CapQuest chasing 1999 abbey Overdraft - Court Claim Received

[renegadeimp]

They get away with it because nobody bothers to report it as it is very hard to prove.

[LilMissM]

It has been a while since last writing in this thread but

 

today I have received a letter from a company called Past Due Credit Solutions saying they have been appointed by CapQuest to recover the outstanding amount.

 

Seems to be a fairly standard looking letter which gives me options on how to pay the amount.

 

I remember somewhere in this thread someone said that by November of this year the debt will be statue barred or something?

 

Any advice on what to do regarding this latest letter would be greatly appreciated.

 

I haven't heard a thing from CapQuest in months then all of a sudden this letter appears today.

 

x

[dx100uk]

PDC can safely be ignored.

dx

[LilMissM]

Thank you dx100uk xx

[LilMissM]

Hi everyone, I had hoped this situation had died given that I have had no correspondence (save for a few phone calls which I have not answered) from CapQuest since my last post in August last year. But today I received the following letter:

 

Dear XXXXXXX

 

We need to discuss your account.

 

Account Purchased from: XXXXXXXX

Account No: XXXXXXXX

How much you owe: £XXXX.XX

 

We’ve written to you in the past to talk about your outstanding balance. Unfortunately you’ve not resolved your account. Our next step is to send your account to a specialist collection partner for further action.

 

How to stop this action:

 

To avoid this action you need to contact us by 16th September. We can work with you to reach a repayment plan that you can afford. We’ll only take further action if we can’t reach a solution with you. To explore your options:

 

Call us on 0333 999 7201. Your operator standard charges appy.

Email us on [email protected]

Write to us at Templer, Templer Avenue etc

Visit our website

If you want to seek free independent advice, you can find further details overleaf.

 

We look forward to hearing from you. We’re here to help.

 

Your sincerely,

 

Collections Department

 

What should I do?

This has been going on for so long now I cannot even remember when it all started

 

Should I just contact them and make arrangements to pay or should I take another course of action?

 

It seems that they are not giving up and just when I finally feel like I'm regaining some kind of financial control over my life,

 

the above letter arrives and I feel like I'm back at square one

 

Any help and advice would be very much appreciated.

 

x

[dx100uk]

simple willy waving

 

 

IGNORE THEM

 

 

dx

[LilMissM]

Hahaha "willy waving" that made me laugh Thank you dx.

 

 

What I am worried most about it them sending people round to the house,

that would just stress me out too much and stress is not good for my current health state x

[dx100uk]

forget not the golden rule

 

a DCA IS NOT A BAILLIFF

 

and has

NO SUCH LEGAL POWERS.

 

doorsteppers Dca are the same

 

go away or i'll call the police

 

end of!

 

 

dx

[LilMissM]

I am still getting random phone calls from CapQuest asking me to ring them.

No new letters have come to my house and I have just ignored the phone calls.

 

 

Is this going to go on forever?

They don't seem to be giving up! x

[dx100uk]

Theyll always try to catch a mug out

 

Dx

[LilMissM]

So just keep ignoring them yeah? x

[intend]

Please keep ignoring them.

 

Do you know when the debt will be SB??

[dx100uk]

going from the start of this thread a few years yet

because the OP was blindly paying them...

 

it was an abbey current account with overdraft

which is 99% charges

 

I think the main thing is

sadly

the op was encouraged over 3yrs to keep stupid letter tennis going.

so they think a mug still awaits fleecing.

 

time to ignore them

until/unless they issue a claimform

 

dx

[LilMissM]

Hi again I have today received the following letter from Drydensfairfax Solicitors:

 

"Dear Madam,

 

We are instructed by out client, CapQuest, to commence legal proceedings against you in the county court if you do not provide proposals for repayment of this debt within 14 days of the date of this letter (29th Feb).

 

It is not too late to stop the claim being issues. Please call us and we'll discuss an affordable arrangement with you, we won't ask you to pay more than you can afford. Alternatiely you can email collections or wtite to us at the address below. If we do not receive clear proposals to pay this debt by 14th March a claim will be issued.

 

We are required by court rules to provide you with certain information prior to issuing proceedings:

 

The claimant will be CapQuest who own the account.

We will tell the court that you made a credit agreement with Santander Group bt failed to repay it. We will explain that your account was then sold to CapQuest.

The claim will be for the outstanding balance on your account £xxxx.xx.

If you disput the claim, we are willing to try to resolve that dispute without going to court and we will be happy to discuss this with you or your representative.

We think it is reasonable to ask you to respond to this letter by 14th March. If you need longer please let us know.

If you don't comply with the Practice Direction which will be provided by the court to you, the court can impost sanctions against you and this may increase your liability costs.

You can make payments in a variety of eans that are show on the back of this letter.

If you need advice about this letter you should seek independent legal advice.

 

Please do not hesitate to contact us if you would like to discuss this matter."

 

I have only just returned to work (last week) after suffering a second brain haemorrhage in October last year. I am on reduced hours and am being monitored by the neuro hospital for life. My health is not too good and I am trying to not get stressed out about this, but I really don't know what to do about this now.

 

Any advice would, as always, be extremely appreciated, I feel like this is a weight around my neck x

[AndyOrch]

Wait for the claim form...and we will take it from there.

 

Andy

[LilMissM]

So don't reply to this letter? My biggest worry is that they'll send bailiffs to my door x

[dx100uk]

how can they do that?

its not even been to court

and you've not lost

and refused to pay.

 

 

a DCA is NOT A BAILIFF

and never can be

 

 

that's a std threat-o-gram

read it properly

doesn't say will anything

[LilMissM]

Thank you andyorch and dx100uk. This site always puts my mind at ease. I shall wait for the claim form and check back in with you x

[dx100uk]

we'll be old and grey first

and pigs cant fly me thinks

[LilMissM]

Wait for the claim form...and we will take it from there.

 

Andy

 

Ok so the claim form arrived today...

[AndyOrch]

Thread moved to the Financial Legal Issues.

 

If you could read the following link LilMissM and then copy and paste your responses back here

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**

 

Andy

[dx100uk]

did you ever get that sar sent to Santander

and get ALL the statements.

I now suspect that this debt was already statute barred when you started paying

the DCA all those years ago

before that, when was your last payment to abbey was.

[LilMissM]

Name of the Claimant ? Capquest Investments Limited

 

Date of issue - 25 March 2016

 

 

Date to file defence = 26th April

 

What is the claim for – the reason they have issued the claim?

 

1. The claim is for the sum of £1,283.20 in respect of monies owing by the defendant on a credit agreement held by the defendant with Santander Group under account number XXXXXXXX upon which the defendant failed to maintain payments.

 

2. A default notice was served upon the defendant and has not been complied with.

 

3. By virtue of a sale agreement between Santander Group and the claimant, the claim vested in the claimant who has a genuine commercial interest. The defendant has been notified of the assignment by letter.

What is the value of the claim? £1283.20

 

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Overdraft I think

 

When did you enter into the original agreement before or after 2007? No idea

 

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt purchaser I think.

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? I have no such document.

 

Did you receive a Default Notice from the original creditor? Not that I can remember.

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No

 

Why did you cease payments? I cannot remember.

 

What was the date of your last payment? I cannot remember. I think sometime in 2012 maybe.

 

Was there a dispute with the original creditor that remains unresolved? I think so.

 

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt management plan? No debt management plan that I can remember.

[LilMissM]

I have a letter from Capquest dated 8th March 2011 thanking me for setting up a direct debit

and the date of the first collection was 27th March 2011.

 

I also have a copy of a letter from Abbey dated 14th July 2009

saying that on 3rd July 2009 my account was sold (by way of assignment) to Capquest

(the copy letter was given to me by Capquest.)

 

Their letter dated 12th July 2012 states

 

"We can confirm that we have requested statements for the above account

and these will be forwarded to you when received."

But I never received them.

[dx100uk]

post 59 says:

 

 

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

 

I am wondering if you paid anything off this debt in the 6yrs preceding 27th March 2011

cause if you didn't the debt was statute barred before you started paying CQ then

and ofcourse will still be SB 'd now, regardless to your payments from 27th March 2011

 

on the offchance

id got ring Santander tomorrow and ask.

cause if they have no data

then bottom dollar CQ wont be able to prove its NOT sb'd