest have purchased lots of these types of debts which may help account for similar circumstances.

 

If it helps to clarify i'm in England rather than Scotland and I know the account won't be statute barred yet.

[PriorityOne]

You need to make a CCA request to Capquest; making sure you include the words "I do not acknowledge any debt to your company" on the top. Template is in the template section. Do not sign it, include a postal order (not a chq. for the £1 fee) and initial it; do not sign. Send by rec. delivery and see what they send back.

 

Do not be tempted to ring them up and if they ring you.... just hang up or you'll be told a load of cobblers.

 

[geordieman]

my post has been deleted for some reason ??

 

Err ..Censorship

 

?

[ScarletPimpernel]

my post has been deleted for some reason ??

 

Err ..Censorship

 

?

 

I didn't unapprove your post, but I suspect it was done because it was pointless and didn't contribute anything to the thread.

[Bazooka Boo]

Any notion of being on the 'wrong side of the law' regarding this, is a common misconception. Being in debt is NOT a crime, you will NOT be on the wrong side of any law so don't allow that to worry you.

Even my local Council and Constabulary have CCJ's against them!

[theghost]

Its more of a moral issue than a legal one I spose (repayment that is). Although many seem happy to use the law against creditors!

 

OP, its not actually clear what you want to do - pay it off or not?

[Converse]

Thanks for everyone's responses - hope you all had a great new year!

 

PriorityOne - i'm assuming the latest version of the letter is the one dated 27th September 2010 in the 'Debt Collection Library' (sorry, it wont let me post links yet), I'll send it as per your request, my only concern is that once they get a response (even a CCA request) from a letter they send out they might be more inclined to try to fast track the debt to court, hopefully this is just me being daft though, it's hard to keep thinking objectively when worrying about these situations!

 

Bazooka Boo - thanks for the reassurances, my concerns are not about the debts per se, but the circumstances around them. I would however imagine it's a fairly common occurance when people cant pay loans or credit cards off and take out more debt to cover the payments / gamble when in debt. I'm just a bit worried that a bankruptcy would come with a long term restriction order, I'd love to press an imaginary reset button and take back some of the stupid decisions I made about my finances when I was younger and naive!

 

theghost - I won't pretend I wouldn't love to not have to pay these debts off, I'd be happy to use any defence I could against a DCA...

 

Thanks again everyone,

 

Converse

[Stigman]

Converse,

 

Send the CCA request as everyone's advise above, once again, do not sign and include a £1 postal order made payable to Capquest.

 

They have 12 working days to respond to you, if not the account is in default but lets cross one bridge at a time and see what Capquest come back with, when they do, remove all of your personal details, account numbers, barcodes, amounts and any identifying markers and post up, you can attach a .PDF file, the how to do this is in DX100's signature.

 

Capquest will not go near a Court yet, don't let this worry you, Capquest are like any other DCA, read the letters carefully and how many ifs, may's are their? Just file the paperwork into a folder so you have a nice papertrail.

 

Get the CCA off and forget about it until they reply, if Capquest phone you, refuse to go through the security questions and say "in writing only" and hang up.

 

Take Care

 

Stigman

[Converse]

Thanks for your response Stigman, that CCA request should be fired off tomorrow!

 

In the meantime I've been issued with a slightly puzzling letter regarding the smaller overdraft balance, the full text of this is below for anyone who is interested:

 

 

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

 

 

Address / Refs

 

Letter of claim under the Practice Direction- Pre Action Conduct

Dear ****

 

We regret that you have not responded to our previous letter. As a result of your failure to respond we must now consider your account for legal action. Your account is being passed through our pre-action validations and checks. This includes compiling data relating to your residential and employment status.

Any claim will be issued in the name of ****ORIGINAL BANK NAME**** and will be for the unpaid balance on the above account. Through the litigation process we will seek a judgment of the Court, directing you to pay the monies outstanding. We are not aware of any dispute relating to the account but we are willing to discuss with you any issues relating to our claim and to seek to resolve them through alternative dispute resolution methods. Our preferred method is a without prejudice discussion with you or your advisers. We refer you to the Practice Direction - Pre Action Conduct which provides that parties should exchange information before starting proceedings. Paragraph 4 allows the court to impose sanctions on a party who does not comply with its requirements.

You can avoid the possibility of a claim being issued by telephoning our experienced team of negotiators on **** Lo-call Rates Apply to discuss possible repayment options or by letter setting out your proposals for payment and quoting reference *****. You do not have to pay the full balance immediately.

We will allow you a further 14 days to contact us. If you contact us we will be understanding of your financial circumstances and seek to reach a payment arrangement with you enabling you -to pay over a period of time If you do nothing we will complete our pre-action checks which may result in your account being sent to our solicitors for a claim to be issued in the County Court, The issue of a claim will involve expenditure on court fees and solicitors costs which we will seek to recover from you.

If you are uncertain as to your position you should seek advice. Free advice and assistance can be obtained from organisations including those listed overleaf. Details of how you can make payment are also shown overleaf. Yours sincerely

 

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

 

I'm puzzled as to why any claim would be issued in the name of the original creditor rather than capquest when they say the have bought the debt and I have a letter from the original creditor advising they have sold the debt to capquest?

[jdes26]

Do cap quest have a notice of assignment

If not ignore them

Threat o gram

[Stigman]

Never seen that letter before worded like that and have seen and been sent quite a few in my time.

 

Most important bit is the word MAY, it's 6 months before coming statute barred and this is their final push.

 

Just hold fire and someone (crappyquest fanclub) will have seen these before and will advise shortly, in the meantime, do not lose any sleep over it and do not ring them, if they ring you, just say "in writing only" and hang up.

 

Stigman

[jdes26]

I had one

With lloyds heading but with cap quest address

Wierd

Yes and " may" being the keyword

[Nishikigoi]

Stick to a CCA request and a SAR request (best £11 you'll spend), that should be a jab to the kidneys and keep them busy until the SB clock runs out.

 

They will still ask, but at that point you can chill out, I've got an old '3' PAYG sim that pays 5p per incoming minute, they get that number

[Converse]

Do cap quest have a notice of assignment

If not ignore them

Threat o gram

 

Hi jdes26,

 

I've had some strange correspondance from capquest, as follows:

 

Overdraft account:

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

1xletter from bank saying we have sold the account to capquest

1xletter from capquest saying we have bought the account from the bank

 

Loan:

------

1xletter from bank saying we have sold the account to capquest

1xletter from capquest advising of their 'involvement' with the account, no mention of buying it at all

 

riddles!

[Converse]

Stick to a CCA request and a SAR request (best £11 you'll spend), that should be a jab to the kidneys and keep them busy until the SB clock runs out.

 

They will still ask, but at that point you can chill out, I've got an old '3' PAYG sim that pays 5p per incoming minute, they get that number

 

Thanks Nishikigoi - the CCA request is winging its merry little way to capquest as we speak!

 

Interesting about the SAR request, would I send that to the original creditor or to capquest? and also, is there any danger it would be taken as an admission of the debt if sent to either?

[Nishikigoi]

Thanks Nishikigoi - the CCA request is winging its merry little way to capquest as we speak!

 

Interesting about the SAR request, would I send that to the original creditor or to capquest? and also, is there any danger it would be taken as an admission of the debt if sent to either?

 

SAR to OC, there is no admission of debt, just ascertaining the facts.

 

All letters to have at the top "I do not acknowledge debt etc..."

[angel_1]

hiya converse

 

i too have had this company suddenly spring me letters lately, im wondering if you have had any reply yet to your cca request and did you send it signed for delivery or how pls cheers angel x

[Converse]

hiya converse

 

i too have had this company suddenly spring me letters lately, im wondering if you have had any reply yet to your cca request and did you send it signed for delivery or how pls cheers angel x

 

 

Hi angel_1,

 

I haven't had any reply from Capquest yet, I assume I will do shortly, I sent the request signed for a few days ago now. I've also SAR'ed the original creditor. I'll update once I receive anything back, have your dealings with Capquest followed much the same route?

 

Converse

[Nishikigoi]

Little glimmer of light for you, I got a letter from them saying they did not have the paperwork and were no longer persuing (I've posted it here).

[Converse]

Little glimmer of light for you, I got a letter from them saying they did not have the paperwork and were no longer persuing (I've posted it here).

 

Awesome work Nishikigoi, I've sought out and read that thread, makes me feel better about my situation!

 

I feel soooo sorry for Crapquest not being able to enforce these debts

[Converse]

Update!

 

Well first off all Crapquest sent me a standard 28 day hold letter, then that was followed up with a letter purporting to be from the OC saying they want a recent utility bill to verify the address i sent my CCA request from (this is different to the address I took the loan out with and different to the adress Crapquest are chasing ( i've received their letters as my mail is redirected).

 

This says to me that Crapquest dont have a CCA and have simply forwarded my request to the OC, any advice on my next course of action?

 

Thanks

 

Converse

[Nishikigoi]

Was it from the OC, or a reconstruction?

 

Tell them they can post to the old address they have as clearly you are receiving their letter even through forwarding.

 

Then send the 'in dispute' letter on time

 

Update!

 

Well first off all Crapquest sent me a standard 28 day hold letter, then that was followed up with a letter purporting to be from the OC saying they want a recent utility bill to verify the address i sent my CCA request from (this is different to the address I took the loan out with and different to the adress Crapquest are chasing ( i've received their letters as my mail is redirected).

 

This says to me that Crapquest dont have a CCA and have simply forwarded my request to the OC, any advice on my next course of action?

 

Thanks

 

Converse

[PriorityOne]

Update!

 

Well first off all Crapquest sent me a standard 28 day hold letter, then that was followed up with a letter purporting to be from the OC saying they want a recent utility bill to verify the address i sent my CCA request from (this is different to the address I took the loan out with and different to the adress Crapquest are chasing ( i've received their letters as my mail is redirected).

 

This says to me that Crapquest dont have a CCA and have simply forwarded my request to the OC, any advice on my next course of action?

 

Thanks

 

Converse

 

Ordinarily, I'd be tempted to ignore stuff like this but if they know you've moved, there's always a risk that an underhand firm of sols. could issue court papers to an old address. Copying a utility bill is no great biggie to be honest and if you send one, then they can't wriggle around the CCA obligation. Blank out any ref. numbers though... they don't need extra info. like that.

.

[Converse]

Was it from the OC, or a reconstruction?

 

Tell them they can post to the old address they have as clearly you are receiving their letter even through forwarding.

 

Then send the 'in dispute' letter on time

 

It looks to me like it was from the OC, all the addresses, phone numbers etc. seem to add up but I dont quite trust it totally knowing how DCAs tend to work.

 

I might follow it up with a letter as you propose, but i'm inclined to leave it for a bit as I've updated the OC with my new address when I sent them the SAR request. As I know that's gone directly to them with no DCA involvement it'll be interesting to see whether they fulfil the SAR request or if they need to see a utility bill....