Jump to content

 

BankFodder BankFodder


style="text-align:center;"> Please note that this topic has not had any new posts for the last 366 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

I have been making regular token payments off two debts that have been sold to Capquest. 

 

One was a loan

 one was a credit card

both before 2007,

 

they are adding more interest each month than my payment so I dread to think what the total is now.

 

I want to sort these out but so scared to make any contact with them and I  really don't want my now credit file to be affected or to go to court.

 

I have doing some research and think that I need to apply for a subject access request - do I do this with the original creditor or Capquest?

 

I'm assuming that this will provide me with all the information that is held about me, so I'm assuming that I will be able to find out if this debt is enforceable?

 

I was going to send a CCA request as well but really anxious as to whats going to come through my letterbox. 

 

I haven't had any correspondence from them in relation to these debts since 2012 and no phonecalls but I can still remember how stressful it was at the time.

 

Are there different letters for loans and credit cards for the SAR and CCA and what is the likelihood of there being any paperwork for debts this old. 

 

Any advice would be appreciated.

 

Thank you.

Share this post


Link to post
Share on other sites

Good grief..stop blindly paying a fleecing dca.

and they shouldn't be adding ANYTHING.

 

a DCA is not a BAILIFF

and have

ZERO legal powers

 

let me guess..all this was done on the phone😹


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

Share this post


Link to post
Share on other sites

Send a CCA off to Capquest for each debt.

 

I would make sure you send it signed for delivery. Capquest are ' losing' a lot of mail at the moment, to the point of it being suspicious. Make sure you print off and save the signed for Royal Mail Signature too.

 

Capquest are known for buying unenforceable debts, so it's likely they don't have any paperwork.  They have 12 +2 days from the date of Receiving your CCA request to comply (which they won't), if you don't get anything back, stop paying ! No CCA, No pay.

 

As for your credit file, have you checked it to see if the debts are still on their?


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

hold on the CCA request or any letter

as long as they have your correct address 

sit on your hands till they write to you then comeback here

 

do not EVER use email/text/phone again.

 

everything in writing only from now on!!

 

dx

 


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

Share this post


Link to post
Share on other sites

Who are the original creditors and do you know if the debts have been assigned or are CQ just collecting?

 

 

Andy


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

yes, get as much info as you have together before you do anything.

You say loans sold to CQ- did you receive the notice of assignent under the 1925 law of property act?

also can you  give us a precis of the statement you ahve got from as far back as possible, how much was owed back then, what you have paid and what interest and charges they have added since. They might owe you money and certainly your actual debt will be a damned sight less. Their naughtiness will attact interest at 8% at least on any overcharge so that effectively doubles the amoutn you ahve actually paid over 9 years

Share this post


Link to post
Share on other sites

Hi All

 

Thanks for your replies.  The debts were with Liverpool Victoria and I received a letter from them and Capquest stating that these debts have been assigned. I cancelled my direct debit this month but then got scared and made an online payment for my usual payment amount.

 

I have today received a letter regarding the credit card debt that as my debt plan has failed, despite the fact that they had the regular payment but obviously have not checked and just saw that I had cancelled the direct debit they have placed my account on hold for 30 days to enable me to complete a statement of means.  I'm sure I have read on this sitet hat only a Judge can order this form to be completed - is this correct?

 

I'm going to send the CCA forms off tomorrow recorded post but worried that these debts will be enforceable and I really need a small mortgage now to enable my mum to move in with me so I can look after her.

 The debt has increased £1600 in interest and charges, Liverpool Victoria advised me that they can charge this as the debt has been assigned to them - is this correct. 

 

What happens if the debts are enforceable?

 

I feel physically sick with worry at present. Any advice would be appreciated.

Share this post


Link to post
Share on other sites

In terms of a mortgage are the debts showing on your credit file still?


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites
Just now, walkingonsunshine said:

No, my credit file is clear and has been since 2015. 

 

No problems with a mortgage then !

 

 


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

But I need to submit bank statements and the regular payments were showing. Hence my need to take action which I admit I should have done years ago when the outcome wouldn't have mattered as much.

Share this post


Link to post
Share on other sites

DCA has no right to ask for a statement of means.

 

You have stopped paying them,  in a few months there will be nothing on your banks statements to indicate you are paying them.  It's off your credit file, and if they can't come up with a CCA it's not even enforceable.  


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

Thank you for your quick response.  I have just typed up the CCA requests, so might make the post tonight.

 

Just worried about what happens next and they come up with some sort of agreement, as I am assuming that as the debts were sold they have the paperwork.

Share this post


Link to post
Share on other sites

If, and it's a really really big if, they come up with something then come back  and show it on this thread, there are people who will be able to tell you if it's enforceable.

 

For the record, Capquest took about 8 months to come back with an agreement for me, that was 18 months ago. The debt is now statute barred, it just goes to show that even if they have paperwork often they won't take any action.


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

Thank you, that makes me feel  happier.  I will update you in due course, hopefully with positive news.

Share this post


Link to post
Share on other sites
35 minutes ago, walkingonsunshine said:

as I am assuming that as the debts were sold they have the paperwork.

you have a lot to learn

they don't ever have any paperwork when its sold

you are simply one line in  spreadsheet of 10'000 of sold debts they buy in a debt portfolio.

don't forget they are totally powerless legally

and ARE NOT BAILIFFS.

 


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

Share this post


Link to post
Share on other sites

I posted the CCA requests by recorded delivery, they were received on 22nd March,

 

I have one letter confirming this regarding the loan but no response from the credit card. 

 

They returned both postal orders in a separate envelope stating that there is no fee for this service, so I know that both letters were received.

 

Am I correct in thinking that, as I know that the letters were received on 22nd March that 12 working days is counted from that date, meaning that I should receive a response on Monday?

 

Should I send a letter  advising that these alleged debts are unenforceable or just have no contact?

 

Regarding the payments that have been made to these alleged debts, can I suggest that these are used as  the full and final settlement against these alleged debts

 

Any advice would be greatly appreciated.

 

Thank you.

Share this post


Link to post
Share on other sites

once anyone fails the 12+2 working days deadline , you can stop payment till they comply with an enforceable agreement checked by us.

but no sadly it doesn't mean the debt is over, just they cant demand payment.

 

sadly all you've done by blindly paying is run the SB date to infinity, they now have 6yrs.


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

Share this post


Link to post
Share on other sites

Thanks for the quick response. Yes, sadly I realise what I have done now by paying them, still learning from this site.  They have  advised that they hope to reply by the end of April, they would be well out of time anyway.

 

I will update as I get responses.

 

Thank you.

Share this post


Link to post
Share on other sites

Capquest won't find the paperwork by the end of this April or probably the end of any April.


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...