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Hi there

 

Got a letter 5 weeks ago from Capquest with some claim that they'd bought a debt from Amex. Thing is I haven't had an Amex card for years now, since 2001 in fact. I rang them disputing that the debt actually existed as I was convinced I'd paid Amex everything I owed them before chopping up my card. I hadn't received any correspondence at all from Amex since 2001 so was puzzled when a request for nearly £700 pounds appeared from Capquest. 2 weeks ago I received a nasty threatening letter about baliffs calling and telling me that the value of any goods seized would offset only 10% of their true value against the debt.

 

I sent off a CCA request which was delivered together with my £1 cheque on 31/01/07 and I know they have 12 working days to comply with the CCA rquest and 1 calender month after that before they commit an offence. Question is what happens if they send something to me after the 12 day period but within the calender month period?

 

Incidently I did a credit check and found out there was a debt to Amex for £39. I can't believe I didn't pay off £39 but more to the point how did it balloon into nearly £700 ?

Any suggestions how to proceed? Many Thanks!

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  • 2 weeks later...

Welcome to the Capquest Amex Club Salisburyowl!! It would appear that you and I are in the same boat. I too received two letters (both dated 14 February) from Capquest stating account was on hold after I sent the CCA request last week. They also requested I furnish them with statements and details of payments. THAT I AM NOT GOING TO DO!! However I have been paying Robinson Way a token payment for the past 15 years by standing order. I did read in these forums that RW are not now classed as a Data Controller and it would appear that this debt has been, according to Crapquest 'sold by American Express' to themselves. I received their first letter on 10 February.

 

I now have the dilema of whether to continue to pay RW until I find out whether Crapquest can produce the documentation from Amex or go for a SAR to Amex. Still pondering but will probably wait to see if Crapquest come up with any goods.

 

Will keep you posted and good luck!!

 

Mike

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Hi Mike

 

I'm at odds as to whether or not to send a SAR to Amex...having not heard from them in at least 5 years. I suspect that we're getting close to the 6 year mark and thats why they've sold the debt..if indeed that is the case to capquest. I checked my credit record and according to that I owed Amex £29....if that was the case I would've cleared that amount quite easily so I'm disputing that. Like I said I've had no correspondence from Amex for years now so I'm unsure wether or not I do owe them, my thinking was I paid it off years ago.

 

Anyway I will wait to see what capquest come up with I have my complaint letter for trading standards at the ready...I'm not impressed with the bullying tactics of capquest at all!

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Salisburyowl

 

I checked my credit file with Experian on 11 February and there was absolutely nothing on it. In fact my credit score was 978 whatever that means!! The last communication I had with Amex was, I think, back in 1991 when they 'passed' the debt to RW. I was made redundant from a company that ceased trading so was well and truly down the swanny. I am of a mind to await the next communication from Crapquest as others have done, so if I can get past the 26 February and they cannot produce the agreement I can then sit back until 26 March OR SO I BELIEVE from other postings on this forum. I will keep you posted and you do the same for me. It could be interesting!!!

 

Mike

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Hi Mike

 

My 12 days were up today so they've defaulted...i knew they would when i got the 28 days letter. So now waiting for 19th march....at least now they have to have a court order if they want to enforce the debt presuming that it does exist and they can produce the cca.

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  • 3 weeks later...

Well the plot thickens......

 

I sent off the CCA request as advised and it was signed for on 31st Jan 07. Well today I received from capquest a series of copies of Amex statements dated 12/01/05 to 11/12/06 ...the first statement has the figure owed as £441 and each month they are adding £10.99 for an Internet provider ( one which i cancelled in 1999). The statement also says 'your account is cancelled and has been assigned to our coolection department. Please pay the balance shown immediately and ensure all cards are destroyed by cutting them in two.'

 

I haven't heard from Amex in years..at least 5 maybe even 6...so why no correspondence if I haven't been paying my bill? I checked my credit record which shows an outstanding debt to Amex for £29. Secondly why only send these statements? Looks like capquest don't have my CCA agreement.

 

The letter from capquest says ' further to your recent correspondence please find enclosed copies of documents as requested' I didn't send a SAR i sent a CCA request! (incidentaly they haven't cashed the £1 cheque) The letter goes onto to say that if you are not repaying on this account on an agreed arrangement send your payment to blah blah. We have paced your account on hold unti the 17th march if we do not receive contact from you by this date then the account will be passed to our collections department for further action.

 

Any ideas what I should do next? Should I send a SAR to Amex or will this restart the limitations timescale?

 

Any feedback would be gratefully received.

 

Thanks

 

Owl

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Well the plot thickens......

 

I sent off the CCA request as advised and it was signed for on 31st Jan 07. Well today I received from capquest a series of copies of Amex statements dated 12/01/05 to 11/12/06 ...the first statement has the figure owed as £441 and each month they are adding £10.99 for an Internet provider ( one which i cancelled in 1999). The statement also says 'your account is cancelled and has been assigned to our coolection department. Please pay the balance shown immediately and ensure all cards are destroyed by cutting them in two.'

 

I haven't heard from Amex in years..at least 5 maybe even 6...so why no correspondence if I haven't been paying my bill? I checked my credit record which shows an outstanding debt to Amex for £29. Secondly why only send these statements? Looks like capquest don't have my CCA agreement.

 

The letter from capquest says ' further to your recent correspondence please find enclosed copies of documents as requested' I didn't send a SAR i sent a CCA request! (incidentaly they haven't cashed the £1 cheque) The letter goes onto to say that if you are not repaying on this account on an agreed arrangement send your payment to blah blah. We have paced your account on hold unti the 17th march if we do not receive contact from you by this date then the account will be passed to our collections department for further action.

 

Any ideas what I should do next? Should I send a SAR to Amex or will this restart the limitations timescale?

 

Any feedback would be gratefully received.

 

Thanks

 

Owl

 

Nothing to do...They haven't satisfied your CCA request..No agreement = no debt...Let them pass it to whoever they want...Keep all that they send you and do nothing else..That'd be my advice

Just hate every DCA out there

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  • 2 weeks later...

Well well well funnily enough on the 42nd day after receiving my CCA request a nicely spoken lady from capquest rang and left a message on my answering machine. She wanted me to ring her back on 0870 0843510 to chat about a refernce number she quoted.

 

Any ideas anyone...they quite clearly have commited a criminal offence now...time to send a letter off to the OFT.

 

Oh while I remember capquest send me 1years worth of amex statements about 10 days ago. The only item on them was a monthly charge for an internet provider I cancelled in 2000. I didn't send capquest a SAR....it definately was a CCA :-D

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Saliburyowl

 

I agree with pmhcfc; sit back and wait for them to comply with your CCA. You might want to send them the letter requesting they do not contact you by telephone and put everything in writing.

 

I have another 8 days to go before my 42 days are up. I have however been receiving calls from the following numbers:

 

0800 197 3936

0800 169 5876

0800 027 0360

 

which I have not answered. Any one got any ideas who these numbers might be??

 

Regards

bi15hgm

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Well well well funnily enough on the 42nd day after receiving my CCA request a nicely spoken lady from capquest rang and left a message on my answering machine. She wanted me to ring her back on 0870 0843510 to chat about a refernce number she quoted.

 

Any ideas anyone...they quite clearly have commited a criminal offence now...time to send a letter off to the OFT.

 

Oh while I remember capquest send me 1years worth of amex statements about 10 days ago. The only item on them was a monthly charge for an internet provider I cancelled in 2000. I didn't send capquest a SAR....it definately was a CCA :-D

 

Aww , she wanted to speak to you--poor her lol...feck em...THey've defaulted and commited offence now...The next step is this letter :

 

In my letter xxxxxxI made a formal request for a copy of the signed, executed credit agreement for the above numbered XXXXXXXX account under section 77(1) and section 78(1) of the Consumer Credit Act. In addition a statement of my account should have been sent along with any other document mentioned in the credit agreement

 

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. If the request is not satisfied after a further 30 calendar days, Your company commit an offence. These time limits expired on XXXXXXXX and XXXXXXXX respectively,

 

As you are no doubt aware subsection (6) states:

 

]If the creditor under an agreement fails to comply with subsection (1)—a) He is not entitled, while the default continues, to enforce the agreement; and

 

(b) If the default continues for one month he commits an offence.

 

Therefore as at XXXXXXXX this account became unenforceable at law and it is now my intention to refer this matter to the enforcement authorities.

 

Any default notices or adverse comments your company have recorded on my credit reference file should be immediately removed.

 

]Failure to respond favourably to this letter within seven (7) days of receipt will result in immediate litigation being commenced against your company without further notice.

 

I await your rapid response.

Just hate every DCA out there

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Amex did something similar to me. I disputed a charge on my account and they closed it! Eventually I paid it off less the charge which was agreed. I have a letter from them confirming it was settled and closed (2003). Since then, I have had to force them to remove a default showing the amount as still due, and I have had to fend off harrssment from debt collection w***kers including Vill Collections, 1st credit and finally Capquest who bought the debt from Amex. If you think about it Amex has sold to Capquest something they don't have. In the case of Vill Collections and 1st Credit even after I sent proof of payment they continued to hassle me.

 

Amex are ****, so are Vill Collections and 1st Credit should be wiped off the face of the Earth. If someone has a nuclear bomb available I'll go and deliver it personally. One day these people will be held to account for their actions. One day...

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Saliburyowl

 

I agree with pmhcfc; sit back and wait for them to comply with your CCA. You might want to send them the letter requesting they do not contact you by telephone and put everything in writing.

 

I have another 8 days to go before my 42 days are up. I have however been receiving calls from the following numbers:

 

0800 197 3936

0800 169 5876

0800 027 0360

 

which I have not answered. Any one got any ideas who these numbers might be??

 

Regards

bi15hgm

 

Dial 141 and then phone them back! If they answer say that you are collecting an outstanding debt and it is up to them to prove they don't owe it! Then keep phoning them again, about 4 times a day

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Saliburyowl

 

I agree with pmhcfc; sit back and wait for them to comply with your CCA. You might want to send them the letter requesting they do not contact you by telephone and put everything in writing.

 

I have another 8 days to go before my 42 days are up. I have however been receiving calls from the following numbers:

0800 197 3936 - N Power

0800 169 5876 - Card Protection Plan marketing call

0800 027 0360 - Kwik Fit Insurance

 

which I have not answered. Any one got any ideas who these numbers might be??

 

Regards

bi15hgm

 

Thought I'd call them and see...!

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Paulw922

 

Many thanks for obtaining those subscriber numbers!! I now know to add 141 before I call back.

 

Still not heard anything further from Crapquest - another 7 days to go!!!

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Well well well funnily enough on the 42nd day after receiving my CCA request a nicely spoken lady from capquest rang and left a message on my answering machine. She wanted me to ring her back on 0870 0843510 to chat about a refernce number she quoted.

 

Any ideas anyone...they quite clearly have commited a criminal offence now...time to send a letter off to the OFT.

 

Oh while I remember capquest send me 1years worth of amex statements about 10 days ago. The only item on them was a monthly charge for an internet provider I cancelled in 2000. I didn't send capquest a SAR....it definately was a CCA :-D

i had an account handled by capquest which they could not produce the CCA i got the same standard letters - 28 days - send us any info etc -i did not contact until after the 12 & 30 days (some people say never contact them) i wrote them a letter simply saying they had failed to comply with my CCA request within the timescales what this entailed on their part and as far as i was concerned the matter was now closed, they wrote back saying they were no longer responsible for the debt and i would hear no more from them (they owned the debt by the way) once they purchase the debt they cant pass it back and forwards, they made the mistakes upon bulk buying of debts by not asking for the CCA's (in many cases these dont exist anyway opening c/cards and catalogues online) so they can take the losses

HAHAHAHA

 

PLEASE CLICK MY SCALES IF THIS HAS HELPED

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hi, can someone help me out here please, i get letters threatening allsorts of stuff, i actually got one today. what is a CCA? and should i send a letter of any sort. the debt i owe is for capital one, i applied for the card online ages ago. i also get other letters from other debt collectors.

 

help please cause i`m a born worrier lol

thanx

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I got another phonecall from the lovely 'Emma' from capquest today...so I've just typed two letters to send recorded delivery tomorrow. One is a stop harassing me by telephone letter, the other is a letter informing them that they have now committed a criminal offence and that I am writing to the relevant authorities to report them because they have failed to comply with my CCA request.

 

Lets see what happens now eh:rolleyes:

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Evening

 

I think Capquest are affilated to Heatons Solicitors. my wife had some dealings with Heatons and then Capquest and eventually a payment was arranged on direct debit every month. This moved along for 3 months and then a letter was received from the original creditor stating that they had the account back and the full amount was owed. We challenged this and they said "they had an excellent relationaship with their clients" therefore didnt believe they would withold payments. They sent the usual 6mths to go to the FOS or accept what we are saying seeya letter.

 

Priceless!

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Well they've obviously received my letters. On my doorstep today was a letter from capquest...it reads...

 

Please be advised that a copy of the original signed agreement was sent to you on the 7th March 2007.

 

Yours sincerely

 

Collections Administration

 

They didn't send the CCA as requested, they sent some Amex statements instead which are incomplete and don't convince me at all. The muppets at capquest now know that a complaint to the OFT has been sent.

 

Whatever next eh?:roll:

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Well they've obviously received my letters. On my doorstep today was a letter from capquest...it reads...

 

Please be advised that a copy of the original signed agreement was sent to you on the 7th March 2007.

 

Yours sincerely

 

Collections Administration

 

They didn't send the CCA as requested, they sent some Amex statements instead which are incomplete and don't convince me at all. The muppets at capquest now know that a complaint to the OFT has been sent.

 

Whatever next eh?:roll:

 

Not forgetting to complain to the FSO as of next Thursday ;) If it's going to cost these companies £450 every time a complaint is registered against them then they should soon learn.

Just hate every DCA out there

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Hi Salisbury

I also have issues with Capquest, and have today sent a request for mt Credit Agreement and the deed od assignment, so the clock is ticking.

 

I take it the phone calls have stopped after your letters.

 

Keep us informed of your progress.

DS

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