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Capquest/Drydens - Claim form sent for old debt


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Hello All.

 

As as student,

I had an Egg credit card.

 

Due to losing a job, no longer being able to pay the minimum payments etc,

 

I built up a debt which in dec 06 was sold to capquest.

It's just over 12k.

 

Now, when i originally got the letter from capquest 18 months ago, it demanded immediate payment.

 

I got in touch, and said this isn;t possible.

I was paying egg £200 monthly as a minimum payment.

I offered them £100 - all i could afford, but they wouldn't have it.

I said nothing else i can do.

 

Over the months, they sent letters, called the house etc etc.

I was never at home, and my Dad eventually got really annoyed and made them stop calling.

 

There have been gaps of a couple of months where they would not send any letters.

I ignored all letters as i'd already told them i couldn't pay in full, and they wouldnt take the £100.

 

To be honest ,i couldn't really afford the £100.

 

Some of these letters offered to right off a third of the debt if i paid in full - but I still didn;t have 8k.

 

Since then i hvae graduated and am earning.

I could now afford to pay some off a month - not lots, but i could do it.

 

After no letters for the last couple of months again, I got one yesterday.

I'm not really sure what it is - and i don't have it here with me to quote.

 

It says something about bankruptcy,

that they have done something and i have 18 days to do one thing, and 21 to do another.

It mentions some goverment websites i think.

It also says on the first sheet at the bottom they hope things can be sorted without going to the bankruptcy stage.

 

Can anyone explain what this letter is, and what i should do?

I have ignored them in the past as i simply could not repay anything

- now i can at least offer them a monthly payment?

 

Thanks, J.

Edited by J_amb_0
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They were being unreasonalbe in not accpeting the maximum you could afford at the time, send off for a CCA request to check whether or not the debt is enforceable....

 

A CCA request is a formal request for them to send you a copy of your Consumer Credit Agreement, without it (and bear in mind it MUST contain the prescribed terms) then they cannot enforce the debt legally.

 

If you want convincing read this...

 

Consumer Credit Agreements - A letter from the Parliamentary Under Secretary Of State

 

You can find the CCA request here, letter 'N' - Creditors and DCAs - Letter Templates & Budget Planner -they have to provide this within 12+2 working days or they fall into default of your request - which also means Capquest can't enforce the debt. You need to send this with a £1 postal order.

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

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It sounds that what they have sent you is possibly a Statutory Demand.

This must be sent out before they can institute proceedings to make you bankrupt.

 

Crapquest along with most DCAs send these SDs out like confetti in a bid to scare people into telephoning their threat centre

threat monkeys so they can bully and CONvince you into paying money you can ill afford.

 

Do you own your own house and have huge equity?

If not quite what Crapquest would gain by making you bankrupt is beyond me.

 

I really suspect it is a scare tactic.

Work out what you can AFFORD to pay them per month a set up a standing order for this amount.

Pay it whether they agree to it or not.

This of course assumes that Crapquest can come up with a properly executed and valid CCA.

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Guest forgottenone
It basically says something about bankruptcy, that they have done something and i have 18 days to do one thing, and 21 to do another. It mentions some goverment websites i think. It

 

Perhaps you could post what you've received here ... 'J'

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Thanks for all the speedy replies - it's nice to see that there are people willing to help out there :)

 

What i received is a statuary demand by the looks of it - i had at the templates.

 

I'm willing to bet the guy on the phone all those months ago didn;t goto egg - he just dismissed it.

I did wonder how bankrupcy would help capquest

- i have a car and a laptop and desktop pc, but live with my parents still.

The debt is unsecured, i remember it said this in the letter.

 

I realise i owe egg the money

- there will be intrest and charges in the 12k thats for sure.

And i just remembered - capquest now claim i owe them 14k,

2k being intrest since they bought the debt.

 

What's the first thing i should do?

Ask them for the credit agreement?

Shall i offer to pay them some money in writing?

 

J

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First thing is CCA Crapquest, and S.A.R - (Subject Access Request) Egg dont offer them diddly squat, also start the process to get the SD set aside.

 

Hi, can you clarify what you mean they don't offer them easily? To who, me or cap?

 

Also, is the clock ticking (18days etc) while i wait for the CCA?

 

Thanks, J

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Ok, so when i S.A.R - (Subject Access Request) egg (is there a template) and CCA cap, does the SD automatically get put aside?

 

No! The clock keeps ticking on remorselessly. It is unstoppable.

 

Which is a bit daft when the timescale for a credit agreement request can possibly extend past the SD hearing date. The timescale for a subject access request definitely will.

If you want to use information from these requests then maybe you have to ask for adjournment. Not sure if that's permissible - are there any legal eagles about?

I really do appreciate all those 'thank you' emails - I'm glad I've been able to help. Apologies if I haven't acknowledged all of them.

You can also ding my gong if you prefer. :)

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just a quick thought have you thought about reclaiming the credit card charges etc?

you may find more then a few grand in charges.

Halifax Bank - Owed £1599

23/3 - Data Protection Act sent

24/5 - Data Protection Act finally arrived

25/5 - Demand for repayment sent

04/10 Court bundle filed with court and Halifax

29/10 STAY ISSUED

JAN 08 - Currently being harrased by debt collectors!

Mar 08 - New DCA - Stopped in there tracks

Jun 08 - And another

Jul 08 - Complaint made to HBOS

Nov 08 - My accounts been sold to a DCA

Jan 09 - New complaint issued against HBOS

Mar 09 - Halifax re-aquired the debt

Apr 09 - Applying for Hardship.

 

at least they removed 2 defaults in selling accounts! :D

 

I dont not claim to know everything and any advice i give should be treated as MY opinion.

 

If ive been helpful tip the scales!

or better still

DONATE TO CAG - every tenner helps!

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Lol, i'm getting more confused now! I know i'm asking to be spoonfed - and for that I apoligise - but can someone give me a step by step guide. I like to do my own research, but time is a bit short!

 

First thing, i send them a request for CCA - i'll use the template on this site. Then, I ask egg for a SAR? - how is this done? Then, i need to ask for the SD putaside - how do i do this?

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  • 4 weeks later...

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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  • 1 year later...

Update, it's nearly 2 years since i posted originally.

 

I sent capquest a letter along with a budget sheet and offered to pay them £80 a month, which they accepted.

However, over the last 6 months i have started getting lots of phonecalls on my mobile from them

- none answered. What are they after?

 

I have looked into my credit report accounts.

It shows the original Egg account as settled and satisfactory.

However, the capquest debt is showing in default.

Alarmingly, the original balance was 12k, it is now showing as 16k!

 

Where do i go from here? I have paid around 1600 pounds off, but now owe even more?

 

Will this go on forever, will i be forced into bankruptcy?

Is there a maximum time that you have to keep paying off a debt?

 

It says on the creditexpert site that this default will be taken off my report within 6 years if paid off or not,

does this help me as the default with capquest was filed in October 2005?

 

Thanks.

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Did you ever send the CCA and the SAR if not you must do so now.

 

Send the SAR to the original creditor and the CCA to whoever you are paying now.

 

CCA request; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/581-cca-request-letter

 

SAR; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/576-subject-access-request-debt-a-dca

Anthrax alert at debt collectors caused by box of doughnuts

 

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Please send the above as advised - you could have potentially saved yourself alot of £80's by doing so back then.

Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

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Lol, i'm getting more confused now! I know i'm asking to be spoonfed - and for that I apoligise - but can someone give me a step by step guide. I like to do my own research, but time is a bit short!

 

First thing, i send them a request for CCA - i'll use the template on this site. Then, I ask egg for a SAR? - how is this done? Then, i need to ask for the SD putaside - how do i do this?

in order to get the sd set aside you need to attend your local court...and swear an affadavit...i would think that the defence you are going to use is.

1. you totally disagree with the amount owed...and that a lot of it is made up of charges and interest..which you dispute..

2. that capquest have not yet responded to your requests to supply paperwork towards the debt..including a statement of account relating to all charges levied on the account..

3. that capquest have already turned down a reasonable offer of payment on the account..

4. that issuing a stat demand being used in order to pressure you into coming to a larger settlement than you can reasonably afford

5. that you require the sd set aside with costs awarded to yourself for time and inconvenience

you also need to ring capquest and ask to speak to the person who issued the stat demand...ask for them by name and only them..refuse to speak to anyone else...make sure the person who issued the demand exists..if they dont or will not allow you to talk to them invalidates the stat demand under the insolvency act and can also be added to your defence...

if you need any more help give us a shout

remember these stat demands are time limited even it they obtain one they have 21 days to act to make you bankrupt and it also costs them money about a grand to bankrupt you

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The reason I didn't take action was that I was happy that they accepted offer, and glad to have them off my back, especially with the (false?) threat of bankruptcy.

I will CCA them, but in the mean time my concern is i'm paying and the debt is going down!

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