Capquest - Please Help!

[Timbo84]

Hi,

 

Sorry pretty new to this.

 

I have had a company called Capquest contact me 7 days ago stating I owe money to them from an RBS Account and Loan I had previously.

 

They are threatening to take me to court I rang them last week and got through to someone who stated:

 

1) They will not accept a monthly payment. Tough.

2) If I do not pay in 3 days the full amount they will send bailiffs to my parents house.

3) I will go to court blackmarking me and my family for 6 years.

4) They will not talk about the matter at all.

 

That was 3 days ago...

 

Rang today and got a helpful lady who said I could pay monthly and to talk to my account manager. The man I spoke to works under him. I rang back to try and arrange something and asked for my account manager. The same man took the phone and said wheres the money. I said I could not get it and he started saying I had been lazy I had not got the relevant legal advice I had not tried to get a loan and that I will go to court and thats the end of it. I emailed him to show I had applied for a loan and he just said because my account is with Natwest I will get rejected and that I had obviously not bothered.

 

He then said that the only thing he could do was send me to court and send the bailiffs round. He then started saying i was being sarcastic after i said the word "perfect" and asked me what i meant by it and why it was perfect that i am going to court i asked to speak to my account manager and he said he was my account managers boss (which he isnt) and then said dont bother ringing again and hung up.

 

Any advice is welcome. Please!

[vinegarvera]

My advice after dealing with these sharks is

A) DO NOT GIVE THEM A PENNY.

B) DO NOT SPEAK TO THEM ON THE PHONE AGAIN.

C) CCA THEM!

Put capquest or crapquest in the search tool at the top of this forum, make a cup of tea, sit back and read!!!

My post ARC,EGG,CAPQUEST MESS should reassure you that you are not the only person who has been upset by this bunch of monkeys.

 

Do not let them upset you and come back and ask questions, there are lots of helpful and very clever people on this site ( I stumbled across after a runin with Capquest).

I have not heard a peep from them for months!!

[djdave]

Hi Timbo, welcome to the forum even if you had to find it under such circumstances.

 

Capquest are bullies, plain and simple. Once they get a sniff of you they won't let go without a fight.

 

However, that doesn't mean that you can't fight back. Take some time to read some of the other threads round here and you'll see how. But in a nutshell:

 

* Don't ever talk to them on the phone, other to insist that all communication is in writing.

 

* Ensure you include "I do not acknowledge any debt" in all your letters.

 

* If you can, send your post recorded delivery (£1.04 for a standard letter) so they can't deny receiving it.

 

* Send them the CCA request (letter N in the templates library), asking them to prove the debt exists and that they have the documentation to back it up. This is your legal right, and will only cost you £1.

 

* Read the OFT guidance on unfair business practice (sticky at the top of the forum) and you'll see just how a good DCA should behave. Then compare and contrast Capquest's behaviour and chuckle to yourself. (edit: putting pressure on a debtor to borrow further is a big no-no, for starters )

 

* Don't let them grind you down. You're in good company here, and you've taken a good first step by posting.

 

Good luck!

 

PS: DCAs are not baliffs. Even in the highly unlikely event they send anybody round, it will be a debt collector, who has the same legal powers as the guy who pushes pizza menus through your letterbox. To get a baliff, first they'd have to go to court. And that's a very very very long way off, trust me, you'll stop this before it gets that far.

[Curlyben]

First NEVER talk to these "people" on the phone as they will try and get you to agree to anything.

 

Before you even think about making any sort of acknowledgement or payment to a DCA you MUST ensure that they have the LEGAL right to collect the debt.

This is achieved by requesting a copy of the Signed, Executed Credit Agreement via a Consumer Credit Act (CCA) request.

There is a template letter to be found here: http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

Letter N.

Is it important to start the letter:

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY in Big Bold letters.

 

It is best to send this request via recorded/special delivery as there are some inportant deadlines to observe.

 

After 12 WORKING days the "debt" is in default and stays that way until the request is complied with.

If a FURTHER month passes then the DCA has committed a summary criminal offence and the matter should be referred to Trading Standards for action.

 

I hope this clarifies some things.

[rory32]

Just some points of note

 

1) They will not accept a monthly payment.

They are legally obliged to accept any offer of payment.

 

2) If I do not pay in 3 days the full amount they will send bailiffs to my parents house.

 

Nonsense. They can not send bailiffs without a court order.

 

3) I will go to court blackmarking me and my family for 6 years.

 

There is no such things as blackmarking or blacklisting. They may take you to court to attempt to get a CCJ against you (this would only appear on your credit file no one elses). Without a copy of the credit agreement that complie with the Consumer Credit Act they can forget about making a CCJ stick.

 

With regards to suggesting that you get a loan to pay off another debt this is against OFT debt collection guidelines.

 

You must ensure all communication is in writing. Phone calls can b denied and as you have found out talking to them is a waste of time.

 

Send them the CCA request as VV has stated. Send it recorded and enclose a £1 postal order. Do not sign the letter. The template for the CCA request is here http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html template N.

 

Also send them the harassment by telephone letter here http://www.consumeractiongroup.co.uk/forum/bank-templates-library/37006-harassment-telephone-response-letter.html

 

Have Capquest sent you a Notice of Assignment regarding this matter?

[Timbo84]

Heh guys thanks for the help, they have been playing good cop/bad cop today. With a nice lady ringing me this morning trying to help me which I refused to comment too and told her I was sending the above letters too them, and would send an email as well with the information in today. I then just had a voicemail from the Manager who abused me and hung up on me telling me to ring him. The lady actually stated that they are going against no regulations in asking me to get a loan to pay this back!!!

 

I will ring him now but I have printed off both letters and if he says anything to me I will just real off the relevant information. Ill let you know what he says

 

Thanks for the help again made me feel so much better this morning

[Curlyben]

NEVER call these "people" as the will get you to agree to anything !!!

It takes balls to talk to a DCA, so it's best not to.

 

You are perfectly within your rights NOT to answer the phone !!!

If their calls continue I'd consider getting "choose to refuse" from BT or even changing your number.

Now you could send them a "do NOT call letter", but they'll probably ignore it completely.

[Timbo84]

This guy is such an idiot im not even going to say anything just see what threats he has whilst I record it and then say I have sent a letter detailing I want all communication in writing from now on, it has gone special delivery today. Then hang up

 

Will give me some satisfaction back.

[pfens]

however if they still insist on ringing you you could just put the phone down and leave them ranting at thin air and running up their phone bill. just a thought if you leave the line open (apart from not being able to use your own phone) does that mean they can't use thier particular phone?

[Timbo84]

Hmm I dont want to agrivate them just tell them the facts then hang up, that will annoy them more,

[Curlyben]

Timbo this WILL certainly annoy them and seeing how the CapQuest call monkeys DON'T have a sense of humour, you'll end up being put on the "special attention" list !!!

 

Now if you do end up answering the phone to them simply refuse to respond to the security question. They then MUST end the call.

 

I'm serious here.

 

I have some experience with dealing with DCA's and CapQuest rank up as number #2 in the bad telephone experience table after RMA.

They will NOT listen to anything you have to say and will try and but in at every chance.

 

So save your time and ignore their calls.

[rory32]

The lady actually stated that they are going against no regulations in asking me to get a loan to pay this back

 

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

 

2.6.b covers it.

[Timbo84]

Oops,

 

He rang again and I answered, he started trying to talk and I just said stop right there.

 

"Your office rang me earlier and I informed them that I have sent by special delivery a letter requesting my CCA agreement you have 12 days to respond to this"

"What is a CCA mr myname"

"A CCA is the credit agreement between yourselves and RBS stating whether I do apparently owe this money"

"Ok well we can..."

"Secondly I have sent you another letter stating you will no longer contact me by means of telephone or you will be breaking various acts ...(realed off most of the letter) ... please remove my numbers from the system and do not contact me again"

"Ok mr myname we will do that when and if we get the letter you say you have apparently sent. Are legal team will then liase back with you."

"Excellent we are agreed, goodbye Mr Murphy."

 

Put the phone down never felt better.

[vinegarvera]

WELL DONE YOU!!

Bet you feel better this evening??

You have stated the facts now plain and simple, all future correspondence should be in writing. If not there is a telephone harrasment letter on this site somewhere, I will try to post it if I find it!!

[Timbo84]

Heh thanks I have the letter someone posted earlier. Thanks for all your help and Ill keep you informed, fingers crossed I can learn from this and help someone else out now. I owe you all a beer... Well as soon as I pay this off

[Dibsthefrenchie]

Capquest are the reason I found this website, must put them on my Christmas card list!

I had an unpleasant phone call with them and would agree with the previous advice given, never speak to them on the phone, my account is now on hold until they come back with a copy of the CCA.

[vinegarvera]

Capquest are the reason I found this website, must put them on my Christmas card list!

I had an unpleasant phone call with them and would agree with the previous advice given, never speak to them on the phone, my account is now on hold until they come back with a copy of the CCA.

 

 

ME TOO!!