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CapQuest threatening to bankrupt me


Lyn62
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Hi everyone,

 

I received a letter today from CapQuest and wondered if anyone could offer me some advice?

 

Long story short,

I had an account with a clothing catalogue around 2007-2008 which I used frequently and without problems.

 

Unfortunately I had to leave work due to illness and fell into financial difficulties and fell further and further behind with my repayments.

 

The catalogue company sent the account to a debt collector who I promptly contacted and offered to pay monthly instalments to.

 

They refused this offer and insisted on full payment only.

 

I couldn’t afford the full payment and over the course of many months I contacted them numerous times to practically beg them to allow me to pay them.

They refused my offer every time.

 

After months of this charade they stopped writing to me and I never heard from them again.

 

Fast forward to today and I now have a letter from CapQuest saying that due to me failing to accept their numerous offers of assistance to help me clear this debt

that they will now be preparing a Statutory Demand under section 268(1) (a) of the Insolvency Act 1986 which will be completed on 29th February 2012 and served on me.

 

They go on to say that if I don’t apply for it to be set aside within 18 days then I may be made bankrupt.

 

I have never received a letter like this before and don’t know what to do.

 

Is this a genuine threat or is it just an attempt by them to intimidate me into paying them?

 

Any advice regarding this will obviously be very welcome.

 

Thanks in advance.

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and stay off the phone!!

 

never ever phone or talk about your debts to a powerless DCA.

 

moved to the cat forum

 

have a read of a few threads here

on reclaiming

you'll soon get the idea

 

name and shame too please

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi,

 

The original debt was roughly £500 and they now want almost £900 to clear the debt. I don't know what charges this consists of as I haven't heard from them in over 3 years and the letter I received today just had the amount on it with no breakdown.

 

Also, there was no PPI involved in this.

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Hi dx,

 

I've finally learnt to stay off the phone to them, I've never come across such rude people before. I've been having a read of the forum this afternoon and will learn as much as I can. I just panicked when I received this letter today and saw bankruptcy but I'm sure that's what the letter was sent to do.

 

The catalogue company is Littlewoods, by the way.

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you have hundreds of £12 or more penalty fees

letter/phone/late/over/debt management/debt advise/its raining

 

EVERYONE of them can be reclaimed + the interest they charges on them.

 

an SAR will be your 1st ports of call to littlewoods

 

dx

  • Confused 1

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Ah right, that's reassuring to know. Whilst I'm sending the SAR to Littlewoods what do I do about CapQuest? Will they just continue preparing a Statutory Demand if I don't contact them or should I write and tell them that I'll be dealing with Littlewoods?

 

Thanks for the advice.

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can you post up that letter

 

it is very very naughty to use the threat or an SD as a debt collection tool.

 

scan the required letters/agreements/sheets

as a picture[jpg] file

remove all pers info inc barcodes etc using paint program

but leave all figures and dates.

 

goto one of the many free online pdf converter websites

it would be better to upload a multipage pdf

than many single ones

or if you have PDF as an installed printer drive use that

or use word and save as pdf

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

NB:you can set where it goes in the post by hitting insert inline.

then hit reply button

dx

 

 

ignore them for now

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Unfortunately I don't have a printer at the minute so I have typed out the letter word-for-word and exactly as it has been written. Is that OK?

 

 

Dear Mrs xxxx

 

In the matter of: CapQuest Investments Ltd –v- xxxxxxxx

Debt purchased from: Shop Direct Financial Services

Balance: £897.86

 

Despite our numerous attempts to assist you to find an amicable solution to settle this account, the balance remains unpaid.

 

Our investigations into your current financial position, based on the information we currently hold, are now complete and it is unfortunate that we find ourselves preparing a Statutory Demand under section 268(1) (a) of the Insolvency Act 1986 which will be completed on or around 29 Feb 12 which will be served upon you.

 

If you do not apply to set aside the Statutory Demand within 18 days or otherwise deal with the demand, as set out in the appropriate notes within the demand, you could be made bankrupt and your property and goods taken away from you.

 

Any application to set aside the demand (form 6.4 in Schedule 4 to the Insolvency Rules 1986) should be made within 18 days from the date of service upon you and be supported by an affidavit (form 6.5 in Schedule 4 to those rules) stating the grounds on which the demand should be set aside. The forms may be obtained from the appropriate court when you attend to make the application.

 

Remember: From the date of service of the Statutory Demand

(a) You have only 18 days to apply to the court to have the demand set aside, and

(b) You have only 21 days before we may present a bankruptcy petition.

 

You can stop this by contacting us now on 0844 248 6669 Lo-call Rates Apply quoting Ref: xxxxx. As one last conciliatory gesture, we are offering you the opportunity to clear this account once and for all by paying a settlement of £496.72. This is subject to you accepting the offer by 29 Feb 12.

 

Yours sincerely

 

 

 

CapQuest Debt Recovery Limited

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get that sar off to get the bal below £750

 

i bet the charges will wipe +50% off

 

and they are giving a discount

 

so something stinks bigtime here

 

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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The settlement which they have offered me - £496.72 - is around the figure of the original debt so, as you say, the rest is simply made up of charges.

 

I'll get the SAR done today dx, thanks again for your help, it's very much appreciated. As is yours cerberusalert.

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