Capquest & old MBNA Help!!!

[gfam64]

Hi evryone. I just cannot believe what ive been reading in this and another post re CapQuest. Ive been paying them for years re an MBNA debt.

I know i would never have recieved any letter of intention to pass on the debt,as I wasnt even in the country.

 

They just rang me today to say I was 5 days late with my payment. Ive been given a £500 penalty and have just reduced my payments down to £5 pm.

Great info on this site.

Thanks

[renegadeimp]

£500 penalty? what do you mean? If you mean you got a reduction/discount on the total amount of the debt, then stop paying immediately as you are being cash cowed on a bad debt.

[gfam64]

Hi renegadeimp.

No, they add £500 ontop of my original debt for late payment of our agreed arrangement. They should have got £7 on the 2nd of Aug but didnt get it til 7th...so, £500 please. Theyve added about 5k in total in 5 years.

[gfam64]

I told them I was struggling with £7 per month so reduced it to £5 today. I expect the debt to be paid by around 3115ad

[renegadeimp]

Ok. Ignore that £500. It is a grossly unfair charge. If you have a statement of account, then im thinking the rest of those charges are unfair and reclaimable.

 

Can i ask if capquest actually own the debt, or are they acting on behalf of another creditor?

 

 

Edit: they reduced your payments because you are being cash cowed big time. Have you considered stopping all payments and requesting a CCA or SAR?

 

Could you also post more info about your debt, as i am 99% sure you are being conned. I will ask an admin to make a new thread for you, so we can help you get these charges removed, and your debt sorted.

[Old Cogger]

Give more details, they are using you and for report them with copies of the letters to the FSA

[gfam64]

Hi again. Ido ignore it, in fact, to be honest, I dont really worry about it.

Capquest tell me they have bought the debt, so Im going to follow previously ststed letter templates and get them to prove it..

[renegadeimp]

Have you checked the 3 credit agencies to see what appears on your credit file? Capquest have been known to tell people that they own the debt, but fail to provide any proof.

[Old Cogger]

go for it. to Ms A. SIMMS Quality & Assurance Officer @ Capquest.

Edited August 22, 2012 by Old Cogger

[PGH7447]

me thinks a complaint to the OFT about them adding a £500 charge for late payment, I am sure they would be more than interested in this [problem]

[citizenB]

They arent allowed to add £500.00 for a late payment.. what are they on !!

[gfam64]

Ive recently bn sent a letter from Marlin re an alleged debt from Barclaycard (Orig Eggicon card)

Apparently this was an online application and as such, no signatureicon was needed.

 

I do remember having an Egg card, but I also remember the balance being around £300 not the 2428.50 they now assert.

 

This was over 5 yrs ago.

I was further puzzled when I heard recently that Barclaysicon had sold customers info to rogue traders.

 

I have just asked them to send me a signed agreement, but they say the tick box was sufficient... REALLY??

Ive also asked for a full statement of account, Payments made and full balance etc.

Any advice will be most welcome please.

Glenn

[renegadeimp]

Can you give us some dates? They are correct about the tick box providing that the agreement was post apr 2007.

 

 

When was the last time you made written acknowledgement to the debt or paid anything off it?

 

 

Regarding the amount they say you owe, it isnt unheard of for the dca to add a ton of unlawful charges to it. But it is much more likely the cc company put a ton of charges there. Good news is they can be reclaimed

[angry cat]

Ive recently bn sent a letter from Marlin re an alleged debt from Barclaycard (Orig Eggicon card)

Apparently this was an online application and as such, no signatureicon was needed.

 

I do remember having an Egg card, but I also remember the balance being around £300 not the 2428.50 they now assert.

 

This was over 5 yrs ago.

I was further puzzled when I heard recently that Barclaysicon had sold customers info to rogue traders.

 

I have just asked them to send me a signed agreement, but they say the tick box was sufficient... REALLY??

Ive also asked for a full statement of account, Payments made and full balance etc.

Any advice will be most welcome please.

Glenn

 

The owners are now Cabot then, as Cabot have just purchased Marlin Financial!

Wonder if, Cabot will keep Martin Dumphy on?

[angry cat]

The owners are now Cabot then, as Cabot have just purchased Marlin Financial!

Wonder if, Cabot will keep Martin Dumphy on?

 

Looks like they didn't keep Dunphy on; he took the money...

 

http://www.telegraph.co.uk/finance/newsbysector/banksandfinance/10628884/Founder-of-debt-collector-Marlin-nets-30m-windfall.html

[angry cat]

How on earth the OFT allowed them to keep trading makes ones mind boggle...?

 

And, a little dicky bird just told me that Lowell are going to be floated; tweet. You really couldn't make it up, could you!?

[gfam64]

To Renegade Imp.

The debt is from Feb 2005. If it was digitally signed, is this still OK?... I refer to your previous comment about April 2007....How does that work with the CCA and their requirement to send me a true copy of my signed agreement?

 

Ive just found out, by ringing Barclaycard direct that this debt is real and the sum claimed is correct.

I cannot believe that it has taken them 9 yrs to get in touch with me.... I had not even realised the debt existed.

I have moved home 4 times in that time.

I am not aware of any correspondences at all, soI will send a SAR to them so they can prove it...

Without that, shouldnt the debt be statute barred??

 

Im just dumbfounded that this even is here...

 

Any further advice or comments would be appreciated.

Glenn

[renegadeimp]

Pre April 2007 they should have a copy of the original agreement, signed by you plus all T&C's at signature, any alteration, and the t&c's at closure of the account.

 

HOWEVER, A CCA request doesnt have anywhere near the power it used to, but pre apr 2007, iirc they should have sent out forms for you to sign and send back. Im pretty sure there have been cases where only a tickbox was signed and because there wasnt an agreement, then the debt was unenforceable.

 

Sadly though since the case that caused all these CCA changes, many judges allow the reconstituted CCA to stand as you did take the card and used the money. If i were you, i would be focusing on Possible statute barred status rather than lack of a CCA.

 

I also hope you have reclaimed all those junk fee's they have tried to charge you.