CapQuest chasing 1999 abbey Overdraft - Court Claim Received

[LilMissM]

Ok here is my final draft, if this sounds ok then I'm gonna post it today:

template removed - dx

 

This is how many telephone calls I have had since 30th May:

 

30/05 @ 8.06am

31/05 @ 9.44am

01/06 @ 9.03am

01/06 @ 3.29pm

02/06 @ 12.07pm

06/06 @ 5.28pm

08/06 @ 8.42am

08/06 @ 4.43pm

11/06 @ 9.55am

12/06 @ 9.36am

12/06 @ 8.56pm

13/06 @ 9.44am

 

[Old Cogger]

send to:- Ms A. SIMMS, Quality & Assurance Officer @ capquest, even just a copy of your letter I would suggest.

[LilMissM]

Thanks Mike, have addressed the letter FAO: Miss A Simms x

[LilMissM]

Another quick question.

 

I am posting my letter, as previously shown in this thread today.

 

I am getting an increasing amount of telephone calls from 01252 576 422

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

 

Up to now I have not answered any of the calls, which are coming through as early as 8am and as late as 9pm.

 

Now I have my letter to post to CapQuest, which states I will only communicate with them in writing,

should I answer the next call from this number and if so, what should I tell them?

 

Thank you for any advice given x

 

This is how many telephone calls I have had since 30th May:

 

30/05 @ 8.06am

31/05 @ 9.44am

01/06 @ 9.03am

01/06 @ 3.29pm

02/06 @ 12.07pm

06/06 @ 5.28pm

08/06 @ 8.42am

08/06 @ 4.43pm

11/06 @ 9.55am

12/06 @ 9.36am

12/06 @ 8.56pm

13/06 @ 9.44am

 

 

14/06 @ 9.23am

14/06 @ 8.14pm

15/06 @ 8.23am

15/06 @ 11.15am

 

Starting to get me down now x

[silverfox1961]

Hi

If you do a check om WhoCallsMe this is Telogram who have something to do with Capquest. In the library is a telephone harassment letter.

 

So long as you continue with writing to them, they have to follow your instruction not to call you. This is part of the OFTs Debt Collection Guidance.

 

If they continue to ring you after they have received your letter, this is classed as harassment.

[LilMissM]

Thank you SilverFox. So I should not answer the calls? I am going out to post my letter in a minute so they should have it by early next week. I have addressed it to Miss A Simms (Q&A Officer)

 

I have removed the CapQuest reference and have put in brackets under my name at the bottom of the letter (formerly of...) and my old address x

[silverfox1961]

You don't have to answer anything. It is your phone!

 

If you do decide to answer a call and if it is Telogram, they will likely say they have a parcel (or something similar) and need to confirm your name and address. Don't!

 

If it is Capquest calling, all you do is refuse to answer the security questions and say "In writing only" then hang up

 

You may decide to continue with the call. If you do, I recommend you record their waffle as they will say things over the phone that they would never put in a letter

[LilMissM]

I'm not gonna answer the calls, I'll just keep declining them. Once CapQuest receive my letter next week the calls should stop x

 

They left a voicemail message as follows:

 

"Capquest attempted to contact you today and may try to call you later please contact capquest as soon as possible on 08700843535"

[robcag]

Googling the number and checking the WhoCallsMe results gives CapQuest. I just called the number twice (prefixed with 141) and was answered by CapQuest.

 

If they're calling you on your mobile, can't you block the number?

 

If they're calling you on your landline, do you have caller display? If not, and if you're with BT, you can get it free of charge by joining their 'Privacy at home' service (I think that's what it's called).

 

If you do have caller display you could just save their name and number into your phone then you'll know who's calling without having to remember the number.

 

 

I've got dozens of DCA numbers stored in my phone (only those that have actually called me) and it's a simple matter to ignore the few that still bother to call.

 

If I get a call from a number I don't recognise I don't answer. Then I google the number and there's usually a WhoCallsMe result to find out who it was if it was a DCA (or sometimes a sc@mmer or other unwanted ******).

 

 

Sometimes if a DCA happens to ring while I'm sitting at the computer I can actually google the number before they hang up!

 

Rob

 

PS

 

My previous post was in reference to the 01252 number not the rip-off 0870 one you've just posted.

 

Some other numbers CapQuest have called me from are;

 

01252576300

02084958600

02084958722

 

Rob

[oleg]

When i suggested you remove capquest ac no. i meant from your cag forum post (which they monitor) not from your letters to them.

 

In my opinion you should include that and your current address.

 

If the debt is yours and, regardless of CCA status, you don't have the means to pay,

they may eventually send you a fake statutory demand.

They did me and i ignored it.

 

They then said they'd send someone to my house with a proper demand, then gave up.

 

Then they asked other dca's to chase. I ignored them too. Ignorance is bliss.

 

I think all you need is to stop the phone calls and take action as you've been advised above if they do not cease.

 

Just make sure your letter about phone calls states "and any companies acting on your behalf"

so they don't try to be clever and continue to call you but using their their telogram label.

 

Snide they are, smart they are not.

[LilMissM]

Ok so I have posted my first letter to CapQuest today, sent by recorded delivery. Will let you know when/if I get a reply x

[LilMissM]

My letter has been delivered and signed for at CapQuest offices. They are still telephoning me though (twice today already) x

[robcag]

My letter has been delivered and signed for at CapQuest offices. They are still telephoning me though (twice today already) x

 

It's a bit like the old story of giving an infinite number of monkeys a typewriter and eventually one of them will type the complete works of Shakespeare etc.

 

Only in this case your letter will probably get passed around an infinite number of monkeys until one of them manages to read it.

 

Rob

[LilMissM]

How long should I give them before I answer my phone and tell them to [Go Away] x

Edited June 18, 2012 by ims21
Circumventing Language Filter

[robcag]

How long should I give them before I answer my phone and tell them to [Go Away] x

 

They've had the letter so as soon as you like.

 

You've got various options as to how you treat their phonecalls but whatever you do don't give any personal details or confirm your identity, and don't get drawn into any conversation of their making. You could maybe tell them the first time you answer that you've sent your letter pointing out that they signed for it on xx/06/2012, then tell them you won't be speaking to them on the phone again.

 

Then it's up to you; either don't answer (if you've got caller display) or pick the phone up and just hang up on them, or just tell them to feck off, the choice is yours. Whatever you do don't stress, they're powerless.

 

Keep a record of all their calls (I find MS Excel is an easy way to do that).

Rob

[Wooks001]

The phone calls are obviously causing you a lot of stress, so why not get a new number.

It's inconvenient having to let friends etc know the new number, but atleast the calls will stop.

They will then have no option but to contact you in writing.

[asm76]

That's what I did. DCA calling at all hours and threatening me on the phone even after repeated letters to tell them to stop.

 

I called my provider, told them I was getting nuisance calls and they issued me with a new number.

I've had no more calls since and funnily enough they started writing.

When my mobile contract was up for renewal last year I requested a new number.

I've been threat free for over a year now and I deal with the DCA via letter.

 

Yeah, it's inconvenient having to tell everyone your new number,

but it's a better option than having it ringing at 9pm and waking our baby every night of the week.

On top of that, I get a good feeling that I've had one over this DCA and got exactly what I wanted in the end.

[robcag]

There's always the 'Truecall' device if you can afford it, highly recommended by CAG(gers), see this thread for example;

http://www.consumeractiongroup.co.uk/forum/showthread.php?225331-Truecall&highlight=truecall

 

I'm not sure what the present price is on CAG or elsewhere, but beware some of the cheaper outlets might not include the recording card (according to the thread). I believe there may be other devices which may do a similar job, but I recall the Truecall device used to be acclaimed as the best.

 

Personally I'm quite happy to just let the vultures call and for me to ignore the call (aided by having a good collection of DCA name/numbers stored in the phone from previous unanswered then googled calls).

 

IME, probably the DCA with the most numbers has been Fredrickson with at least 11 numbers, so it's best if you have plenty of name / number storage capacity (my cordless with only 50 was filled long ago, but my other corded phones have a capacity of 200).

 

Rob

[LilMissM]

I have received a letter back from CapQuest and have scanned it to my laptop but am not sure how to attach images? x

[renegadeimp]

You will need to convert the image to a PDF and upload it here, or you will need to use an image hosting site then link the image.

[LilMissM]

Here is the letter received from CapQuest today:

 

"Debt Purchased from: Abbey

Balance: £1133.20

 

Thank you for your recent correspondence.

 

CapQuest can confirm that Section 74 of the Consumer Credit Act 1974 states that an overdraft on a current account will not fall within the documentation requirements of the Consumer Credit Act. Therefore we are not obliged to provide a copy of the agreement for the above account. We return your £1.00 fee.

 

We can confirm that we have requested statements for the above account and these will be forwarded to you when received.

 

Please find attached a copy of the notice of assignment.

 

Yours sincerely,

 

Jane Cubberley

Collections Admin Dept"

 

Attached to that letter is a copy of this letter:

 

"We hereby give notice of the transfer of the debt due to us from you in respect of the balance outstanding as at the 27th May 09 on your Abbey Banking Account. The balance due as at the date of this letter is £1523.20.

 

On 03 july 09 your account was sold (by way of assignment) to CapQuest Investments Limited who has appointed one of their group companies, CapQuest Debt Recovery Limited to manage your account on their behalf.

 

We will shortly send a statement of account to you. All further communications concerning that statement or any other matter relating to your account and all payment must be addressed to CapQuest Debt recovery Limited.

 

Yours sinceerely,

 

Sarah Marshall

Senior manager - recoveries"

 

Any advice on what I should do next?

I'm not trying to shirk out of paying this debt,

my problem is that I simply cannot afford the £25 a month they were taking from me.

 

 

At the moment I can probably only afford £10 a month.

I work 31 hours a week at just above minimum wage.

My rent is £412 pm,

council tax £79 pm etc.

 

 

I am really struggling financially at the moment to just survive

 

The annoying telephone calls have stopped (thank god!) x

[citizenB]

Unsecured and low priority debts should be paid pro rata your disposable income.. Not a sum demanded by the creditor who shouts the loudest.

 

I suggest you a) sort out a budget using the budget sheet attached..

 

Ellens Budget Sheet.xls

 

or b) have a read of the following and perhaps contact one of the agencies mentioned. You should only be making an offer in line with sustained affordability.

 

 

If you are experiencing difficulty in repaying your debts, CASHflow is a way for you to negotiate affordable repayments with your creditors. Before you can use CASHflow, you must have spoken to one of the free advice agencies licensed to offer CASHflow to their clients. The advice agency will start by talking to you about all of the options available, and can help you to decide if CASHflow is the right one for you.

 

If you decide to use CASHflow, you will be provided with all of the tools you need to be able to complete your own financial statement and negotiate offers of repayment with creditors yourself. This will enable you to stay in control of your situation, but still have support from an adviser at any stage if you need it.

 

You can contact a local advice agency to check if they offer CASHflow. You can find a list of free advice agencies that are near to you by searching for a money adviser in England or Wales, Scotland, or Northern Ireland.

 

Alternatively, you can call National Debtline on 0808 808 4000

CASHflow: http://www.cashflow.uk.net/

National Debtline: http://www.nationaldebtline.co.u k/

https://www.mymoneysteps.org/

Also as highlighted in the CAG newsletter...

There is the new CAB system that might also be worth a look, this system saves all your details, has guidance allowance figures to work with if you wish and you do not need to be invited / signed off etc with this system, just log in and away you go (see below)

 

(Also, there are a number of other self help tools and systems around so might be worth a little exploration if this is what you eventually decide on.)

 

http://mymoney.nedcab.org.uk/moneyadvice/

 

http://mymoney.nedcab.org.uk/moneyadvice/ (example of completed dmp)

 

This is an overdraft, yes ?

[LilMissM]

Yeah it looks like it's an overdraft. I honestly can't remember when it is from though

so will take their word that it is from the dates they are saying.

Thank you for the budget sheet, gonna have a look at it now x

[LilMissM]

I have today received a letter from CapQuest as follows:

 

"Further to your recent correspondence and in order to process your communication further, we would request you provide the following information by 19th August to assist us in resolving this matter: Details of residence at time this account was opened: 30/04/1999. Your assistance would be greatly appreciated. Please note that this is not a demand but a request."

 

Surely they would already have this information? x

[citizenB]

I have today received a letter from CapQuest as follows:

 

"Further to your recent correspondence and in order to process your communication further, we would request you provide the following information by 19th August to assist us in resolving this matter: Details of residence at time this account was opened: 30/04/1999. Your assistance would be greatly appreciated. Please note that this is not a demand but a request."

 

Surely they would already have this information? x

 

Hmm, yes you would have thought so. Give me a few moments to read back over your thread