Capquest - dunno what to do :(

[eeloojon]

Hello this is my first post in the DCA forum so be gentle!

 

In the last year and a half I got into some debt trouble because of depression/gambling addiction out of control and bank/cc company throwing money at me even though it was blantent the number of gambling usage on my accounts (you can tell I am bitter!!).

 

I stuck my head in the sand unfortunatley and being a student moved out my parents address not telling CapitalOne into a new flat then from there to a new flat without telling Nationwide.

 

2 weeks ago CapitalOne sent a default letter to my parents address and i paid the 200 plus an extra 50 to stop it going through which brought the balance down to 590 - below the 600 limit.

 

Now my mum tells me that a big red letter came saying I owe 590 within a week or the house will be blacklisted etc etc!! I got a message left on my moblie today from a woman claiming to be from The Telegraph Office. I googled a bit and found it to be CapQuest a DCA.

 

I could prob pay this and I am currently fighting Nationwide (who probably have a DCA on my case too...) to get over 1000 of charges back.

 

My income is 750 - 500 student bursary and 250 part time job.

All outgoings apart from debt and going out/clothes etc is about 500 a month. So I could afford some payment.

 

However I've read posts and sites about full and final offers and negotiating - obviously I would like to pay as little as possible if possible! Any advice?

 

Am also a bit scared about dealing with these people - I am a 5ft1 20 year old female and aren't exactly assertive. It also makes it difficult that to communicate by post I'd really have to tell them my current address...

 

Any help would be appreciated. Recieved another letter a few days ago - to my current address!!

 

Poses as a TELEGRAM..and asks me to phone for a buniness message. Pretty sure it is Crapquest.

 

After reading grumbletext about them I am still unsure what method to take with them.

 

Should I phone?

Should I send them a prove it letter?

Do I actually HAVE to pay these cowboys anything?

Should I open back up negotiations with Capital One?

If I did that how do I get Capquest off my back?

 

Arghh its so confusing

[mutzi]

Don't phone them, ever. Get things it writing, so as to keep a record of everything. Plus it's harder to be intimidated into paying more than you can afford.

 

Ignore capquest. Deal with capital one, just make them an offer and hopefully they'll call capquest off. If you can afford to pay off most the debt in one go you can try for 'full and final settlement'. No guarantees they'll accept though. Since they already have your current address, no point worrying about giving it away. Template is here: http://www.consumeractiongroup.co.uk/forum/debt-bailiffs-advice/20758-creditors-dcas-letter-templates.html#post162363

 

No doubt some of the debt is made up of unlawful charges, have you started to claim them back from capital one yet?

 

Capquest might not like being ignored, but if you are paying capital one there is nothing they can do. Not that they had any real power in the first place.

 

As for the nationwide, they don't seem to use debt collectors. They will, eventually, take you to court themselves. If you owe more than what your claiming back making some small payments in should keep them quiet while you sort the others out. If you owe less than the £1000 your claming, pay them nothing, the balance will just be offset against what they pay as settlement.

 

Hope your feeling better now

[boozy]

hi . recieved a letter from capquest the other day regarding a credit card debt from december 2000 now it is £2700. they stated in this letter that they have found out that im employed (where did they get the info from)

and also stated that i may go to prison if i dont pay.

so today i rang the office of fair trading and they told me that capquest,had broken the data protection act and the administration of justices act by stating prison in the letter, they now have passed my case on to trading standards and have said i have a very good chance of getting rid of the debt ...are they right

[mutzi]

Yes. From here:Debt Help UK : Administration of Justice Act 1970

 

Section 40 of the act provides that a person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under contract, he or she:

(a)...

(b) falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it;

...

 

If you haven't acknowledged the debt since dec 2000 it becomes statute barred next month anyway.