CapQuest chasing 1999 abbey Overdraft - Court Claim Received

[LilMissM]

I have been repaying an old debt through CapQuest since about January 2011,

paying £25 a month (which is quite a lot of money for me at the moment as I am in a just over minimum wage paid job)

 

I had to cancel some of my direct debits for May because I have had some time off

due to three deaths and having to move house,

 

my wages this month weren't very good and I would've gone over my overdraft

and incurred bank charges which I simply can not afford.

One of the direct debits I cancelled was the CapQuest one

 

this morning at 8.01am I received a phone call from this number 01252 576 422.

I didn't answer it but Google'd it instead and found that it is something to do with CapQuest

obviously miffed at me for cancelling the direct debit and trying to get hold of me.

 

I cannot cope with constant phone calls off these people at the moment,

I am fighting hard to NOT have a breakdown with all the stress I have had this year

 

If I phone CapQuest can I say to them that £25 is just too much money for me at the moment

and as that they take a smaller amount until I am in a position to pay more?

 

 

The debt I owed was from years ago and was bank charges

that, at the time, I disputed and refused to pay.

 

I don't even know how much the debt was for

(I had a brain haemorrhage in 2007 and my memory of events

before that date is shockingly bad, as is my short term memory).

 

I am at a very very low point right now, there has been a lot of death

and upset just in the first five months of this year a

nd I really do feel that anything else which could add to the stress

will simply tip me over the edge.

 

I know it's my own fault for cancelling the direct debit and I am not saying I am refusing to pay it,

I just need some help on paying it a bit less than £25 a month until I'm better placed financially to pay more.

 

Please can anyone give me any advice on what I can do next?

 

CAB maybe? x

[rebel11]

Hi lil

 

Welcome to CAG

 

Paragraphs created.

 

The guys will be happy to advise as soon as they are available.

 

Please let us know how your problem has been resolved, it could help fellow Caggers.

 

Thread has been moved to the correct forum.

[LilMissM]

I think the debt was for about £1,700 or around about there.

 

If possible I don't want CapQuest to have my new address either

 

(this flat is my only sanctuary at the moment), phone number should be enough.

Will I have to give them my new address? x

[rebel11]

Hi lil

 

Have a read of 1,2,3,4 and 7 in my signature.

[LilMissM]

Thanks Rebel

Am going to have a proper read of them now.

 

 

Quick question though, does it make a difference that I have already been paying the old bank charges back?

 

Also,

if I start writing to them asking them for information etc,

I will have to give them my address won't I?

 

Would I be better asking the CAB to do this and see if they can find out if I even have to pay this debt back

as it was so long ago (it was easily over 6 years ago)

 

or let them come to a reasonable amount I can actually afford each month?

Or is there a way I can do all of what needs to be done myself

without letting CapQuest know my new address?

 

I've just been reading some other threads about bailiffs and debt collectors turning up at people's doors

and I'm horrified at some of the things they will do.

 

I couldn't cope with something like that, not right now x

Edited May 30, 2012 by LilMissM

[asm76]

If you want to deal with it you're going to have to let them have your address. What is your concern about them having it?

[silverfox1961]

Hi

My immediate thinking is to WRITE to Capquest with your new address (you don't want them getting a CCJ by the back door do you!) and demanding they remove your phone number from their system. So long as you communicate with them in writing and don't avoid them, they must comply. With phone calls, they can say what they like as most mortals don't think to record their drivel. In writing, they can only speak the truth (or their version of it).

 

As you say in your first post you are not sure what the debt is, ask them to supply the proof of this debt. You will be surprised how many people we see who are being hounded for debts that aren't theirs.

 

Once you have ascertained the facts and it IS your debt, offer £5 a month (or less). What can they do? NOTHING without going to court.

 

Your home, your ESSENTIAL bills take priority over any DCA

[asm76]

Exactly! The best thing is to have everything in writing. Speaking to them on the phone is the worst position you can be in.

[LilMissM]

 

My concern with this is if they send people round to my house, I could really just do without the stress of that at the moment.

 

 I will write to them asking them to provide me with proof of this debt.

What letter from the templates database should I use as my initial communication with them?

[silverfox1961]

As your situation is slightly different from the norm, I would use the 'prove it' letter which is in the library (top left) but only as a starter. I feel you would have to personalise it to your particular situation.

If we had template letters for every scenario, the forum would be just letters

[asm76]

My concern with this is if they send people round to my house, I could really just do without the stress of that at the moment.

 

They won't send anyone round your house!

[LilMissM]

Thank you everyone for all your advice so far.

 

I was tempted to just contact CapQuest by telephone and make new arrangements to pay the debt,

 

I think I would like to try and get more information on the debt, amount, etc.

 

This is the letter I am going to send to CapQuest (amended before sending of course).

Is this the correct letter to send?

 

I have never received anything from CapQuest with any information on the debt

and only had dealings with a man called Alaistar McCloud on the telephone,

which was only to discuss HOW much I would be allowed to repay each month.

 

I don't even know the account or reference number. God I'm stupid

This is what shows on my bank statement, should I use this reference number?

 

DIRECT DEBIT PAYMENT TO CAPQUEST INVESTMEN REF [EDIT]

 

The debt was for bank charges which at the time I argued and disputed and, subsequently refused to pay. It wasn't a loan or credit card, just unfair (in my opinion) bank charges x

 

I'm not even sure if that is the correct amount

 

I have no paperwork relating to this debt (I am only really guessing that it's bank charges

as that's the only thing I can remember accruing from years ago

 

 

since my brain haemorrhage I can't remember about 70% of my life prior to the brain haemorrhage)

 

really I just wanna ask CapQuest to provide me with details of it but I don't know how to word the letter. x

[silverfox1961]

Now, this is just my opinion. Others with say different (the joys of a forum), sending a CCA request is tantamount to saying, 'yes this is my debt but I want you to prove it'

 

There is a 'fair' chance this is your debt but as you say, you have no real memory of it so your letter would include something along the lines of

 

'It has come to my attention that there may be a discrepancy with this debt therefore, I would like you to supply me the proof that this is my debt. It matters not that I have been making payments but because of a brain injury, I wasn't sure' -- you get my drift?

 

I think something like that informs them of your situation and allows you a get out if it turns this isn't your debt. Once they have 'proved' beyond doubt that this is your debt, we can help get charges (if any and what type) returned or reduced from the debt itself

[Old Cogger]

Request to: Ms A. SIMMS Q & A Officer at Capquest.

[LilMissM]

Yeah there is definitely a good chance that this IS my debt and I am not trying to shirk out of paying it back, but at the moment I just cannot afford £25 a month and now curiosity has gotten the better of me and I'd like to know more details of what the debt actually is. Thanks for the advice on wording my letter Silverfox x

 

Who is Miss A. Simms? Is this the person I should address my letter to? x

[Old Cogger]

Yes, Quality Officer.

[LilMissM]

Thank you   x

[Old Cogger]

could just challenge Capquest to prove it? there is a letter somewhere on CAG for this I believe, save £10.00 as the onus be on them?

[silverfox1961]

Yes there's the prove-it letter in the debt collection library but the OP has been paying so it's not an unknown debt.

 

That is true but the OP accepted CQs word that the debt was hers as she couldn't actually remember it due to the brain injury which is why I put the sentence above.

 

If this debts turns out to be hers then no harm done BUT if it transpires that this isn't her debt then we can move forward

[Old Cogger]

overdrafts not under CCA1974 has been said on this site.

[robcag]

Not strictly true. They might not come under ss 77-78 regarding requesting an agreement, but they do come under the CCA 1974. And they only get exemption from falling under a properly executed agreement if the creditor can show they have complied with the conditions laid out in the 'Determination' made by the Director of Fair Trading as per Coutts v Sebestyen.

 

Rob

[LilMissM]

Thank you everyone for all your advice so far.

 

 

Here is the letter I am going to print and send to CapQuest,

let me know what you think and if there is anything I should change or add:

 

 

template removed - dx

[LilMissM]

I have been going through some old paperwork and have found the only written correspondence

I've ever received from CapQuest which is confirmation of setting up the direct debit.

 

It says "Debt Purchased from: Abbey" and "Amount o/s £1483.20"

and I keep getting phone calls (several times a day sometimes) from the same number,

which I believe is CapQuest or someone acting on their behalf.

 

This is the only information I have on the debt, don't know when the debt is from or when CapQuest took it over.

[silverfox1961]

That's OK, I just wanted to make sure.

 

The letter looks OK but I would note that they are unlikely to send a DEED of assignment as that is the deal done with the Original Creditor and them. What they would send (IF they have a copy) is the NOTICE of Assignment but it does no harm asking for the deed.

 

What you also need is the terms and conditions from inception of this account plus ALL variations during the life of the agreement.

 

I wouldn't hold your breath expecting them to supply within 12 WORKING days. There is now no penalty for them being late.

 

I would also put in your letter that you want them to place a hold on collections activity until the query is resolved. As they are ringing you I would state that you want to deal with this matter in writing only. You will maintain contact by this method so they then have to stop ringing you. If they continue rining once thy have received the letter, they are then in breach of the Office of Fair Tradings Debt Collection Guidance and should be reported if they do.

[LilMissM]

Thank you SilverFox, your advice is greatly appreciated. I'll get the letter sorted as soon as I'm home and will repost it one final time just to make sure it's good to go x