CapQuest chasing 1999 abbey Overdraft - Court Claim Received

[dx100uk]

that's why they did it

ok so you've a reasonable idea of the address they are after now then?

[LilMissM]

I think so.

 

I have a street name and postcode but no house number.

I don't even know what years I lived at that address for.

 

And now that I have this court judgement thingy against me,

bailiffs are a very real threat,

something I have dreaded from day one.

I just don't know what to do for the best.

 

This has been going on for so long now and I am in a worse position than when it all started (with CapQuest).

 

I don't know how I would be able to find out where I lived in 1999.

Why don't the bank or CapQuest have this information already?

 

I'm just going round and round in circles and now this,

having to write to them again with an address that I might have lived in in 1999.

Why can't they talk to me on the phone?

 

I explained my medical history.

But no, has to be in writing.

 

What if that address isn't the right one?

Where do I go from there?

More letter writing and more time for the bailiffs to arrive at my door.

 

And I'm sorry for swearing in my previous post x

 

I honestly feel like I'm tied up in knots

[dx100uk]

they need the address for data protection issues..

 

on a side note

did you follow and read the full sar thread? and include a copy of your current CTAX bill

to prove who and where you are now when you sent it?

 

as for bailiffs

yes I know its one of your pets worries.

 

well forget it.

this is a CIVIL DEBT.

 

any bailiffs that could ever get involved

have no right of entry whatsoever

and can safely be ignored.

 

if its a county court bailiff

they are on your side and will help you

 

if the claimant gets the High Court lot

you can also laugh at them.

but neither will/can happen anyway

as your N244 stop any further action till the set aside is resolved.

[LilMissM]

I did not enclose a copy of my current CT bill with the original letter,

I will send one with the letter tomorrow.

 

What is an N244?

Is this something I should have done?

 

Is this the thing with the £200 fee or something like that?

If so, I haven't done one of those because I don't have £200 spare.

[dx100uk]

the set aside will stop things progressing

as with andy

I've not heard of it being done via MCOL.

 

 

the lack of response to the SAR

might well be because to date they cant verify you.

that's why if you rea the SAR thread

and you have moved

we recommend proof of now

like a CTAX bill copy.

[LilMissM]

today received the documents from Santander.

There are 16 pages in total,

some showing screenshots and a few which looks to be a kind of bank statement type of thing.

The last time I personally used the account was on 11/04/2007 and the account was closed with the description "Account closed contact collections and recoveries" on 13/12/2007 with a balance of £1523.00.

There is nothing regarding CapQuest and no further action on the account after 2007.

There are no letters to say the account is being sold to CapQuest

and no letters from CapQuest to the bank.

it looks like nothing happened between 2007 and 2011,

when I started paying CapQuest as per my original post.

[dx100uk]

and your last use in 2007 was?

so not looking like it was statute barred before they issued the claim.........?

so resit right back to the original thread start..

the debt is mostly bank [penalty] charges that tried to reclaim but gave up on..

any data to support that?

as you need a defence to support the set aside?

dx

[LilMissM]

The last use by myself was a cash withdrawl from a cash machine.

The next entry is "Account closed contact collections and recoveries".

And yes I do believe it is bank charges, that rings a bit of a bell with me.

As it is now looking like the account wasn't SB'd and I do owe the money

I am going to contact them to offer a payment of £100 per month.

I do not want bailiffs coming to my house,

especially now I have my recently blinded brother living with me,

I simply can't handle that kind of stress.

My question to you is,

should I contact them by telephone or put it in writing or email?

And do you think £100 a month is a reasonable offer?

[dx100uk]

bailiffs?

where'd that idea come from?

so how is the set aside going?

whats the latest on how this stands legally ?

[LilMissM]

I just want to pay it off. I need it off my back, it's really making me ill

The set aside, yeah I haven't done that.

Completely forgot about that.

I'd actually forgotten about all of this to be honest.

My brother has lost his eyesight and came to live with me recently so that has taken over everything.

It was only when he asked me last night how this particular issue was going that I remembered,

"Oh yeah, I still have to deal with that"

I'm assuming it is now too late to do the set aside?

And even if I do manage to get it set aside,

what's the point if I'm still just going to have to pay it back?

[dx100uk]

since you got the letter of judgement

have you had anything from anyone else chasing payment?

[LilMissM]

Nothing

[dx100uk]

well on historic charges reclaiming + interest

£1283.20 and a bit

is not actually too much too diff to amass

 

can yo not have a scan thru the statements from day one

and tot up the fixed sum [£30.£20 etc] penalty charges [Fees] they have levied ?

see what you can find

[LilMissM]

Ok this has got me even more confused now!

 

I have gone through the statement that they have sent me

, which starts at 31/12/2006 and ends at 13/12/2007

 

I have added up all the "Unauthorised overdraft charges" and the "Unpaid direct debit charges" and it comes to a total of £420.

 

There are other fees such as interest charged while account overdrawn which range from £4.81 to £19.52

[dx100uk]

Have you not got statements from 1999 is it when this opened?

 

Your doing good

Sadly you can't reclaim the int

But

Once in our spreadsheet that will calc it back on them for you

 

Keep going

[LilMissM]

No

all they have sent me is a few pages of transactions and some screenshots of their system which don't show dates or anything so don't really mean anything to me.

Is there any way I can send you images of what they have sent?

You might be able to make more sense of it than me.

Sorry for being a bit thick

[dx100uk]

Is there anything in the sar that relates to your charges complaint years ago?

Have you got anything on say an old PC somewhere?

Is there anything on cag under a previous username

You've forgotten?

[LilMissM]

There is nothing in the paperwork they have sent me that relates to a charges complaint, only what I have written already.

 

Back in 1999 I didn't even know how to use a computer so sadly there isn't anything stored there.

 

I did have another username on here, LilMissMoosh,

but I think one of the Site Team either merged the two accounts or just closed the LilMissMoosh one.

 

It's hard remembering things and the more I try to remember, the harder it gets

[dx100uk]

no you are correct usernames were merged and your old posts are here under your present username and in this thread

 

it was just I was puzzled

 

you joined cag in 2006 but have no posts prior to 2012..weird.

 

I was trying to find any post relating to the reclaim you started

but cant find any.

you must have done the reclaiming post 2006 as you did it with info from cag

so was wondering if you are on the same PC or still had it many have with docs hidden

i'm trying to guage what figures you came up with then

[LilMissM]

Yeah that sounds about right.

I had my first brain haemorrhage in 2007 and that took me 2 years to recover from.

Then I had a few years of stressful events, so my first post being in 2012 does sound about right.

I don't think I have ever posted anything regarding this debt in another post somewhere.

I think the first time I mentioned it was the beginning of this thread when I needed help/advice.

Sorry, I feel like I'm not being at all helpful here

[dx100uk]

how did you go about the reclaim that failed in the early days?

you must have done some documents and or calculations or letters then

even if you just read cag to get the info.

obv you used a PC to do it

do you know which machine and if it still exists?

[LilMissM]

I don't remember doing a reclaim, what would that entail? It was so long ago. The only things I have are what Cap Question have sent to me and then their solicitors etc

[dx100uk]

go back and read the first 12 say posts of this thread it might jog your memory

[LilMissM]

Having heard nothing since the court judgement thing,

I have today received a 'Statement' from CapQuest with a letter attched explaining that under the terms of the CCA they are required to send me regular statements detailing any activity on my account.

I'll receive one statement every year whilst the balance remains outstanding.

Details on the statement are:

Type of account: Bank Account

First movement on account: 30th April 1999

Amount of credit: Your agreement was terminated on 10th November 2007, so your credit limit is £0.00

Then it goes on to show 'Adjustments' in April and May 2016 which show a total of £194 being added to the original balance.

[dx100uk]

legal costs?

but doesn't matter

its not after payment