Capquest - "Letter Before Action"

Shorty82 · 23 December 2008 at 8:20PM

I owed just over £100 to Vodafone which had been passed onto Capquest. I received a letter a couple of weeks ago, demanding payment. I paid what I could afford at the time (£30) by direct debit via their website hoping that would keep them sweet until my next pay day. On Saturday I received their "Letter Before Action" threatening legal action and/or bailiffs if I do not make contact before Dec 24th. As I didn't receive their letter until I was home from work on Saturday, it was too late to call them as their offices closed at 3pm. I tried again after work yesterday and today at 7pm and again got the message that the offices were closed; despite the letter stating they're open until 9pm. I'm sending them an email using the address provided on the letter saying that I have tried to make contact as I want to get this settled before things get taken any further, but I'm worried it's too late.

I'm at work before their offices open tomorrow but can call on my break; but I fear they may be closed then too!:rolleyes:

Should I be worried??

Swans1912 · 23 December 2008 at 8:24PM

Keep a log of when you called - May help your case!

Ms-Pacman · 23 December 2008 at 8:33PM

the letter is likely to be one printed on mass to scare people like you.
If vodafone will not deal with you then I suggest you write a letter to capquest first making sure they have a legal right to chase the debt.
and if they do then offer an amount that is affordable to you but reasonable to start clearing it off.

Do not be bullied into paying what you cannot afford as thats how debt spirrals out of control. Any reasonable debt collector will accept an affordable amount.

the only bailiffs with any sort of right to take goods are those summonded by a court order and not just an in-house debt agency bully boy lot. have a look at this for bailiff info on what is a bailiff.

most people on here will recommend not to call and I agree with them. during a phone call you need to realise that the staff are there to get you to pay regardless of your situation and a phone call is no proof of what has been agreed.

get that letter sent, get a proof of postage if you can't afford recorded delivery as this shows you are making an effort to resolve the debt issue.

and lastly and almost the most important, do not despair and panic which is easy for me to say,
but look around at the threads on here.
you will see loads in the same situation some who have gotten a bit further in dealing with their debt and also a lot of support and friendship.

hugs to you and a template letter to send will follow in a minute....

Shorty82 · 23 December 2008 at 8:41PM

Thanks in advance for the letter

It's my own stupid fault for getting in this mess, a case of head being firmly burried in the sand! I'm happy to get the money settled though, paying off a percentage each month once I get paid next week (thank god - damn xmas ha ha!). I'm just annoyed they claim they're open til 9pm so when I do pluck up the courage to call I find they've closed early! Surely that's a bit unfair?

I know I'm probably over reacting but I guess that's normal? I'm a bit of a worrier anyway... I've just got visions of bailiffs showing up on Xmas day!!

Is it worth me giving vodafone a call?

chuckles1066 · 23 December 2008 at 8:45PM

Ms-Pacman wrote: »

I suggest you write a letter to capquest first making sure they have a legal right to chase the debt.

Sound advice and it buys you some time.

Send it Recorded Delivery and state that you want documentary proof that Vodafone have assigned the debt to them to pursue.

If nothing else, it'll pi$$ them off

Ms-Pacman · 23 December 2008 at 8:45PM

Your Name
Your Address

Date

Creditors Name
Creditors Address

Dear Sir / Madam ,

Thank you for your letter dated xx/xx/xx regarding the above named account.

As the amount is owed to (company name debt owed to) please can you provide evidence that you have been instructed to collect monies on behalf of (company name) as I have not received notification that (debt agency) are authorised to collect the outstanding balance.

I enclose a Personal Budget sheet which shows our total income from all sources, and our outgoings. As shown in the budget sheet I am unable to pay the full amount in one paymnent.

In view of my circumstances, please would you agree to accept a reduced offer of £xx per month. If interest or other charges are being added to the account I would be grateful if you would freeze these so that all payments made will reduce what I owe you.

Should my circumstances improve I will contact you again.

I would be grateful if you would send a paying−in book to make it easier to pay you. Thank you for your assistance.I look forward to hearing from you as soon as possible.

Yours faithfully,

Name(type don't sign)

chuckles1066 · 23 December 2008 at 8:50PM

Ms-Pacman wrote: »

Name(type don't sign)

Inadmissible in any proceedings.

Unsigned letters are frowned upon by DJ's.

Ms-Pacman · 23 December 2008 at 8:52PM

I wouldn't bother calling anyone, as vodafone will probably just say refer to debt agency. companies have a nasty habit of leaving stuff like this to debt agencies as they wouldn't dare try the tactics some debt agencies use and know they'll get a better scare tactic result. which it has as you've paid money online to the debt agency - shows their tactics work :-(

you'll probably get a few phone calls from them demanding money and you'll probably find you'll get them regularly as a lot put numbers on an autodialer.

If you get a call just say you have responded to their letter and that you will only deal with this in writing. In fact I'd recommend that when they identify themselves to you and then ask you to confirm details just say "send it in writing" and don't bother to get into a conversation with them.

Shorty82 · 23 December 2008 at 8:56PM

Thanks again... however I don't feel I can send that letter as a lot of my income is disposable. I probably can pay the full amount straight away. It's my own stupidity that got me into this position in the first place i.e. not cancelling my phone contract properly.... and then like I said, burrying my head in the sand and pretending it was all sorted. (yes, stupid I know).

I get paid next Friday and could call them up an pay either a percentage of the amount month by month or just the full amount and get it out the way. It's just the fact that I can't get in touch with them to tell them this that is worrying me!

Ms-Pacman · 23 December 2008 at 8:57PM

for a standard letter like this you don't need to sign it. just type your name.

if you visit some debt websites you will see they recommend not to sign name for standard letters,
but not for letters such as subject access request which is not really needed here. I have read hundreds of debt sites and forums recommended never to give a debt agency a copy of your signature if possible and I see that as good advice.

kittyminx · 23 December 2008 at 9:05PM

Hi,

I don't post very often but thought I would here.

I had a similar letter from them yesterday for a debt to egg for 2.5k that had been passed around the houses and then to capquest. I rang them when normally i would have only contacted them by post, purely because I know me and I know i'd worry about it all over the holidays and I didn't want that. SO I built my self up and rang, I don't actually have any money in my bank account until I get paid so they couldn't have anything off me....so I rang and got the most laid back bloke, he was fairly friendly considering and set up a payment plan of £10 a month, there was no trying to get me higher which I was sure there would be he just asked what I could afford and I said 10, they're sending out the DD forms so I've got a bit of extra time and I wanted to double check the debt had been passed back to them (it was originally with them and I had a copy of the thing from egg saying it was being passed on). Within 5 mins it was all sorted and I felt so relieved.

I'm not saying they're like that with everyone as i have heard some horror stories about them. But they were much nicer than the horrors that are first credit or what ever they are.

If you do ring, agree something you can afford if you start to feel pressured just hang up.....and don't give them your phone number, they didn't even ask for mine.

good luck and try not to worry too much!!!
Dxxx

Capquest - "Letter Before Action"

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