Capquest Letter

[steady82]

@renegadeimp : The crapquest letter says that they have bought this account from OC

 

@zoeturner : I will report the letter to the OFT but should i call crapquest first to argue about this ?

 

@CitizenB : I can do the SAR to the original credit card company but they might pass on my details to the debt company and i might end up automatically acknowledging the debt ? Please suggest

[ims21]

@renegadeimp : The crapquest letter says that they have bought this account from OC

 

@zoeturner : I will report the letter to the OFT but should i call crapquest first to argue about this ?

 

No...do nothing with CQ until you are sure of your dates

 

@CitizenB : I can do the SAR to the original credit card company but they might pass on my details to the debt company and i might end up automatically acknowledging the debt ? Please suggest

 

You have already been advised that a SAR does not acknowledge a debt

 

 

ims

[steady82]

thanks for the advice ims21 .

 

i am doing the SAR to the credit card company. Anyone knows the postal address for M&S money for the SAR request and whom should the Postal order be addressed to ? I found this link posted back in 2009 - http://www.consumeractiongroup.co.uk/forum/showthread.php?235780-M-amp-S-Subject-Access-Requests .

 

One thing i really want to focus on is to try and clear off this debt, i dont want to delay it anymore. Please feel free to make any suggestions on this. I am not sur ehow this SAR from credit card company is going to help me out! I really need to be talking to the current account holders i.e. debt collectors isnt that right?

[ims21]

If it is SB (which is what you want to find out) you won't need to pay anything.

 

The SAR to the card company will give you the details on when the last payment was made.

 

At this point you really should not be entering into anything with the DCA.

 

Your SAR should be addressed to the Data Controller at their registered office address, Kings Meadow, Chester CH99 9FB.

 

Postal Order made payable to M&S money with a note on the back saying that the payment is for SAR purposes only and is not to be used for any other purpose.

[steady82]

thanks for your quick reply 'ims21'

 

going to the Post office this evening to send the SAR out to the credit card company. will keep you guys posted. Thanks a lot again to everyone who has given me the suggestions to handle with this. I understand its only the beginning of my case but you advice has really helped me to absorb the shock and stress of this. With you support and advice, I really want to deal with it this time and no more temporary escapes.

[steady82]

Guys, i am back

 

I had sent the SAR to the credit card company a few weeks back. They sent me a letter confirming my address to which i replied back. So, i guess it will take 40 days from my last correspondence to the credit card company.

Now, As expected, Crapquest has sent me another letter threatening me the legal action, Its from H L legal saying that if i dont pay the full amount by xx date, they may start court proceedings against me. They are also saying that more cost will be added to the debt i.e. court cost and solicitor costs etc.

How do i handle this now? Just stay quiet until i hear back on my SAR request from the credit card company. Then i can be sure of when exaclty i paid my last money to them i.e. whether the debt is SB or not !

[Old Cogger]

H.L. is Capquest, point out you are awaiting requested documents from card company.

[ims21]

And I bet that threat letter is full of "May", "Could", "Might" etc....not "Will"

[steady82]

And I bet that threat letter is full of "May", "Could", "Might" etc....not "Will"

 

you are abs right 'ims21'

i think i should just wait for the reply to my SAR right! and not engage in any correspondence with Crapquest

[ims21]

Yep

[steady82]

hi guys

i am back here

i have received another letter fom crapquest offering me around 24% of discount if i set up payment arrangement with them within two weeks for the debt in question. I have ignored their last two letters. So, i am not sure why they are keen on offering me this discount.

Apart from that , i am still waiting for a reply to my SAR from the credit card company.

Please suggest what should i do?

I guess just keep waiting and ignore this crapquest letter ! ?

[renegadeimp]

Discount means a bad debt. End of.

 

Now you have a ton of negotiation power to use.

[Old Cogger]

Whatever you do with this, your credit file, if you came to a full/final discount offer would still show but satisfied you could ask for it to be removed but you would be unlikely to get them to do that., so which way you go is up to you, they might as they have done in the past sell it on very soon if you do not come to an agreement with them, until its statute barred.

[gust]

Like the guys say ignore shatquests threatograms. The sar will be ammuntion to the latest phantom payment tactic that some dca's are fabricating to try to stop the debt from hitting statute barred. You will have proof that what they claim is lies of which will do them no favours

[citizenB]

How much longer do the Original Creditor have to comply with the SAR ?

 

Have you checked that the letter was delivered (RM Website) that your Postal order or Cheque have been cashed ?

[steady82]

thanks for your replies everyone

yes i have checked the RM website, my SAR letter was delivered to the credit card company. However, i have not checked whether they have encashed my Postal order or not yet. I will go to the post office this afternoon to see if i can check this. I do have all the receits with me. The credit card company has about another 20 days to comply with my SAR request.

 

In the meantime, any suggestions on how should i deal with crapquest letters or not at all !

[citizenB]

You will probably end up having to telephone the Post office to find out if the PO has been cashed. The number is now.

 

08457 22 3344 (option 5)

[steady82]

Thanks 'CitizenB' . Yes, the Postal order has been encashed by the credit card company. I have just rang up 08457 22 3344 (option 4, then option 5) and they confirmed it.

So, shall i just hang on to it for a little while....i guess my first priority should be establishing whether the debt is SB or not!

[citizenB]

Yes, if they have 20 more days to comply then there is little you can do.

 

How did you use to pay the account - if by direct debit or debit card, are you able to check old bank statements !

[steady82]

unfortunately, there is no way to check old bank accounts. Only credit card company can possibly give me the data of all the transactions.

[renegadeimp]

Sounds like a sar is in order.

[steady82]

Fellas

 

Need some help here.

 

I have rec'd a 'Pre Action Conduct' letter from Crapquest. Letter is basically saying that if i don't contact them to settle the amount, they will take the matter further into court. They have sent letters to me in the past but i have kept ignoring them.

 

• Type of debt - Credit card
  

 

• Last Payment made - Dec 2006
  

 

• I have never made any payments nor accepted the debt (verbally / in writing) with any collection agency since i made the last payment.
  

 

• I did SAR August last year from original credit card company and they sent me a whole bunch of documents containing all the transactions etc.
  

This crapquest even offered me a discount in their last letter which they sent me last year around Sep/Oct time.

 

Last time i checked, this debt doesnt even appear on credit report. Please suggest me a company where i can re-check my credit status just for reassurance.

 

Please suggest what should i do now ?

 

As always, i appreciate your time and advice.

 

Regards

Steady

[citizenB]

I don't quite think that is the purpose of the "Pre action" protocol.

 

Have a read for yourself.

 

 

http://www.justice.gov.uk/courts/procedure-rules/civil/protocol

[ims21]

If the last payment was Dec 2006 and there has been no acknowledgement inb writing since then it is Statutory Barred which is an ultimate defence to any court action.

 

Does their letter say "Will" or is iot full of "May", Might", "Could" etc.?

 

Capquest will almost certainly not be the owner of this debt. Who are they acting for?

[citizenB]

The credit reference agencies are..

 

Equifax

Experian

Call Credit.

 

It is my understanding that Noddle has an overview and is probably not as accurate as the others.

 

Do you know when you made the last payment to this account? If it doesn't appear on your files, then 6 years have passed since the default date. However, statute barred runs from the first missed payment which is generally around 3 months earlier.