CapQuest and OH's catalogue debt help

[alpo287]

Hi, my partner had a catalogue about 5 years ago and fell behind on the payments.

 

The debt is currently at about £1040 because of all the interest added on each time she didn't make the minimum payment they were demaning (about £500 a month).

 

She has received a couple of letters from CapQuest saying they have purchased the debt.

 

The latest one says they are able to obtain updates from the credit reference bureaux regarding her current financial position to be able to evaluate

what steps should be taken to get the account onto a paying status and help repairing her credit file.

 

She needs to contact them in the next 12 days to clarify her position and avoid possible legal action etc etc

 

Her only correspondence with the catalogue in about 3 years has been a letter last month offering them £10 a month as at the moment

it's simply all she can afford, the catalogue ignored it and then she received the letters stating it has been passed to CapQuest.

 

Now my question is now that CapQuest has purchased the debt,

can interest still be continually added on each month by the catalogue for 'insufficient minimum payment',

or is the debt settled at that figure now the catalogue have passed it to them?

 

Also, what is best to do next?

She has been advised by family to send the same letter she sent to the catalogue offering a payment of ten a month to CapQuest.

 

Any help is appreciated

[dx100uk]

hi alpo

 

firstly

 

i would get an SAR off to the cat co. ASAP

 

lets get the true picture

 

i bet shes been hit with £12 fees for everything.

 

ALL those are reclaimiable.

 

as for crapest

 

can you get a copy of her CRA please

see below.

 

lets check they DO own the debt.

 

just remember they are a DCA with NO LEGAL POWERS

keep off the phone too.

 

pers we recommend nothing more than £1PCM, cat debts are VERY low priority.

 

i've moved your thread to the cat forum

 

have a read of a few threads here

 

you'll soon get the idea!!

 

dx

[alpo287]

Yes I will get onto the SAR asap. It is indeed the £12 default charge that was added onto each bill statement due to 'insufficient minimum payment' that has pushed it up higher and higher. However, the minimum payment they were demanding was ridiculous - something like £500 each month!

 

Not to sound dumb but what is CRA and how would i go about obtaining one?

 

I have always thought the cat debt are very low priority and very few people end up in court because of them. However, I have seen people elsewhere on the internet saying they won't just 'drop it' and could send someone round to recover the cost in items. Also heard that after a period of several years they just write it off, so i'm a bit confused:;

[dx100uk]

cra file info is below in my sig

 

as for sending someone around...they cant do that either.

 

if the debt is mostly penalty charges

then they'll prob drop it in the long run

 

thats why they have sold it on a phishing list

 

they know they dont stand a chance in hell in court.

 

please read this forum.

 

dx

[alpo287]

Just further to this

- She has now received a letter from HL Legal solicitors saying unless payment/agreement is reached by 15th,

court action may be taken which will result in court fees etc being added.

 

.From searching around on here it seems HL and Capquest are the same people??

 

I don't believe she has ever signed anything with this catalogue company and never signed up for them online either (all orders were done over phone),

 

so how would it be enforceable in court? Is it worth just ignoring the HL letters?

[dx100uk]

just the next bloke at the next desk in a diff skirt.

 

did you get that SAR off

 

and have you checked her CRA file yet?

 

dx

[citizenB]

Yes I will get onto the SAR asap. It is indeed the £12 default charge that was added onto each bill statement due to 'insufficient minimum payment' that has pushed it up higher and higher. However, the minimum payment they were demanding was ridiculous - something like £500 each month!

 

Not to sound dumb but what is CRA and how would i go about obtaining one?

 

I have always thought the cat debt are very low priority and very few people end up in court because of them. However, I have seen people elsewhere on the internet saying they won't just 'drop it' and could send someone round to recover the cost in items. Also heard that after a period of several years they just write it off, so i'm a bit confused:;

 

 

Catalogue debts are indeed low priority and any repayment plan should reflect this.

 

IMHO, I would advise working out what the value of the charges added are and make a reclaim to see how much of a dent this would make in the outstanding debt.

 

The DCA cannot simply turn up on your doorstep and "take items" - they would need to issue a claim, obtain a judgment and then you would have to fail to pay that judgment in order for them to even consider sending a bailiff round.

 

Are you able to scan in the last couple of letters received from CapQuest/HL Legal ? Please be aware that some companies have started to issue statutory demands for this type of debt. So if threats of legal action are being made, then you should indeed start to form a plan of action.

 

In the first instance, I suggest you send to CapQuest, a CCA request - for a copy of the agreement. It will cost you £1.00 and they are obliged to comply within 12 working days + 2.

 

If they fail to comply with this request, then they should not be able to issue a claim against you.

 

Send the SAR request - that will cost you £10.00 - this needs to go to the Original Creditor - they have 40 calendar days to comply with the request and what you are looking for are the statements in order to submit a claim in respect of the default charges.

 

Have you at any time received a Default Notice from the Original creditor ?

[alpo287]

Hi, sorry for late reply

 

I haven't managed to send off the SAR request as haven't really had a spare tenner.

 

Just a question regarding the CCA. If I send for one of these, does this mean that the debt won't be eligible to be statute barred after the six year period because the CCA request counts as acknowledging the debt/having contact with them?

 

This is the latest letter received from them:

 

Dear Mrs xxxx

 

In the matter of: CapQuest Investments Ltd –v- xxxxxxxx

Debt purchased from: Shop Direct Financial Services

Balance: £xxxxx

 

Despite our numerous attempts to assist you to find an amicable solution to settle this account, the balance remains unpaid.

 

Our investigations into your current financial position, based on the information we currently hold, are now complete and it is unfortunate that we find ourselves preparing a Statutory Demand under section 268(1) (a) of the Insolvency Act 1986 which will be completed on or around xx Dec 12 which will be served upon you.

 

If you do not apply to set aside the Statutory Demand within 18 days or otherwise deal with the demand, as set out in the appropriate notes within the demand, you could be made bankrupt and your property and goods taken away from you.

 

Any application to set aside the demand (form 6.4 in Schedule 4 to the Insolvency Rules 1986) should be made within 18 days from the date of service upon you and be supported by an affidavit (form 6.5 in Schedule 4 to those rules) stating the grounds on which the demand should be set aside. The forms may be obtained from the appropriate court when you attend to make the application.

 

Remember: From the date of service of the Statutory Demand

(a) You have only 18 days to apply to the court to have the demand set aside, and

(b) You have only 21 days before we may present a bankruptcy petition.

 

You can stop this by contacting us now on 0844 248 6669 Lo-call Rates Apply quoting Ref: xxxxx. As one last conciliatory gesture, we are offering you the opportunity to clear this account once and for all by paying a settlement of £627. This is subject to you accepting the offer by xx Dec 12.

 

Yours sincerely

 

 

 

CapQuest Debt Recovery Limited

Edited December 14, 2012 by alpo287

[dx100uk]

a CCA request does not reset the SB date

 

you need to get one off by recorded delivery TODAY.

 

you should have done theis months ago.

 

that will stop the SD if they are going to apply for one.

 

though this to me looks like a case of threatening to use an SD for debt collection purposes

which is a big NO NO.

 

dx

[dx100uk]

they are also offering a discount

 

so that prob all the charges + int.

 

did you get her cra file as advised too earlier

 

if not do it now

 

see below

 

noddle is free.

 

dx

[alpo287]

i'll send of the CCA request today

 

i tried noddle but it was asking for card details in order to sign up and she doesn't have a bank account

[dx100uk]

citizenB has just replied to a thread you have subscribed to entitled - Help! - Natwest have instructed capquest - large debt - in the Debt Collection Industry forum of The Consumer Forums.

This thread is located at:

http://www.consumeractiongroup.co.uk/forum/showthread.php?t=330724&goto=newpost

Here is the message that has just been posted:

***************

not all the creditors/dcas report to ALL of the CRAs.. so to obtain a full check, you really need to contact the 3 main players.

 

Company Secretary

Equifax Limited

Capital House

25 Chapel Street

London

NW1 5DS

 

 

Company Secretary

CallCredit Limited

1, Park Lane,

LEEDS

West Yorkshire

LS3 1EP

 

Company Secretary

Experian Limited

Talbot House

Talbot Street

Nottingham

NG80 1TH

 

You can either complete the forms online or send a letter (below) with a £2.00 postal order.

 

---Quote---

All of the three Credit reference agencies offer a paper version and they only cost £2

 

Noddle (who are part of CallCredit) off free online credit reports but as they are the smallest of the threee, they may not have all the info

 

Experian paper app.

http://www.experian.co.uk/downloads/consumer/cfa.pdf

 

Call credit

http://www.callcredit.co.uk/media/53...itfile-app.pdf

 

Equifax

http://www.equifax.co.uk/Products/cr..._file_0310.pdf

 

Send with a £2 postal order.

 

You can use Experians online free trial. just make sure you cancel before the trial runs out

 

Address

 

Company Secretary

CallCredit Limited

1, Park Lane,

LEEDS

West Yorkshire

LS3 1EP

 

Dear Sir or Madam,

*Limited Data Subject Access Request

s9(2) The Data Protection Act 1998*

I hereby request a copy of my Statutory Credit Report, served under s9(2) of The Data Protection Act 1998.

I enclose the Statutory Fee of £2 paid via Postal Order, number: 123456.

For the purposes of confirming my identity, I can confirm the following details:

*My full name*:

*My Maiden Name: *

*My Date of Birth*:

*My current Address*:

 

I have lived at the above address for XX years.

 

I note that under s7(3) of the above Act, a data controller is not obliged to comply with a request under this section unless he is supplied with such information as he may reasonably require in order to satisfy himself as to the identity of the person making the request and to locate the information which that person seeks.

However, I feel the above information identifies me sufficiently to discharge your obligations to establish my identity before posting my Credit Report.

I am aware that you have 7 Working Days to post the Credit Report to me, commencing the day after this s9(2) Statutory Request has been delivered to your Company.

*This letter must not be regarded as granting your Company any Data Consent*.

Yours faithfully,

*Enclosures:

*1 x Statutory £2.00 Fee via Postal Order Number: 123456

*Notes*:this letter is being sent via Royal Mail Special Delivery service

---End Quote---

there is also

www.checkmyfile.com

....ends