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Capquest & Old Debt


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I had a loan with Intelligent Finance which I defaulted on regularily from around May 2003 as I couldn't afford the payments and rather than face up to it and sort it I buried my head in the sand. IF haven't contacted me in years, probably as a result of me moving house repeatedly over the last 3 years due to work.

 

I've recently(over the last 9 months) been attempting to clear off all my old debts. Capquest got in touch with me around July of last year and were pretty heavy handed at first..I gave them the run around for a while as they were seriously rude whenever I spoke to them and rang me continually every day 3 or 4 times a day.

 

Eventually I spoke to one of the girls that phoned me and agreed a payment plan which I've essentially stuck to(some payments have been a couple of days late). However I read a story about someone who Capquest chased for a debt which it turned out had been written off. I've given them almost £2300 in the last 9 months(still owe almost £3500).

 

I've seen a letter on here asking for proof of the debt. Would I be able to send that to Capquest now? If they didn't send me proof of the debt would I be able to reclaim the £2300 that they've taken from me so far?

 

Any help appreciated.

Me Vs RBS

Data Protection Act sent 25/09/06

Statements recieved 04/10/06

Prelim sent 06/10/06

"Sod Off" letter recieved 12/10/06

LBA sent 26/10/06

 

Me Vs Crapquest

CCA sent 06/10/06

Acknowledgement letter recieved 17/10/06

12 working days up on 26th October - Waiting for the required calendar month before further action

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This isn't really an old debt and while Capquest may appear to be acting unreasoably in calling you 3/4 times a day and being rude they could justify that by your actions too.

 

You could write to Capquest and ask them for a copy of the signed, true copy ofthe credit agreement and proof of their entitlement to chase you for this money plus a statement of account. If they fail to provide it you are in quite a strong position to offer them a full and final offer of considerably less than you owe - say 10-15%. This would be on the basis of "well you don't have the documents so p*** off but I'm being reasonable"

 

If they do have the paperwork and provide you with copies you could still make them an offer but it would need to be higher, 50-60%, and Capquest then may turn it down.

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Thanks for that.

 

Think I'll butcher one of the letter templates on the site and send it off. It's not that I'm trying to get out of paying it *but* they are seriously annoying, even though I've been making payments they still call me at least once a month asking for a full settlement..usually the day after I've made a payment *rolleyes* I've not even been given the option to put a smaller more manageable payment in. It was this or court supposedly..something I now realise isn't true.

Me Vs RBS

Data Protection Act sent 25/09/06

Statements recieved 04/10/06

Prelim sent 06/10/06

"Sod Off" letter recieved 12/10/06

LBA sent 26/10/06

 

Me Vs Crapquest

CCA sent 06/10/06

Acknowledgement letter recieved 17/10/06

12 working days up on 26th October - Waiting for the required calendar month before further action

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If you think you're paying too much each month you should write to Crapquest stating as much - don't do it on the phone, you need a paper trail. Enclose an income and expenditure statement which will show you really can only afford £so much.

 

State clearly if the offer is refused you will pay only that sum anyway and if they feel strongly about it they could take you to court.

 

This is something that Cquest and others will not do because a) it will cost them money upfront and b) a judge will only order you to pay what you can reasonably afford. If this is less than what you are offering then so be it. Crapquest would then also be prevented from hassling you for more money because the amount could only be varied by a court. If they try to hassle you that would be contempt and they would face the wrath of a judge.

 

What everyone must remember is that the debt collectors really have very few options other than to bully and harass and will run a mile from court action.

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Sorry..one other question. If I send them the letter asking for a copy of the agreement and proof of entitlement and they don't give me it would I be able to say something along the lines of, you'd had £2300 and thats all you're getting or would I need to give them as you said before another 10-15% of whats left? If so I'll have paid them almost 50% when they weren't actually entitled to it...

Me Vs RBS

Data Protection Act sent 25/09/06

Statements recieved 04/10/06

Prelim sent 06/10/06

"Sod Off" letter recieved 12/10/06

LBA sent 26/10/06

 

Me Vs Crapquest

CCA sent 06/10/06

Acknowledgement letter recieved 17/10/06

12 working days up on 26th October - Waiting for the required calendar month before further action

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Sorry..one other question. If I send them the letter asking for a copy of the agreement and proof of entitlement and they don't give me it would I be able to say something along the lines of, you'd had £2300 and thats all you're getting or would I need to give them as you said before another 10-15% of whats left? If so I'll have paid them almost 50% when they weren't actually entitled to it...

 

if they can't provide you with the true signed copy the debt would become unenforceable. you could refuse to pay anything else and claim that the debt is in dispute, however you need to consider that it would only be unenforceable until they find the agreement. also,by offering a full & final settlement you can have the debt shown as settled on your credit file

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read my thread most of your answers shoudl be there (link in signature)

 

also check out Grumbletext, UK consumer complaints - post online and via SMS text message! and search CapQuest - theres a huge thread there about these cowboys!

People who haven't made mistakes, haven't made anything!

 

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Yeah, you're case seems similar to mine. Going to post the first letter tomorrow asking for the original contract and see what happens. Going to ask them to put my account on hold until this document is provided.

Me Vs RBS

Data Protection Act sent 25/09/06

Statements recieved 04/10/06

Prelim sent 06/10/06

"Sod Off" letter recieved 12/10/06

LBA sent 26/10/06

 

Me Vs Crapquest

CCA sent 06/10/06

Acknowledgement letter recieved 17/10/06

12 working days up on 26th October - Waiting for the required calendar month before further action

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Have sent a CCA letter. Lets see what happens now...

Me Vs RBS

Data Protection Act sent 25/09/06

Statements recieved 04/10/06

Prelim sent 06/10/06

"Sod Off" letter recieved 12/10/06

LBA sent 26/10/06

 

Me Vs Crapquest

CCA sent 06/10/06

Acknowledgement letter recieved 17/10/06

12 working days up on 26th October - Waiting for the required calendar month before further action

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  • 2 weeks later...

Okay I've had back an acknowledgement letter stating my account is on hold for 28days.

 

I also recieved another letter with my account balance and a list of the last 5 transactions on it, in no way a full and frank summary of my account.

 

I added this line "I would also request a statement of my account detailing any outstanding balance and a summary of all payments which have been made." to the CCA letter. Can I reply back and re-iterate that I do require a full summary and would my right to that information come under the Data Protection Act which I think it would?

 

Also according to the statement they're charging me interest on my account of almost 25% of the payments!! Something that was never revealed to me and another reason I want a full statement.

 

Any advice??

Me Vs RBS

Data Protection Act sent 25/09/06

Statements recieved 04/10/06

Prelim sent 06/10/06

"Sod Off" letter recieved 12/10/06

LBA sent 26/10/06

 

Me Vs Crapquest

CCA sent 06/10/06

Acknowledgement letter recieved 17/10/06

12 working days up on 26th October - Waiting for the required calendar month before further action

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Another question...I've looked at my credit record and there is no record of this debt or any other on there..is this normal??

Me Vs RBS

Data Protection Act sent 25/09/06

Statements recieved 04/10/06

Prelim sent 06/10/06

"Sod Off" letter recieved 12/10/06

LBA sent 26/10/06

 

Me Vs Crapquest

CCA sent 06/10/06

Acknowledgement letter recieved 17/10/06

12 working days up on 26th October - Waiting for the required calendar month before further action

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An acknowlegment stating the account is on hold is not a reply to a CCa s77/78 request. The documents must include a signed copy of the credit agreement, some form of proof they areentitled to chase the debt and a proper statement of account. It doesn't look as if you've received this.

 

Remember that their 28 days is sheer bu****t, they can't change the law because it suits them. The clock began ticking when they received the letter and 12 working days is all they have to produce their proof. If after a month they still haven't come up with it they (Capquest) have committed a criminal offence at which point you will report them to the OFT and your local Trading Standrads office.

 

Not finding a default on a credit record is not unusual if the account is old i.e. more than six years old but you said this account fell into arrears from May 2003. Have you checked all three credit reference files - Experian, Equifax and that other one?

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that other one = callcredit, or mycallcredit (the internet user one) now a word of caution here, i'm a member of the other two, and pay the monthy subscription, its great that i can obtain an upto the minute file. when i'm clean, i'll have no need for the service and it'll be binned. However, i joined the mycallcredit, and this one don't take a subscription, you pay a one off, 37 odd quid, and once you are in, yes upto date files are yours BUT, there is no online dispute, no email query service, and you can't even phone them. They offer an inferior serivce, everything has to be done by snail mail. I suggest that you pay them to supply your file, the paper one, check whats on, then clean youself up (if you need to) and then get an updated one to confirm the changes. Like i said, i'm a 'GOLD' account holder with them, and still have to post every bit of communication to them.

 

Prepare for a shock! i got one!!

when i viewed my file with mycallcredit, i have (or had) an alleged barclaycard account, that is in default, under account number, it shows "not provided", and the date of the defaut is not even given! needless to say i am BLAZING! i can't contact barclaycard to assertain details without an account number and the CRA don't know it either! A well worded letter is winging its way to their office as i speak questioning the validity of their data. In this case, the words "incorrect data" seem to be closely liknked to "defamation / fraud / incompentent" etc etc etc

Sorry Rant over, just letting you know what you are up against!

 

blanch

:sad:

Halifax

Beaten twice!

Aktiv capital default

Removed!

Thames Credit default

Removed!

Barclaycard Default

Removed!

Welcome Finance PPI

Paid in full after LBA

Ex-wifes Barclays

Beaten!

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Not finding a default on a credit record is not unusual if the account is old i.e. more than six years old but you said this account fell into arrears from May 2003. Have you checked all three credit reference files - Experian, Equifax and that other one?

 

I've only checked Experian and my credit file looks damn healthy, all green lights and smiles. The only bad thing I've noticed is that I'm not on the electoral roll which is something I need to get checked.

 

Is there a big difference between them all then?

 

Also re: the interest charges Crapquest are charging me. Is that legal??

Me Vs RBS

Data Protection Act sent 25/09/06

Statements recieved 04/10/06

Prelim sent 06/10/06

"Sod Off" letter recieved 12/10/06

LBA sent 26/10/06

 

Me Vs Crapquest

CCA sent 06/10/06

Acknowledgement letter recieved 17/10/06

12 working days up on 26th October - Waiting for the required calendar month before further action

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I've got all three of my files, and they all show different account details so i guess you should assume the same. As for the other, if you go down your local council offices, they can put you on the voters list.

Halifax

Beaten twice!

Aktiv capital default

Removed!

Thames Credit default

Removed!

Barclaycard Default

Removed!

Welcome Finance PPI

Paid in full after LBA

Ex-wifes Barclays

Beaten!

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Share on other sites

LOL...just had a phone call about this even though I've repeatedley told them to only write to me.(I want the paper trail)

 

The woman that called asked for my date of birth to confirm id and I refused to give it unless she explained what it was about. She said she couldn't give me details till she confirmed my id. I then said I couldn't give her my personal details until I confirmed her id and asked for her date of birth, address including post-code and a telephone number to contact her on. She hung up *smirk*

Me Vs RBS

Data Protection Act sent 25/09/06

Statements recieved 04/10/06

Prelim sent 06/10/06

"Sod Off" letter recieved 12/10/06

LBA sent 26/10/06

 

Me Vs Crapquest

CCA sent 06/10/06

Acknowledgement letter recieved 17/10/06

12 working days up on 26th October - Waiting for the required calendar month before further action

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Okay so today is the last day before they have to adequatley respond to my CCA request. *When* they don't..whats my next step??

Me Vs RBS

Data Protection Act sent 25/09/06

Statements recieved 04/10/06

Prelim sent 06/10/06

"Sod Off" letter recieved 12/10/06

LBA sent 26/10/06

 

Me Vs Crapquest

CCA sent 06/10/06

Acknowledgement letter recieved 17/10/06

12 working days up on 26th October - Waiting for the required calendar month before further action

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  • 4 weeks later...

Almost hitting the month point. Whaty do I do next?

 

1) Report them to FSA.

2) Can I take legal action to have the money they've obtained from me returned?

3) Can I take legal action to ensure they can't enforce this "debt"?

Me Vs RBS

Data Protection Act sent 25/09/06

Statements recieved 04/10/06

Prelim sent 06/10/06

"Sod Off" letter recieved 12/10/06

LBA sent 26/10/06

 

Me Vs Crapquest

CCA sent 06/10/06

Acknowledgement letter recieved 17/10/06

12 working days up on 26th October - Waiting for the required calendar month before further action

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call trading standards - 01329316219 speak to Adam Chambers - he's dealing with my complaint - yours is pretty much the same the way i see it - he contacted them 3 weeks ago and said they usually reply within 7 days - needless to say he calle dtoday to say he has prompted them and they havent been in touch which is most unlike them - hes chasing it up.

 

give him a call and see what he suggests

People who haven't made mistakes, haven't made anything!

 

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